Document MG1rLZG3evBL990ybj0qm4qQj

UNION CARBIDE CORPORATION . METALS DIVISION P. I. BOX 579 . NIAGARA FALLS, N.Y. 14302 TEL: 716-278-3376 Mr. E. L. Aasen Head of Corporate Purchasing Georgia-Pacific Corporation 900 S.W. Fifth Avenue Portland, OR 97204 Dear Mr. Aasen: This is in response to your request to Mr. R. E. Byrne, Jr. for information on recent actions by the Consumer Product Safety Commission regarding the use of asbestos in spackling compounds. On July 15, 1976, National Resources Defense Council, Inc. petitioned the CPSC to ban consumer taping, spackling and joint sealing compounds containing asbestos as haz ardous substances. After considerable review, and several meetings, the Commission voted on April 28, 1977 that this petition should be granted. At the meeting, however, the Commission split 2-2 on whether to move via the proposal and hearing procedure under the Consumer Product Safety Act or implement an immediate ban under the Toxic Substances Control Act. On May 2, 1977, the fifth Commissioner, Lawrence M. Kushner who was not present at the April 28 meeting, voted for the CPSC hearing route and this procedure is now in progress. In this approach the CPSC will pub lish a proposed regulation. There will be a time for written comments and a public hearing where testimony can be presented. It is expected that this process will take at least six months. Since the Commission has already voted in favor of the ban the burden of proof is on those who oppose this position. Union Carbide does not believe that such a ban is appropriate and plans to present this case at the hearings. It is also important to realize that the CPSC only has the power to regulate the manufacture, distribution and sale of products which present "unreasonable risks of injury" to the consuming public. A "consumer prod uct" is defined as "any product, or component part, which affects inter state commerce and is customarily produced or distributed for sale (1) to a consumer for use in or around a household or residence, or (2) for the personal use, consumption, or enjoyment of a_ consumer.. The CPSC does not have jurisdiction over products which are manu factured and sold for commercial use. The impact of any ban or restriction that may be promulgated would depend on an interpretation as to whether the 5 gallon pail or 25 lb. bag (dry compound) that are used to package product for'commercial users falls under the definition of "customarily produced or distributed for sale (1) to a consumer". It is our understanding that such SGP 0021264