Document LJqMO5YwVXLR1gNdevnDq3wOg

Asbestos expert Dr. Selikoff `No known safe level for inhaling' Q. What are your concerns aboet the Press Conferencelevel of exposure students or school em ployees face la areas where asbestos is fond ia ceilings or as an insulating materi al? SELIKOFF: Our health problems with DR. IRVING J. SELIKOFF. asbestos are derived in pan from the fact asbestos researcher at ML Sinai that there is no known safe level for the in Medical Center, is today's Press halation of asbestos, particularly since the "fibers tend to accumulate in tissues. Thus.* asbestes-aewjated cancer and lung scar ring have been found among wives and "children of asbestos workers, indicating 'that the levels found in households of' "asbestos workers can cause disease. There' have been no adequate studies made that Conference subject Each week a different ceieb- rity or person in the news is fea tured, and readers are invited to participate by submitting ques tions. ' Next Sunday's subject will be would provide information specifically on W. Hunt DuMont, US. Attorney the risk of individuals exposed in schools or in public buildings in which asbestos exposure may have occurred. Such evalua tions wifi be guided by the knowledge that there is, in scientific terms, a dose-disease response relationship between exposure and risk of subsequent disease (many`years later). Thus, school and public build for New Jersey and on Sept. 18, R. Leslie Deak, president of Deak-Perera US Inc., a leading foreign currency trader. Questions should be mailed to Press Conference, Asbury Park Sunday Press, Press Plaza, SELIKOFF: As noted in the foregoing, asbestos has been used in a large variety of circumstances and school surveys take this into account in their search (or the material. Too, the condition of the material is examined, since if it is damaged or tri able, there would be greater concern. ing exposure will generally have been Asbury Park, NJf. 07712. Q. Can you characterize fat any general much less intense than occupational expo way bow safe -- or unsafe -- students are sures and we can predict that the risk of in their schools, pertaining to asbestos asbestos-associated disease will also be sig Q. Could yon explain what research has nificantly less. Troubling, from a public shows are the health effects caused by health point of view, is the very large num exposure to asbestos in the workplace, and ber of people involved and the fact that, in can you describe industries where asbestos school circumstances, many of those ex is most commonly used or processed? posed are young. . SELIKOFF: Occupational exposure to -asbestos has been found to be associated Q. As a leading researcher in the area of with a variety of cancers (lung cancerT health effects of asbestos exposure, bow do ieural mesothelioma, peritoneal mesothe- you feel about federal regulations requiring oma, cancer of the esophagus, stomach, exposure? Are there case studies that show particularly dangerous types of exposure as a result of how asbestos was used in school buildings? . SELIKOFF: Asbestos that is "locked In" presents no hazard, since it must be come airborne Detore it can be inhaled. This general concept stands us in good stead as we consider what should be done and priorities that might be established. school districts to survey for the presence of asbestos in their buildings? SELIKOFF: Before anything can be considered concerning avoidance of asbes tos exposure, information is needed as to whether it is present or absent and. if present, its condition. Therefore, regula tions requiring school districts to survey 'their buildings make good senseT ~ Q. The regulations don't require remov al -- just the posting of a warning sign, al though most districts are choosing to re move asbestos they locate. Should there have bees stronger provisions to require colon-rectum, oropharynx, larynx, kidney), as well as lung and pleural scarring, indus ' Q. What is the status of what we know tries in which this has been primarily iden about asbestos? What research is being tified include construction, ship building `done now and what is left to find out? and ship repairing, the utilities and power SELIKOFF: A great deal remains to be production, chemical facilities, petroleum done concerning asbestos. First, measures refineries, brake repair and brake mainte that would prevent further asbestos expo- . nance, asbestos production, production of sure take pride of place, so that we not add materials containing asbestos, steam to our legacy of the past. Second, for those locomotive repair, maintenance and repair already exposed, we should seek means of in a variety of industries and structures, preventing the diseases that are anticipat etc. However, asbestos is very versatile ed. Unfortunately, very few people previ material and has been used in a large ously exposed to asbestos have the advan number of circumstances and products. tage of regular-, long-term, periodic medical surveillance, lew are told about removal? SELIKOFF: Circumstances vary great ly and the way the asbestos present is han dled can vary accordingly. Regulations that permit such flexibility are appropri ate. Q. There was recently concern about the presence of asbestos in a certain type of clay used in school art classes. Are there less obvious areas than school structures where students may come in contact with asbestos? the special importance of their avoiding cigarette smoking (the combination of asbestos and cigarettes is particularly haz ardous), and there is very little research concerning more effective treatment of me sothelioma, or earlier diagnosis of other . asbestos-associated cancers. Equally, re W-D1 ASBURY PAR* EVENING PRESS (Etf05,0OD (S)138.000 ' NOV. 1 0 1883 SEP 4 . 1833 cent research suggests that it may be possible to increase the resistance of peo ple exposed to asbestos in the past against asbestos-associated diseases, in the future. This should be vigorously studied, else many of these people lace considerable PLAINTIFF EXHIBI difficulties. ' JMM5055 SC-JMM-2485 pENGAD-Bamme.NJ Zeolite--potent mimic of asbestos--' Asbestos--the mutagen enhancer?' ' Five years ago. V. Izzettin Baris and Mustafa Artvinii were looked at askance lor proposing that mesothelioma -- the unequivocal asbestos disease--reed not be caused by asbestos (SN: 7/15/78. p. 41). The Turkish researchers from Hacetlepe University in Ankara noted that 1] deaths from the rare cancer (affecting membranes lining the chest and abdominal cavity) had occurred in an asbestos-free Turkish village. Baris and Artvinii suspected erionite. a form of zeolite, was the culprit Since then, several other research teams have shown that any Though asbestos' ability to cause cancer is well-kn whether it directly alters DNA remains a question, immunologists from the Institute of Immunology a Experimental Therapy at the Polish Academy of Sciences Wrocklaw now report that though the fibers do not app- mutagenic by themselves, they enhance the mutagenicity benzo(a)pyrcnc (BP), a suspected carcinogen lound in coal cigarette smoke and combustion byproducts. , Initially. K- Szyba and A. Lange had lound 'asbestos fib .fiber with physical dimensions resembling those ol asbestos ' lacked any intrinsic mutagenic potential." In research tt `microscopic needles can cause the cancer, provided the fibers reported at the Wroclaw asbestosis conference, they perforn do 'not dissolve in tissue. Baris and Artvinii. meanwhile, have Ames mutagenicity tests teaming up asbestos and BP. When: "probed the zeolite-mesothelioma connection further. two were simply added together and tested in the presence of Returning to the village studied in 1978. and two other enzymes in an Ames system (which looks for mutations tl agricultural villages where mesothelioma incidence was high, correct a specific delect in a bacteria gene), they detected the}' found erionite in air samples, in rock samples taken from mutagenicity beyond that associated with the BP alone. I the homes of sick residents, even in lung samples of villagers. when the BP was absorbed onto (not merely added along wi More important, their studies "failed to show any asbestos." they asbestos fibers, they found a doubling or tripling of mutagenic report in Archivvm Immvnoloc:aS ET Therapiae Experime.vtaus (Vol. 30. No. 3-4 for 1382). which was just released. (The volume contains proceedings of a conference on over what would have been expected from the BP alone. A 41E-35 SQEHCE NEWS their results showed "the amount ol BP absorbed onto asbes epidemiological, immunological and genetic aspects of WEEKLY 150 000 wcc * was re*a,edt0 the number of (mutations)." Szyba and Lange suggest the asbestos fibers somehow m asbestosis. held in Wrocklaw. Poland.) Moreover, the Turks report, in tests where animals had fibers inserted into their lung the BP more readily available to the rat metabolic enzymes. Ai they speculate, it may be that asbestos works in some simi tissuer~the zeolite proved "more potent than asbestos in producing mesothelioma/ - BEP3 1933 way to account for the observed amplifying effect of cigare smoking on the lung cancer incidence in asbestos workers. GAF Corp. Asks Court Asbestos Victims Unshielded by the Court : To Dismiss Manville's Chapter 11 Petition To the Editor: "Manville Thriving in Bankruptcy. Shielded from Asbestos Lawsuits," says the headline of an Aug. 25 news article. The bankruptcy judge has given the ManviBe Corporation six extensions and is now considering an other. As a scientist, I am enable to comment on the legal issues involved, except to say that I hope they will be resolved. However, 1 would urge that the court considerbow it might mean while meet the urgentneeds of asbes tos claimants. Death and disease are cot held in abeyance by legal writ. The victims are barred from applying for the financial help needed to ease their dif ficulties. Men are dying of mesothe lioma or lung cancer, unable to seek medical care to ease their last days, and others are not able to afford the medical surveillance that could save their lives. 5dll others, short of breath, with asbestos rai-riaj and no longer able to make a living, can't keep their families together. It is hard to appreciate the tenor of a woman whose husband has been sent home from a hospital with a tra cheostomy tube in his throat, unable to afford a nurse, resuscitating him at each emergency, until the final epi sode. Or widows -- of shipyard work ers, steam-locomotive repairmen, construction workers; power and util ity plant personnel and other crafts men -- having used slowly accumu lated retirement dollars for the illness brought on by asbestos. Some have written me that they come close to begging in the streets. Others get along by visiting the chil dren in rotation. Often, when I write a widow for scientific information, the reply comes from a trailer park: the house was sold. After a lifetime of hard work, to die and to have his widow live in penury is a bitter final reward fora worker. The inexorable progress of asbes tos disease continues, while the lawyeriy discussions proceed. The court cannot provide a legal extension of thelives being endangered orlost. . I- J. Seukoff. MJD. New York, Aug. 29,1983 The writer is director of the Mount Sinai Medical Center's Division of Environmental Medicine. NY-D43 THE KEW YORK TIMES (M)914,S00 (S)1,477,5C0 SEP 10 1933 Sva Wau. Stkkit Jovkui. StaJJRrponrr . NEW YORK--GAF Corp. asked the bank ruptcy court here to dismiss Manville Corp/s Chapter U petition on the grounds that financially sound Manville shouldn't be protected from "debts that don't exist." In a motion filed yesterday. GAF argued that "future liability" isn't recognized under the Bankuptcy Code. Manville filed for court protection last year after a multitude of asbestos-related lawsuits that the company said would have wiped out SZ2 billion In assets. GAF. a roof ing and chemical company, is a co-defen dant in some of those suits. Under Chapter II. s company is sMpIhm from lawsuits while `ft continues to operate and work on a plan for reorganizing its debt. Since Manvme hied for Chapter'll on Au-~ ' gust zf>, 1B8Z. it nas obtained seven exten sions to present its reorganization plan. The most recent court-imposed deadline is PcST ber 17 Anthony J. Marchetta. a Newark. NJ.. lawyer representing GAF. said that Man- _ Wife "wrongfully invoked" the jurisdiction * " of the court, because "Us assets exceed its liabilities." Moreover, he continued. Man ville "is able to meet its debts as they come . due in Ihe regular course of business." At the end of the first half, Manville bad assets of &24 billion and liabilities of 51.13 billion. Manville earned 545.7 million, or SI.33 a share, hi the first hail, compared with a loss ol 5193 million in the year-ear lier period. Revenue rose slightly to 58655 million from 5S555 million. . Manville. a Denver-based maker of flBtotfss building materials and other products, said. THE WALL STREET JOURNAL "We believe that the (GAF) motion has no Friday. September 30, 1983 merit and'we stand by our position that Chapter 11 was an appropriate and neces D 002203 sary step to solve present and future claims." 'The asbestos-related health problems are on unfortunate legacy of the past' -- Schwarz ciwuuhe news media Media exaggerates asbestos dangers stricted to the categories of lockcd-ln and encapsulated. This means that the subject of asbestos In a sensational way. The issues related to the use o( ' school buildings. I am unaware ol any asbestos cannot bo (airly or adequately evidence demonstrating that any expo- addressed on the basis of playing on sura asbestos dust In school build- the emotional reactions of the public, bigs has resulted In an adverse health Thd/asbestos-related health problems effect. ' arenui unfortunate legacy of the past. In a recent article In the Burlington and have led to much fear, uncertainly Fre Press, Dr. John E. Craighead, on long on-tho-Job exposure, lie further "slated, "I am not swore of John Q. Public being In a situation where he had developed disease os o consoquence of asbestos exposure." It should bo noted that tho spraying of asbestos In buildings Tias 'Ecen' proKlIi" usbcslos fibers are added during the manufacturing process and arc held last by hinders such us cement, resins, usphall. latex, rubber or some oilier resilient material. Society continues lo enjoy tho benefit of the unique properties of asbestos In many-beneficial products that can be and misinformation concerning the usq asbestos authority ot the University of lied since 1973. used safely. I urge that reporting of the of asbestos. Vermont College of Mctjlclnc, said Today, with on awareness of the asbestos story accurately reflect (ha Many ol the news stories today most of Uio confirmed cdses of disease potential health hazards Involved, most use of asbestos today. KullTSCHWAnz - relate to sprayed-on asbestos In public have been among workers who have asbestos-containing products are re Fair Lawn . Here Comes The Judgment In Asbestos Litigation Judges nationwide are rendering decisions In suits against asbestos roducl manufacturers. They arc ending down decisions on particular Issues and making actual awards to exposure victims. Jury Verdict Research, Inc., recently published a study. Asbestos Related Injuries, Part IV, which discusses decisions made in Federal and Common Picas Courts around the country. In Ohio, a judge rejected a motion for a partial summary Judgment by the widow of an insulation worker who died allegedly from asbeslosis and lung cancer. A federal judge in Ihe state of Washington awarded a 48-year old former pipefitter $2,200,000 for his claim that he contracted asbcslosis'as a result of exposure lo asbestos products. Further information on these and other suits may be found In the recently published report. Jury Verdict Research surveys and analyzes jury verdicts on a nationwide basis. Results of the studies are used primarily by attorneys, insurance companies, corporations and government agencies in Ihe preparation and settlement of personal injury cases. A complete analysis of personal injury verdicts to asbestos victims is found in the Asbestos Related Injury scries of Ihe Injury Valuation Reports available for $ 12.50 each. Tills scries is valued at $62.50 and Is now available for a one time payment of $50. To obtain your copy, contact Jury Verdict Research, Inc., 5325 Naiman Parkway, Suite U, Solon, Ohio 44139, loll free (800) 321-6910. 43A-TS THE INSURANCE JOURNAL SEMI-MONTHLY 4,200 SEP 5 198.1 1 . 10 1903 . SEPTEMBER 19,1983 The News, North Jersey ; Manville Cleared to Sell Asbestos-Mining Unit flvo Wam. STUKErr Jouiinai. Staff tlvpnrter DKNVER-Manvilto Corp. said the sale of Its asbestos mining unit, Johns-Mnnvllle Canada, was approved by (lie U.S. bank ruptcy court In New York. , As reporled, a group of Canadian Invest ors agreed lo buy tlte unit for tllT million (Canadian). Completion of Ihe sale is ex pected soon, a Manville spokesman said. The move lakes Manville oul of (lie uslx-slus business except lor some minor operations. The 'unit accounted fur 1982 snles uf IS 1.9 million and operating profit of $1(1.4 million. Manvllle's 1982 total sales were $1.8 billion and operating prolil was SI63.G mllliuu. Manville, a forest-products and asbestos concern, filed (or court protection under Chapter II of Ihe federal Bankruptcy Code Iasi year, largely because of lawsuits stem- mlng Irom nsbcslos-iclulcd hcalili claims.; JOHNS-MANVILLE LOBBY EXPENSE OKAYED BY COURT V.'ASHINGTON, DC -- Ihe Metal uisinr.t court has abound Johns . Manville C.oiporation. the nation's la-gesi manolncture* of asbestos. to contract lor legal suivtceSTo lobby lei legislation to Miniate st-ttiemunt ol ostii.sioii-ielaied liability suits Johns- Mod lor proiocnon unocr Meat (iinktupljf tans last yoai in "i-i .vain cl a Hoed ol liliqai-ori oei'nq damages to- aiucstosis \<j rr.jojansi the lirni 43A-19 INSURAHCEWEEK WEEKLY 6.000 THE WALL STREET JOURNAL Friday, .Se|iiciiilicr I ft, iVrt.l S E P 9 I 9 fl 1 D 002204 School asbestos risk downplayed By COLEMAN WARNER "which can be crumbled, pulverized, or CUria*4^|r Suit *KW reduced to powder in the hand." Health risks posed by asbestos in Meanwhile, district communications Jackson Public schools aren't serious; specialist Linda Buiord.said officials enough to warrant pulling any child may consider providing free health ex from school or closing school buildings, ams and X-rays for maintenance and state Board of Health Director Alton B. custodial workers who have the great Cobb has advised Superintendent Rob est exposure to asbestos. But she said ert Fortenberry. such a.program could be costly for the Cobb said, however, tlwit because financiallystrapped district health effects of asbestro take many - Ms. Buford said the idea stems from years to appear, "children are at great a medical exam program set up by a er risk than older people." - Dallas school district to help protect Fortenberry requested a d etailed re employees from asbestos. sponse from health officii ils on the Also, she said officials may not fol health effectsof asbestosaftc ra survey low through with plans to form a medi revealed most of the districts 77 build cal task force to answer parents' que ings contain the material. ries on asbestos because district staff Consultants estimated re moval of - can provide chat service. the material would cost ?4.6 : nfflion. Asbestos, a once-popular construc "My opinion is that the health hazard tion material banned since 1978, has from asbestos is less than th e rude for been linked to lung cancer and asbesto- bad health effects from c-igarette sis, a scarring of lung tissues, among smoking, frequent consumptii m ofalco miners and construction workers who hol. smoking marajuana. or- perhaps handled thesubstance - even from such everyday activities as - Health officials have said no conclu driving an automobile,." Cobb said in an sive research is available on the threat Aug. 22 letter. asbestos poses for persons with "pas ' "Comparison of risks do no -t, howev sive" exposure, such as employees and er. lessen the need for us to implement children inschoolscontaining the mate programs for the removtil of 1friable as rial bestos from buildings." bje added. Cobb recommended that "schools, Cobb defined friable a sbes tos as that nurseries, day-care centers and other buildings which house children be given the highest priority in the removal of asbestos. We base this priority ap proach on theknowledge that health ef fects from asbestos take many years to appear, and therefore, children are at greater risk than older people.* He said that prior to removal of the material, officials can reduce the risk through "maintenance measures and education of staff and children to avoid physical contact" with friable asbestos. Cobb said school officials are han dling in the asbestos problem in a "re sponsible manner." School officials said they have re ceived little negative reaction from parents since die asbestos survey's re sults were made public last month. Officialssaidsomeofthe$6.4 million that will be borrowed by the district this month -- and paid off through a tax increase -- may be used for asbestos removal. No specific projects have yet been planned. The School Board approved on July 18a L35 mill taxincreaseforcity prop erty owners to fund school renovations. The tax increase followed the failure of twoschool construction bond measures when they didn't obtain 60 percent vot er approval s a s 2 O wO <r Ci r^ Q_ LU CO Union seeks fast action by government to uphold compensation for asbestosis By ANN LAUGHUN and what coarse of action to rec - of The Gazette ommend to the government. Com mission officials have refused all The Confederation of National comment until after that meeting. Trade Unions (CNTU) has called The debate centres on L200 for on the Quebec government to lake mer workers stiffening from as quick action fr ensure that victims bestosis, a debilitating lung1 dis of asbestosis continue frTget cora^ ease caused by exposure to pensaiiuu payments bow Lkireat- asbestos fibres. eaed by a recent court decision. - Under an order-in-council "It would be completely abnor passed in 1975, the provincial gov mal if the Work Health ami Safety ernment added a regulation to the Commission demands from these Quebec Mining Act allowing the workers the 820 million in pen Work Health and Safety Commis sions that have been paid to them sion -- thro called the Workmen's or obliges them to return to work Compensation Board -- to require at the places which caused their all asbestos mine-site workers to illness," CNTU vice-pre'sident pass a medical examination each Gerald Larose told reporters. year. The provincial commission's Any worker who failed to get a board of directors is to meet today dean bill of health would lose his to discuss the compensation issue mine work permit and automati cally become eligible for compen receiving compensation were p sation. . workers. - Under Qnebec law, asbestosis Because of the court dedsior victims are entitled to 90 per cent the other 80 per cent now cod of their former salary until age 65.' -lose their benefits and be force The money is paid by their former back to wort employers through the commis He urged the safety commissic sion. ' to recommend that the mining leg However, a Superior Court rul islation be changed to indude a) ing in April struck down the 1975 mine rite workers and not just th> order in council, saying that since pit employees, a widening mov> the resulting regulation came which he said was in keeping wit! ' under rise Quebec Mining Act, it the original spirit of the law. could only apply to workers em .On the strength of the Superun ployed in the mine pits or under Court decision narrowing the eligi ground and not to all employees on bility for payments, Johss-Man the mine site such as truckdrivers, ville Canada Ino, the country': mill workers and the like. largest asbestos producer, las Larose of the CNTU said yester week started legal proceeding: day that only 20 per cent of the 1, against the safety commission ti 200 former workers diagnosed as recover $10.8 million in compen suffering from .asbestosis and now sation to asbestosis victims. * . A recent study of automobile asbestos .emissions concludes that automobiles con-' tribute only a small amount to ambient as bestos levels in New York City, primarily due to the low asbestos content of brake wear debris. -- SAB Paper 831036. 4A-18 AUTOMOTIVE ENGINEERING MONTHLY 48,000 HQVv 1 O 1983 AUG 1933 PQ-D4THE GAZETTE (M) 222,000 (CAM) 0 002205 AUG 18 i*S83 Pace 252 mpft i&atsnajs mb&s. CLAY ANNOUNCES INTENT TO BAN ASBESTOS PRODUCTS and impose production caps under tsca sec. 6 '. . August 17t 1933 The Environmental Protection Agency will move forward with plana to ban certain asbestos products and to place a product cap on overall asbestos opera tions in a cove to control the hazardous fiber, according to Don Clay, acting assistant administrator for the Office of Pesticides and Toxic Substances. In testimony before a Senate toxic substances oversight subcommittee last nonth. Clay made the surprise announceaent, which would include asbestos as part of EPA's burgeoning existing chemical control program. . Clay told chairman Sen. Dave Durenberger (H.-Minn.) that hi3 office Is pre paring the ban and production cap proposals under Section 6 of the Toxic ' Substances Control Act. . ' Although the project is still in the development stages. Administrator - William Ruckels.hau3 has approved the toxic office's, basic asbestos program. Currently, the Office of Toxic Substances i3 planning to propose a ban on five product categories: - cement piping, saturated roofing felt, unsaturated roofing `felt , floor backing and floor backing with vinyl sheeting. Second part of the regulation would be the production' cap on asbestos pro duction which would revive the agency's old theory that such a cap would create market forces that' would eventually eliminate-"non essential" use3 of asbestos as the demand for limited amounts of the fiber forces prices to rise , * *, . Meanwhile, Nick Hluehyj of the Asbestos Information Association told THH . .that his group would most likely oppose "something with the potential of 'destroying half the asbestos market" such as a ban on.asbestos pipes and floors. .' ' >*. DOW AGREES TO END HCB/PCB COURT FIGHT AND PAY Si20.000 PENALTY- IF EPA EASES RULES ON MC3S ' . .' Dow Chemical Co- and Environmental Protection Agency have agreed to call off their court battles over the definition of whether mcnochlorinated biphenyls are considered polychlorinated biphenyls until after the agency issues its final rule for the incidental generation of PCBs this fall. . Under the July 29 agreement, Dow said that if EPA adopts the suggested PCS language -- which would regulate KC33 much less stringently than PCBs, as offered in the joint environmentalist and Chemical Manufacturers Association's consensus proposal for Incidental PCS manufacture -- it will drop its federal appeals court action over the PCB definition and will, pay a $120,000 enforcement penalty for 1978-79 PCB labeling violations involving PCB replacement fluids. The action merely calls a truce between the two until EPA determines . language of the final rule. EPA officials have already Indicated that they will adopt the heart of the PCB consensus proposal and If they do, both EPA and Dow would give a little to end the dispute. Dow would accept EPA's position that HC3s are PC3s but, EPA would then regulate the different isomers according to their environmental and human health risk. However, if for some reason EPA unexpectedly changes Its mind, Dow spokesman' Ton Betts said that Dow would then continue its court challege to the PC3 defi nition on scientific issues. He said Dow-would be satisfied if EPA admits that different honologe3 of PCBs can be regulated differently, although the company still maintains that a monochlorinated biphenyl-is not a PCB. . ... . NOV. 1 0 1883 v. y D 002206 C c  i.-s .vj... ... *r. , . V .* i :*7 *.-- -Asbestos - "'* . BAN PLANNED ON FIVE USE CATEGORIES; '.. * . "\;w. PRODUCTION CAP WOULD FOLLOW UNDER TSCA ' ~ -Five categories of.asbestos use would be banned and a . ..'U production cap placed on all other asbestos uses under a '; / \ - ' proposal being drawn up by the Environmental Protection . i" .Agency's OEce of Toxic Substaoces, and tentatively ap- s proved by EPA Administrator William D. Ruckelshaus. . - ' Targeted under the proposed ban would be asbestos used in cement pipe, saturated rcoEr.g felt., uasaturated cooling "'ielt, floor backing, and floor-backing attached to-vinyl .-; -. .. sheeting, according to Edward A. Klein,-director of OTS' chemical control division. Klein said asbestos substitutes '' '. . exist in each of the Eve categories, which account for about .. . ' .half of the asbestos used in the United States. . - : -. . ` ` The ban and production cap would he proposed under j Section 6 of the Toxic Substances Control Act. under which '. EPA can control hazardous substances, TSCA is the best law -. for controlling all asbestos uses,- Klein said^-because- it . -'-.covers ail chemical production, use, and disposal..white;` ` other laws only deal with one aspect of exposure--:_>______ - While the products account for little or no consumer ' I- - exposure, Klein said worker exposure continues during as* ' -; - ' bestos mining, product- manufacture and installation, and . . disposal. -- - - Caps would be applied for other categories of asbestos use, such as electrical products, plastics, paints,'and textiles. . The caps would limit the volume of asbestos used in each ' ' ' category, and would be lowered over time. Details of the production caps have not been worked out, 'according to - Kirin, and that proposal is expected to follow the ban -. proposal ' ' ' ' - .~r - Ageccy oScials said that while the concept of banning some asbestos uses end limiting others'-was approved by Ruckelshaus, the proposals would not be completed until ' sometime in 1984. .EPA's intent to pursue the ban and production caps was ' announced July 27 by Don R. day. EPA's acting assistant ' administrator for pesticides and toxic substances during hearings before the Senate Environment and Public Works Subcommittee on Toxic Substances and Environmental Oversight- - - Other Asbestos Action -* ` In addition to drawing up the control act, OTS is surveying public buildings to determine the nature and extent of friable asbestos. In May 1982, the agency issued a rule requiring all primary and secondary schools to inspect for friable asbestos (Current Report, May 28,1S82, p. 317). In July, the agency also joined an asbestos task force of oS rials from the Consumer Product Safety Commission and the Occupational Safety and Health Administration (July 15. p. 513). .. - EPA also issued a reporting rule in 1982 requiring manu* lecturers and processors to provide data on commercial and industrial uses of asbestos (July 30, 1932. p. 556). At that time, the agency suggested it might negotiate voluntary limits to employee and environmental exposure. - 1 | ! ] < W CHEMICAL REGULATION REPORT B-5-C3 . D 00227 VoI. 4, No. 4 August 1983 This news bulletin is intended to. inform all persons concerned with the Toxic Substances Control Act (TSCAI about recent developments and near-term plans. For further information or to request copies of documents mentioned, write the TSCA Assistance Office (TAP), (TS-799) EPA. Washington. D.C. 20460, or call toll-free 300-424-9065 or. in Washington, D.C.. or from outside the continental United States. (202) 554-1404. REGULATORY & REQUIRED ACTIONS TESTING OF CHEMICAL SUBSTANCES AND MIXTURES... SECTION 4 Section 4 of TSCA gives SPA authority to require manu facturers or processors of chemicals to test the toxic ef fects of a designated substance. To require testing SPA must find that the chemical may present an unreasona ble risk; that there are insufficient data available with which to perform a reasoned risk assessment; and that testing is necessary to generate such data. A test rate may also be based on an EPA finding of substantia! pro duction and exposure to humans or the environment, in addition to findings of insufficient data and,need for testing. Under section 4{eJ an interagency Testing Committee t!TC) v/as established to recommend chemicals to EPA lor priority consideration. The ITC can designate up to SO chemicals or categories of chemicals for testing and EPA must respond within one year by starting rulemak ing under section 4 or giving reasons for not doing so. Section 4(f) TSCA requires EPA within 180 days after re ceipt of test data or other information that indicates a chemical substance or mixture may pose a significant risk of serious or widespread harm to human beings from cancer, gene mutations or birth detects to: a) initi ate appropriate action under sections S. $. or 7 of'TSCA or b) publish a notice saying why the risk is not unrea sonable. The 180-day review may be extended for up to 90 additional days for good cause. Section 4 Rule Proposed for MO On July S. 1933 EPA proposed a section 4 rule to require manufacturers and processors of mesityl oxide IMO] to test the chemical for various health effects (43 FR 30699). The tests proposed to be required involve chronic toxic ity (with an emphasis on blood disorders) and mutage nicity. If positive results are obtained in the mutagenic ity tests, then EPA pro poses that MO also be tested for oncogenicity. In the July S, 1983 notice, EPA responded to the June 1, 1979 ITC designation of MO for priority testing consideration including carcinogenicity, muta genicity. teratogenicity, other chronic health effects and epidemiology studies. The proposed rule does not include an epidemiology study because EPA believes that no end point has been sufficiently well-defined to make an epidemiology study worthwhile at this time. EPA also did not propose that MO be tested for teratogenicity because there is no evi dence to suggest the chemical produces teratogenic effects. Persons wishing to submit oral or written comments on this proposed rule should call or write the TAO for full details. EPA will hold a public meeting on the proposed rule on September 19. 1983, in Washington, D.C., if there is public interest in doing so. ' 4,4'-MethyIenedianiline Under Accelerated Review On July 11. 1933 (48 FR 31808) EPA said it is not initiat ing rulemaking at this time under section 4(a) to require health effects testing of 4,4`-methylenedianilir,e be cause it received data from a recent study that show the chemical to be a carcinogen in both rats and mie& The data EPA received are from a recently completed Na tional Toxicology Program (NTP) 2-year carcinogenicity study. Based on the NTP data. EPA. under section 4(f) At o ms 1 D 002208 ,.*83-0480 Mentor* 28. chemically neutralized^ ___ distillate . _ 64742230-9 Summary interim results from an ongoing chronic skin painting study CSi-Confidential business information S at the end of Log Number means a sanitized version is available. N.8.: Alt lociclty. oncoa-^iciry. ttmofiMleirr anrf muUQtmclty hvelv# tnimjll ttntm ethtMist Addition^ Ddl {a,^ t#Cl*ri*l c*0) *r* notid or ar Include In xho l*rm "bonfy.~ SUPPORT ACTIVITY OTS Seeks MMT Information The Office of Toxic Substances (OTS) is seeking infor mation from the public about methylcyclopentadienyi manganesa tricarbonyl (MMT) (CAS 12103-13-3) for a Chemical Hazard Information Profile (CHIP), which it is developing. A CHIP is a brief summary of readily available informa tion concerning the health and environmental effects and potential exposure to a chemical. CHIP candidates are chosen on the basis of information indicating a po tential for adverse health or environmental effects along with evidence of significant production or some type of exposure. When OTS searches the literature in preparing a CHIP it generally limits the search to automated data bases and reference works. But OTS encourages individuals and firms to submit unpublished or recently published re ports, and all other hard-to-obtain studies on the chem ical selected for the CHIP. Relevant MMT studies from the public could include data on health effects, environ mental effects, commercial production and uses, ex posed populations, environmental levels, or any other material that can aid in the assessment of the chemi cal's impact on health or the environment. OTS is also interested in knowing of current MMT testing or assess ment activities by other organizations. information about MMT should be immediately sent to: TSCA Document Control Officer TS--793 Attn: T. O'Bryan Washington, D.C. 20460 The TAO continues to offer to notify individuals and or ganizations by letter every time OTS starts a new CHIP. Persons who think they can aid the CHIP gathering process will have their names added to the list if they contact the TAO. All information submitted in response to the solicitations will be placed in a public file and made available for public inspection, unless the submit ter is able to assert a claim of confidentiality in accord ance with the provisions of section 14 of TSCA. EPA will handle all confidentiality claims in accordance with its procedures governing the confidentiality of business informrtion (40 CFR Part 2 Subpart B). The TAO is now distributing copies of the following recently completed CHIPs: Tetrabromoethane Mercaptobenzothiazolo disulfide Acetaldehyde 2-Chloronitro benzene 4-Chloronitrobenzens 2,4-Oiaminoazobenzene 79-27-6 120-73-5 75-07-0 83-73-3 100-00-5 485-54-5: 532--82--1 OTS encourages comment on the accuracy and thoroughness of information presented in its CHIPs. '1 L/ EPA Plans Asbestos Actions .Under TSCA, EPA plans in 1S84 to propose a rule banning certain asbestos product categories and that would establish a staged production cap on all re maining asbestos uses. This information was given to a U.S. Senate subcom mittee, on July 27, 1983, by Don R. Clay, Acting Assist ant Administrator, Office of Pesticides and Toxic Sub stances. A TSCA production cap on remaining asbestos uses may start either as a proposed rule or as an ad vance notice of proposed rulemaking. Clay said. The members of the Toxic Substances and Environ mental Oversight subcommittee were also told that tha Office of Toxic Substances (OTS) will soon begin to is sue risk management advisories (RMAs) on existing chemicals. These nonregulatory advisories will focus on specific problems with existinc^substances "and will ba used to encourage meaningful precautions." Clay said. The RMAs will not be a substitute for rulemaking but sometimes will be issued in connection with rule making activities, the Senators were told. "One of the major objectives in the TSCA program dur ing the last two years was to get the existing chemicals program off the ground." Clay said. An Existing Chemi cals-Task Force is now in place and has reviewed 60 substances. Five of these chemicals have moved into regulatory development and about 40 are targeted for further analysis. For new chemicals, the premanufacturing notice rule (PMN) was postponed until September 10, 1933 to re spond to a petition by The Chemical Manufacturers As sociation and the Society of the Plastics Industry, Clay told the subcommittee. EPA will publish a clarification notice before that date. ' . A new chemicals Advisory Circular system will summa rize actions of specific categories of new chemicals or describe specific PMN actions. "These circulars will publicly advertise situations where EPA will likely need more data in reviewing a PMN and ss such will promote early submission of such data," Clay said. Other future TSCA new chemicals action wilt be in bio technology. "Biotechnology has until very recently been a laboratory-scale phenomenon; however, com mercial uses potentially subject to TSCA regulations are - 10 D 002209