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FILE NAME Talc TALC DATE 1973 DOC TALC122 DOCUMENT DESCRIPTION US Senate Hearings on Toxic Substances Control Act of 1973 TOXIC SUBSTANCES CONTROL ACT OF 1973 HEARINGS BEFORE THE ENVIRONMENT SUBCOMMITTEE OF THE COMMITTEE ON COMMERCE- UNITED STATES SENATE NINETY CONGRESS FIRST SESSION ON S. 426 andAmendmen1 ts and 9 S. 888 TO BE KNOWN AS THE TOXIC SUBSTANCES CONTROL ACT OF 1973 FEBRUARY 23 26 AND MARCH 21 1973 Serial No. 93 18 Printed for the use of the Committee on Commerce . 94-872 as U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1978 IV Yost Dr. Kenneth J. Institute for Environmental Health Purdue Uni- versity Lafayette Ind and Dr. William Fulkerson Oak Ridge National Page Laboratory Oak Ridge National ADDITIONAL ARTICLES LETTERS AND STATEMENTS Albertson Dr. Clarence E. letter of March 27 1973Asbestos Contamination of Parenteral Drugs article Asbestos and You article___ Bull J. D. division manager The Epcon Co. letter of February Clayton Jacob administrative director Industrial Union , Department AFL letter of April 12 1973 Di Luzio Dr. Nicholas R. professor and Department chairman Department of Physi ology ment Tulane University School of Medicine New Orleans La state- Dr. Du Pont E. I. de Nemours & Co. statement__ Fike Golz Elmer A. president Harold of Fike Chemicals Inc. statement_ 1973 H. American Petroleum Institute letter of March Paul Graham Paul R. letter of April 17 1973 Gunder Roger W. vice chairman and chief Chemical Co. statement___ Joselow Dr. Morris M. associate professor community health College of Medicine and letter of March 23 1973_ executive oficer preventive medicine and Dentistry of New Jersey M.R.C.P.E. Administration Lewis Dr. George P. B. Sc Boston Veterans Pharmacology M.R.C.P.E. M.R.C.P.E. Clinical Pharmacology Section Matthews William H. DepartmentHoosfpiCtivaill letter of February 20 1973- Engineering Massachusetts Institute of Technology statement-- McGee Zell G. letter of March 24 1973- - McIntire Clifford G. legislative director American Farm Bureau tion letter of March 16 1973 Stevenson Environmental National Association of Printing Ink Manufacturers statement National Canners Association statement Nixon Dr. Alan C. president American Chemical Phillips William L. director Bureau of . more County Department of Health letter of December Services Balti- Rodgers William H. Jr. letter of March 27 1973 4 1973 Selikoff Dr. Irving J., professor Mount Sinai School of Medicine City University of New York letter of April 27 1973 Sherrill Robert article in the New York Times Shorey Joan Concern Inc. statement__ Smith James R. president The American letter of March 28 Waterways 1973__ Operators Stephenson C. P. secretary United Pesticide tributors Association Inc. letter of February 21 1973 1973 Hon Adlai E. III U.S. Senator from Illinois letter of May 4 | TOXIC SUBSTANCES CONTROL ACT OF 1973 FRIDAY FEBRUARY 23 1973 U.S. SENATE COMMITTEE ON COMMERCE SUBCOM IT E SUBCOMMITTEE ON THE ENVIRONMENT Washington D.C. The subcommittee met at 10 a.m. in room 5110 New Senate Office Building Hon John V. Tunney presiding OPENING STATEMENT BY SENATOR TUNNEY This morning Senator TUNNEY This morning the Subcommittee on the Environ- begins ment begins Subcomite Subcomite toxic the under 3 days of hearings designed control designed consideration was substances substances join with pleased Comerce Com erce with Senator distinguished chairman of the Committee on Commerce , distinguished chairman Senator Hart introducing and the distinguished chairman of this subcommittee Toxic in S. 426 entitled the Toxic Substances Control " administration adminstration bill Control Act pleased to have an administration bill In addition thre Indemnities 8t8hi8s before underunder this subcommittee legisla- been introduced dealing with : tion tion relationship The monitoring Environmental Protection Agenmocnyitoring monitoring Federal Environmental PestiPecstiiciddee Control Act ; 2 The Federal the Environmental Protection of Of ice Budget Management and and materials three amendments will also testimony The purpose of these hearings is to hear the con- testimonyof con- cerned environmental and public interest groups the the adminstration and the chemical industry concerning the of the legislation substance legislation will under consideration In addition we hear testimony testimony testimonytesimony feel Monday about two environmental contaminants which and will be present evidence of the candidates for regulation under this legislation Today scientists will the hazardous nature of asbestos Asbestos pervasiveness and example of material the with a myriad numbeorf uses and problems On Monday witnesses tesify deal of Although testify heavy metal cadmium Although a great indication hazards of the scientific work remains fully regulated cadmium serious tal hazard indication there is substantial that not care- environmen- may turn out to be a serious environmen- environmen- Staff members assigned to these hearings Leonard Bickwit Bickwit and Michael Brownlee 1 156 The words if you are not going to do any work which preceded words you might as well get your buckets and go home contradict finding that a reason other than refusal to work was the motivating force the assumed discharge Finally under the direct examination of his own counsel Applicant Earn Scott testified as follows Tr pp 247-48 Q *** Did there come a time that you were discharged or dischar . by the Smitty Baker Company A Yes sir Q When did that occur A April the 15th Q Of what year A 1971 " ThiTshis yyeeaarr Q Yes 4 discharged AQ wsihrat And was the reason you were discharged failing to bad A Well work under a roof Under cross examination the same witness testified that he refused to he was afraid of the roof.14 . because The spontaneous answers of Earnest Scott to the foregoing questions certainly persuasive that at least in his mind the reporting activities did motivate the alleged discharge but rather that such discharge was motiva to by his failure work because of fear of the roof.15 Arnold Scott's testimony under direct examination also by his own count was to the same effect that Applicants fear of the roof motivated the of their employment Tr p 314 dischi nation The Board assuming a therefore finds and concludes that the reason for the dischi and not a voluntary quit was because Applic discharge refused to in the belief that the roof was dangerous Further we work 1 of the mine opera from subsection A Actdoes not prohibit coal 110 from discharging miners by reason of the fact that they refuse to work only protected under that subsection is the reporting or ; activity instigatin reports of alleged violations or dangers to the Secretary . All Findings of Fact and Conclusions of Law in the Examiner's deci inconsistent with the views expressed in this Opinion are hereby expre rejected ORDER authority WHEREFORE pursuant the Operations Appeals by pursuant Secretary authority authority Interior HIEREBY ORDERED CFR Bo4.1 ard o,f ^'s 1 That the Examiner's Decision IS REVERSED and 2 The Application IS DENIED BOARD OF MINE OPERATIONS OPERATIONS APPEALS } C. E. ROGERS JR Chairman DAVID DOANE Member JAWES M. DAY Director 1|g Office of Hearings and ApApeapls eals and Ex officio Member of the Boar 14 Transcript page 272 reads in part as follows you By Mr. Patterson Q The day that you quit working there or the day that you were discharged ever you want to call it you didn't go to work any more go back to work where asked you or told you to because you considered that place too unsafe to work in to the next day AI offered day back " say the day that you didn't offer to go back back was because you considered the place unsafe too afraid of the Q And the thing that place And the thing that was unsafe was tthhe e danger " danger were afraid of wasn't it am I right about that " Right the reason to work of the roof didn't you didn't offor what falingfalling was what that a party is bound concluded frequently been stated in broad general terms concluded by his own testimony which is favorable to the adverse party unless has party view had testimony is later withdrawn explained or modified In particular taken in number of cases that if a party in his testimony makes a material state ; of fact negativing his right of action or defense and no testimony more favo or finding appears to contradict or modify it he is bound by it regardless of its credibility his opponent is entitled to hold him to it and even to demand a verdict nog ingly as a matter of law *** 30 Am Jur 2d Evidence & 1087 1967 157 The following information was referred to on p 112 ASBESTOS AND YOU By Barry I. Castleman and Albert J. Fritsch Center for Science in the * Public Interest Washington D.C. February 1973 ; Copyright 1973 Center for Science in the Public Interest No part of this publication may be reproduced by any means without the prior written permis- on of the authors ABSTRACT F Asbestos has become a widely used material in our industrial society over the last 100 years Unfortunately we have found that there are grave hazards Attendant upon its use Severe lung scarring which can lead to death from failure results from term heavy exposure asbestosis With the Hoart plementation of basic dust controls in asbestos processing plants it was hoped that the workers hazard would be eliminated However as asbestosis became a less severe problem a startling incidence of lung cancer and stomach ancer appeared among asbestos workers In the late 1950's an epidemic of an xtremely rare cancer was discovered and traced to environmental asbestos Exposure malignant mesothelioma As these diseases were associated with Nuccessively lower exposures the populations known to be at risk have Increased Even while this information was being published new and danger- DUR applications of asbestos were developed the worst of which was sprayed reproofing insulation This alone exposed millions of American construction workers to high concentrations of asbestos during the 1960's as well as neigh- bors and passers to a lesser extent It is now established that urban dwell- pr with no history of occupational exposure to asbestos have asbestos fibers And scarring in their lungs Whether this significantly increases their cancer Pak will not likely be known for decades due to the long latent periods of 3 diseases and the inability inability of past studies studies to define the rreessppoonnsse rela-rela- . diseases which Honship reduce and The is stimulate a greater awareness of asbestos eliminate these hazards hazards generate actions stimulate and At this time the many government agencies which should regulate uses of asbestos Labor Department's Occupational Safety and Health Adminis- Environmental ProtectionAgency and Food Comision Adminis-all ration HEW's Drug tration Interior's Bureau of Mines and the Federal Trade Commission are alling to take appropriately strong measures In many cases the hazards can be eliminated by substitution of less dangerous materials or reduced by imple- menting safer work practices ? ACKNOWLEDGMENT Dr. Dr. Jerome The authors gratefully acknowledge the contributions of Dr. Henry Wehman Dr. Jerome Gavis and Mrs. Donna PowersPowers in the preparparteipoanration of this docu- ment . bestos Friend or Foe . This report deals with the health and environmental effects of asbestos We Americans have shown far more skill and ingenuity in using asbestos in our consumer products than we have in safeguarding ourselves from this toxic unterial We know that asbestos is both useful and toxic but we don't have unterial low levels of environmental asbestos exposure Some response response information on There is evidence that asbestos exposure in combination with other hazardous Fubstances Fubstances carries severe risk of cancer Since surveillance techniques are pxtremely tedious or primitive no one has yet defined the concentrations and environment distribution distribution of asbestos particles within the EB We show great ingenuity in using asbestos in homes trains airplanes ships farms and factories Fortunately a part of the asbestos used is more or less lower of Hurless Hurless to the lower possibility erosion fibers sucsuchh iittemsems due possibility erosion of the from uses *** ceramic products and plastic and tile products However other are xtremely dangerous due to the fact that asbestos is not held tightly in the or are productproductproduct or on the aplied aplied surfacesurface ExampleExsamples are asbasebessttooss cloth rope paper applied and hisulation materials 170 ~ 170 asbestos groups and flaking The atmosphere of the working space can easily be contaminate by For other see Table III One unsuspected source of asbestos is in tales which contain varyin amounts of tremolite asbestos Tales are soft and can be reduced to small an ticle size they are cheap and are good thermal and electrical conductors like asbestos are resistant to attack by acids and bases These properti allow for a multiplicity of uses see Table IV ranging from fillers in scourin soaps to solid lubricants th Blejer 180 has called attention to the potential cancer hazard posed by th strong chemical similarity between tale and asbestos and has also written one of the authors that many mineralogists doubt if such a thing as an asbe free tale deposit exists This latter complication has so far prevented appearance of a study of cancer incidence of workers exposed to pure ta Talc miners who work with a tale containing about % tremolite risk deve oping a tale fibrosis similar to asbestosis and incur four times as much cance 43 of the lung and pleura as their counterparts in the general population 181 A few mineralogical analyses have been made on tales used in these man items A study by Schulz and Williams on 51 commercial tales indicated range of 0 to 82 tremolite with greater than trace amounts in 17 or on third 115 This alarming report beckons a thorough analysis of all uses tales Some of the area which requires immediate investigation should be talcum powders and vaginal deodorants Here large quantities of tale which could contain different amounts of asbestos can be easily administered primeprime cancer sites Among tale uses which should be strictly controlled include the use as lubri cants in the interior walls of balloons where children naturally inhale number exhale the air used to inflate the item Recent analyses of a limited tatt brand by the Food and Drug Administration revealed no asbestos in the However strict regulations on talc use are still needed with an active program surveillance ; . of surveilancerecently discovered serious contamination problem is in the area of coat imported from Italy which contain asbestos mixed with wool This detected because the coats were declared to contain asbestos in order to esca the wool duty Before the public was alerted in 1971 there was an estimate 100,000 coats sold to women in this country A measurement of air concentra tions near lightly brushed coats were 10,000 times more asbestos than norma background 132 ASBESTOS IN FOOD DRINKS AND DRUGS ; con Though asbestos is not directly added to human foods still it is able to taminate them through careless and thoughtless practices One such practice the polishing of rice by the use of tales Tale is also used as a dusting powde for salami and a polishing medium for peanuts 128 Merliss believes the By since much of the polished rice eventually is exported to Japan this might a reason why there is a very high incidence of stomach cancer in that countr 133 While this inference was highly questioned in recent months Merliss report eventually led the Food and Drug Administration to propose a ban containing tale as a polishing agent see Appendix 2 Be A use of asbestos which causes considerable worry is the use of asbesto filters for beer wine and hard liquors This allows for small fibers to washed into the final product and find their way into the stomachs of drink ers One of the authors spoke with the chief engineer at a Carling brewer and informed him of the hazardous potential of asbestos to workers and the public The company immediately procured a cellulose substitute from Grefco Incorporated which had also furnished the containing filter material Asbestos filter media are widely used in United States breweries and at this time a number of companies are switching to substitutes voluntarily in order to preempt government regulation and adverse publicity and The above experience supports the claim that the resistant properties and low cost of asbestos lead to widespread nonessential uses which can be readily Rep substituted and eliminated containing filters are also used by some manufacturers manufacturers of gin . resentatives of Seagrams one of whose products is Calvert gin maintain that ; asbestos has unique filtration properties and the comunny W soaking thre 171 Calvert gin than were present as background levels in the water from which it also in as made 183a proces ing Ee Asbestos filters are used processing fruitinclusive sugar table oils and the listing here is by no asbestosasbestos Nicholson and workers found E intramuscular asbestos flons used to intravenous intramuscular alarming particularly and This last form of therapy is particularly fruit lard and veg-veg- asbestos filters contaminate contaminate drug solu- intraperitoneal intraperitoneal injections 1386 in view of the fact that of mesothelioma peritoneum primeAdminstrationAdminstraptioanrtAdmiinstrcaiounlarly conducting said The it is analyses to development and Drug The Food and in detrmine entrained certain products trouble adapting asbestos asbestos determine if is in and However the FDA spokesman claims claims incapable and hosen techniques optical microscopy certain ray is products with asbestos their diffraction to perform the of detecting most of microscopy optical because alyses This is water water diffraction the tiny fibers and ray earlierasbestos researcher as Pemaining intact mentioned York demonstrated chrysotile A leading New asbestos asbestos but 2 methods won't work studying deliberate subterfuge of for them mission protectingrequires periodic periodic its stated FDA's contempt for mission depends upon the crystal structure will leach magnesium from has not only told FDA has also ssttuudyidngying problem of protecting demonstrated to death public health this claim shows the and potable drilling adition asbestos may E Asbestos cement pipe carrying adition be slowly eroded Analyse purposes tapping for maintenance In AnAnalyaseslyses are being undertaken to deter- pipes water by water flowing through these from these causes where this pipe mine the degree of contamination of water prohibited prohibited for metropolitan water from In cement pipe have better physi- Baltimore prestresed prestresed non asbestos because cast iron word word did did not travel far In neighboneigrhboriing ng Har- eal properties 133c However is supply carried in asbestos regulations regulations for the asbestos ford County 80 percent of the water The Environmental Agency has proposed Protection discharge of asbestos into waterways Conclusion and Recommendations contamination throughout the United States is widespread contamination of asbestos throughout simply unaware The widespread unaware of how known but has not material publicized gerous this toxic material material work few decades just which socially not been coupled contact great has shows The work of good research scientists over the . the causing potential of this material responsible education of the great mass of with asbestos is time that public interest sci- el izensbroadcast the simple proven truth and demand that unanswered ques- broadcast 3 of contamination and types of use by addressed flons cancer extent as to of death among asbestos workers today is lunglung The leadifnogrmcearulsye the leading cause of death of these workers ocupational decliningimprove- Asbestosis Asbestosis is that asbestosis is caused by relatively severe occupational The reason standards Mure characteristic charcteristic of 1940 asbestos plant conditions Continuous of adopted standards standards recently ments made since then and implementation the increased dramatical y dramaticaly dramticaly E should virtually eliminate asbestosis as an occupational dramatical y dramaticaly as E incidence of lung cancer in asbestos workers has increased have Hime insulators who smoke cigarettes 92 times asbestos ' The recent discovery that who neither handle a chance of developing lung cancer as men areas in asbestos asbestos great atributes attributes the areas Lung Be smoke is particularly alarming cancer urban atributes dwelers Hor and the National Academy of Sciences urban that dwelers urban numerous urban E hdiigfhfereans ceinlarrugreally atroeaasir pollution 134 It is also known to asbestos commonly dwellers have commonly have numerous numerous with no history of occupational Wehxapotsurroele do low levels of exposure asbestos smok- BE asbestos fibers in thceairncelrungpasrticularly among the millions of cigarette smok- 4 play in urban lung PPs Mesothelioma Mesothelioma is another major cause of death among asabsebsesttooss woworrkkeerrs s Others Mesothelioma receive mesothelioma also mostly level mostly in neighborhood and indirect occupational exposure to increased mortality from which occurs subjected Because it is caused by lower exposure wmoerskoetrhseliwoimtah hlaisghtbeecxopmoesutrhee disease of greatest concern to those who mostly study Gastrointestinal Gastrointestinal to health hazards of asbestos exposutrheree times as prevalent among asbestos cuicer is two common than in the general population might be considerably more and workers risks of other asbestos cancers asbestosis This for the competing of asbestos fibers in foods and not finding has grave implentions for the presence 173 Selikoff workers regularly estimated problem in the insuficient demonstrably insufficient workers 135 some to call asbestos U.S. RecentlyRecently adopted Labor to protect against asbestos asbestos containg nonoccupational nonoccupational nonoc upational Likewise it is not pos ible possible health use of environmental carcinogen Asbestos is one of the major dbeclyarationthe EEnvirnonmental vironmentalEnvironmental ProtectPirootnection Agency in proposed been this nal has not fortified as of implimpleementedmentimepdlemented regulations In Federal intermediate Register fact intermediate an intermediate , draft see 3 ened Appendix mesothelioma spring moment 1971. by Standards Dec.Dec. 7 1971 have not document was found to mortality origi- yet beenbeen be weak- advertisement necessary Among collaescbtievsasebetstososasbestos products Both collective and zero a demand a should be the not retard us distri- advertisemenatdvertisement distri- distri- action is fiber citzen asceteions individual sure to asbestos by July 1976 provide for all occupational expo- Appendix average b ) provide that all operated and have local exhaust venvtielantitonilation operated including tools for asbestos collections ; systems including fabric filter dust dust c require exceed the level of 2 ml tosconetraions concentrations of the use friable asbestos where materials excepexceptt where no substitutes can be in builbduiinlgding construction | found e implement strict control eliminate exposure asbestos _ eliminate indirect occupational ; shipyards use in shipyards in order to f inform all brake tective servicing clothing mechanics servicing mechanics tective exposed people asbestos ; clothing and others who are tse hazards and recommend safe practices g affix caution labels to all raw debris wearwear asbestos proasbestos inin their work of 4 debris haltother asbestos fibers containing products the use of asbestos in the making store product and remove these materials from the mixtures scrap waste ; ; ; shelves i discontinue the use of asbestos asbestosasbestos filter materials in ; the alcoholic preparation of 4 foods drugs and drinks stop the use of tale containing become fibers could amounts of asbestos in | any product where where airborne; k forbid the use of tale in fodsfoods and some ing vaginal deodorant sprays consumer products includ- 1 require public buildings which allow return air 14 with metal asbestos areas to have air plenums surfaced ductwork m require all buildings with exposed asbestos asbestos undergo renovation for removing or covering the sprayed ; ceiling surfaces to } n require adequate wetting to lay dust in demolition of buildings con- taining asbestos o prohibit the use of asbestos cement pipe in metropolitan water supply systems What can you do as an individual concerned citizen Now that you know that Asbestos is used in a multitude of products many of which are not labeled beware of any product which could conceivable contain friable asbestos fibers If you suspect that a product in a hardware store contains asbestos read the label ask the salesman and if necessary write to the manufacturer Ask your local hardware dealer to remove asbestos dust from the shelf Check pipe and boiler insulation in your home and see that the surface is not broken You can buy impregnated cloth to wrap the pipe insulation Replace torn ironingboard covers and buy them asbestos waste can otherwise find its way into the air via a municipal incinerator Likewise bury any imported coats purchased in 1970-71 which contains asbestos as indicated on b the label Make sure that your neighborhood elementary school no longer has asbestos powder for making puppets and masks Find out whether the building you work in has uncovered asbestos fireproofing in the recirculation air plenum or on ceilings Ask local breweries and distillers if they use asbestos filters If there is an asbestos mine mill or manufacturing plant near you find out what it discharges into the air and water Are carrying trucks covered with tarpaulins Before 1895 when Johnson and Johnson began talc manufacture babies available were commonly dusted with corn starch this safe substitute is still Don't and at fourth the cost of talc We recommend it use feminine hygiene sprays which contain talc Avoid dusted balloons rice prophylactics and chewing gum If you suspect a product write to the manufacturer- and let us know if you discover another use of asbestos While many of the applications of asbestos products cannot be judged at this moment due to lack of sufficient evidence of hazardous use still we should err on the side of prudence we should remove a suspected product until the manufacturer proves that the item is not harmful It is not the duty of the each and public interest scientist to prove whether every item is harmful or evidence safe The public has the right to demand this scientific from the man- ufacturers of the consumer products which will otherwise simply be means to further profits at the expense of the health and safety of the American people Economics should not be the major determinant as to whether to remove an containing product Building plans may have to be modified and construction increased but these construction and demolition costs increased are smallsmall when in com- pared to the risk of health involved The application of insulation in sheet or other solid form although less convenient than spray application still provides other solid insulation and fireproofing Furthermore asbestos sprays have been the American people to view asbestos as neither friend nor developed foe The far wiser position is to treat this potentially toxic materiablutwitthhe utmost respect and only use it where absolutely necessary If we did decrease time volume of asbestos mined and processed would undoubtedly but . is and life and health of many people would be prolonged improved the citizen makes his views known on this environmental pollutant REFERENCES 1. Speil Speil Speil S. and J. P. Leineweber Environ Res. 2 166166 1969 Interior of Interior Asbestos in Mineral Facts and Problems U.S. Dept. 235 1965 Bull No. 630 1965 235 132 N.Y. Acad Kiviluoto R. Ann Sci 17 " Asbestos 17 2 the Asbestos Manufacturing Industry 3a Kiviluoto of1935 Augst Hammond 1935 3b I. J. Selikoff and J. Churg Ann N. Y. Acad ScScii 181282 1965 519 4. Hunter D. The DisDieseaassesesDiseases of Occupation 4th Ed Boston Little Brown 1009-1027 1009-1027 1024 Co. 1969 & pp 1927 Brit American 5a , J. L. and Loan Institute Press Chicago 1970 pp 219-222 Savings 94-372-73-12 94-372-73-9-4-3712-732-12