Document NbmO0Rq651841dRKDRwZkDRb

EXHIBIT : fi-AWfr re. r- f * .e...*.... . * * * V T-! REPORT OR MEETING OF A.I.A* SUBCOMMITTEE ON E.P.A. PROPOSED REGULATIONS ON EMISSION OF ASBESTOS '- j ~; CLEVELAND, OHIO DECEMBER 22,.1971 V. * _ TO: P.S. Bettoli - S.B.B. C.F. Bien - Linden LS. Clement * New Tork A^wA. Darrell - New Tork L.J. Faneuf - New Tork R.P. Fraser - New Tork J.G. Hall - New Tork H.J. Holloway - Linden W.R. Holt - Erie I.E. Matthews - Vermont R. Van Buren - New Tork P. Weiner - New Tork R.J. Wilcox - New Tork FROM: W.H. Page - Joliet 01-0217998 PERSONNEL ATTENDING: Edmund Fenner Isaac Weaver Ivan Sabourln S.A. Saverland Fred Pundsack - .7 George Wright, H.D.. - Frank Zimmerman . *t.H. Davison, M.D. -r *. H.M. Jackson - * . W. Robert Bolt - . *C *'. \ . . . * . . ''v--~ Wayne H. Pig# - Director Environmental Control Johns-Manville Denver Director Environmental Control Raybestos-Manhattan Mannheim, Pennsylvania Legal Adviser * Johns-Manville St. Johns, Quebec Manager, Pollution Control Panacon Corporation Cincinnati, Ohio Vice President -- - .. _ Research U Development Johns-Manville . - . Manvllle, New Jersey ' . ' * Head, Medical Research Div. : St. Luke's Hospital*. . ^Cle--vre_ l.a. n_d. ,*. .Oh. io ; i .* Director of Safety*:-.::'...,., * National* Gypsum.Company. Buffalo', New York . -v -*** -- . Corporate Medical'Director. T** -v "/ Johns-Manville . Waukegan, Illinois ' ................. Director, Employee Relations Johns-Manvllie New York, New York Plant Manager GAP Corporation Erie, Pennsylvania Regional Manufacturing Manager ' GAF Corporation Box # 798 '' Joliet, Illinois _ * V 01--021799V CRITICAL DATES: December 29, 1971 Meeting A.I.A. to decide action on proposed regulation. --January 3, 1972 January 17 y 1972 yFebruary 1, 1972 Submit names of vitnesses to testify at hearings. (15 days before hearing) .--January 8, 1972 oJanuary 22, 1972 XFebruary 8, 1972 Must submit five copies of testimony to be given at hearings. January 18, 1972 Hearing in New York . February 1, 1972 Hearing in Kansas City , . X February 15, 1972 Hearing in Los Angeles January 4, 1972>*-;^-' - Johns-Manville Group to -> rreview their., testimony.' ' .... ..r-r 4* .-* *,*. - March. 5, 1972' \ . *" v/' ' - *" ' E.P.A. accept written comments-^v until this. date. ^ - '. 7- . if" . * ' " - .. JST -- . >.* ...j? . r.' . --...----- --- . ------- ---- ................** *'- -- ~ ~ ' - * > . r . '* * -- *. * -- I* :ss.v " - -- : . - . 01*0218000 The meeting was held to review proposed emission standards and to determine if any objections should be made. It was the consensus of the group that it was best to take the position that sons controls were needed; that the group was willing to cooperate in this important area, vhere the proposed standards were practical and feasible and that the economic conditions permitted compliance; that on the points where we differ a statement as to why and to propose a constructive alternative with reasons why the alternate is better. Suggested changes were: 61.09- That the 30-day period be changed to 90 days to provide time for administration. 61.20 61.22, (a), (3) 61.22, (f) GAP requested that the reference to surfacing of roads be deleted. This applies only to GAP. The committee said that Dr. Selikoff ' had made specific statements - that this was very detrimental ; and doubted if B.P.A. would delete it. It is felt that this item ' . can .be corrected, but only at considerable coit.to CAfr' ` point should be-covered.by GAP.*; 6i;2if (h) Be changed to read essentially,.* . Particulate matter means. any.; . __- asbestos containing material others, than uncombined water .....................-- Visible emission means................for this subpart any asbestos fiber emission................... . 61.22, (c), (1) Be changed as follows. - In direct forced gas stream containing particulate matter resulting from manufacturing or fabricating operations, these shall not be any visible emissions, '* * Mr. Bettoli has suggested that we propose a constructive - - . ` alternative and X feel that this is an excellent suggestion. X. would suggest that some wording such as mine roads > surfaced with asbestos tailings shall be treated with* ' ' .- water and/or chemical agents'to control visible emissions t5-* ^ -for* vehicle traffic. - - - - --............... . _ ... . 01-02i800i 'r 2*L'.L - Discussion of other areas Included: 61.13 The secrecy aspect of process data. It was stated that this was common terminology and that it was felt that if data was classified confidential, past experience indicated it would not be disclosed. 61.22, (b). (1) It was felt that Jlf and GAF should indicate that technology for eliminating visible emissions from tailing dumps had not been developed and that there is not any indication that this problem can be readily resolved. A maximum waiver would have to be requested. - The committee questioned if this .. reference would be eliminated by E.P.A. GAF would also have to devise technology to eliminate * wind blown dust from discharge of conveyors onto pile.' * ?.T.v t^culttlike.tovjpoint idu&'tfiatJ.T - : ^ Canadian emission standards..continuWr^^r^.iiiL: - vito.be less restrictive., -it' .places . GAF and .other u.SV firms in an fV*.'.. - unfair competitive situation. `' '"'` ~ Xt-was the' consensus . of the group '.that they would not oppose the bam->:'X; -on spraying of asbestos on. buildings " or* structures as fireproofing. It * was felt that the use of sprayed ...asbestos on boilers, etc., was permitted under 61.22, (e), (2), (3). .. GAF is also affected in another area * by this same paragraph, which is the ___ wet rock storage pile and for which r--feasible technology is not presently \ available. This matter should be * further discussed to review the *.. - possible solutions, : - .... rm .tp * 01_OZlBo:r' Discussion of Testimony: It vts the consensus of the group and Ur. fanner is to recommend to A.I.A. that this organization monitor all the hearings and that A.I.A. testify at the Los Angeles hearing as a sort of rebuttal for any testimony prejudicial to our case which vas presented in New York or Kansas City. Johns-Manvllle plans to testify at the New York hearing and a rough outline of their testimony is attached. It was suggested that rrther -eompiTUrn could pimply nljle TflMy seas Tnjnjnitl with the* ^ Manville imfll tl frn ^r~hn yetfir^Trrtinn-Minvl lie" fitness t< !y they represei ewy ftnwpany 'tew requesting, It was liiggennui thnt Johns-Hanville could present economic testimony and that Dr. Wright and Dr. HacDonald w_oiild-pieasnt the health aspects. I feel tail! the e1 are n wise t avoid ___ vital to our ope lally on the" " lem, and nes who It may be tion to on GAF,is^ The proposed emission standards will: affect the' `W'!?'*7*' Vermont Mine, the Floor Tile Plants at Vails Gate, V Joliet, Houston, .and Long Beach, Erie 16th Street*, * Whitehall, the Mineral Fiber Plants at Bound Brooke Mobile, and St. Louis. The Building Products Plants":producing paints and plastics, Joliet,. Erie, Kansas City, mills, Baltimore, Mobile, Minneapolis, : So. Bound Brook, and plants processing asbestos felt, Joliet, Erie, Mobile, and proposed installations at Kansas City and Mlllis, will be affected. In general, any operation which produces a visible emission of asbestos containing particulates must be ducted to a bag filter, with certain filter media. A specified, unless there is a change in the regulation, it will also mean that any forced gas stream vould also have to be filtered or proof offered that the emission vas less than it vould be if it were filtered. Several other areas of concern vould be the fact that ve have a fairly tight timetable: December 7, 1971 Preliminary regulation published. June 7, 1972 Final regulation to be published. September 7, 1972 gust be in compliance or have requested a tvo-year vaiver." - September 7, 1974 Final date of compliance. This means that a major engineering effort must be expended to determine the best technological means - of resolving the emission problems confronting the ** various plants. The cost of compliance for the . corporation vlll be quite high. Mr. llatthevs has . ; estimated the cost of complying at $250,000 vlthout the tailing dump and roadvays. I feel that this is . very conservative and for us to bring the interior '- - of the plants into compliance with current. Standards of five fibers7 per mililiter. - -- ------ * . ; I vould estimate that the" total cost at the other* " plant* might be in the area of $500,000. .X ^ '^ It is very important' that ve obtain some test data' as soon as possible using the same memhane filter . * : i as used by K.P.A. and O.S^H.A. " * Johns-Manville made a statement that the air from a bag filter properly maintained vas 0.5 filter per mililiter. ` ' .. .* .. -S 4* * . Q1-Q21800H December 22, 1971 OUTLINE JM TESTIMONY Prepare testimony along lines given in Chicago. J.B. Jobe gives this testimony 1. Recognize need lor controls; 2. Discuss economics of industry in U.S.A*; a. Value of goods used - mining industry . - mfg. industry * b. Value of goods produced - mining industry - - mfg. industry- . c. Number of people employed directly and payroll; ' .. d. Number of people employed indirectly and estimated payroll; 3. Discuss estimated cost of controls as required - : by proposed regulations; . * T` 4 Dr. George Wright gives this: testimony Place issue of health in perspective; a. Review background of health questions; . b. Review epidemiloglcal studies; . I* Knox-Poll studies; . .... ; . 2,. Newhouse studies; .... . * 3. Sllikoff studies; ; : ^ 4. MacDonald studies; r " -* 5..Other* - " : ^ c. Place isolated cases cited in medical literature in perspective; di Review`animal studies; , L. W. Smith, .; 2. M. Stanton, NIH ' 3. Gross - . 4. Others . ^ . v' .* ^ r*. . _ 5. Address remaining testimony to specific points of . v ,, proposed control regulations. On those points. Ed Fenner ' which we differ, state why and propose a gives this . constructive alternative with reasons alternative testimony is better. Corbett MacDonald could be invited as an independent witness . -V-. 9-'t. 'r* * *>%v' -02l80fXj6 oi . ' <( Sr - .V - '; * '-v V' Recooaendations 1. That GAP testify at the New York hearing and that the.naae of person to testify, probably Mr. Fraser, be subaitted by December 29th. , 2. That the testlaony be prepared as well as suggested wordings for 61.20, 61.22 (a), (3), 61.22 tf), 61.22 (b), (1), 61.22 <c) ( (1>. 3. That our testlaony be coordinated with Johns ICanville to avoid repetition. 4. That test data using aeabrane filter be obtained at once in all our plants. 5 That engineering be started at once to design filter Installations for our plants. 6. pr. Pundsack testify on following items: . a. Build-up of fiber concentration In air; b. Fiber dynamics in air; c. Consumption of fiber and changes in recent years; d. Explain that fiber is not indestructible; e. Asbestos gets in air from earth's surface. Serpintine is widely distributed. 01-0218007 Twfro the n'V-.'w 'JT repV.rj. iinti re* Hazardous Moteriols Regulations emitted to the ambient a.r. nuy on the prescribed |71A form with Board or conenhuto to. an Berra.*.* in mertatin '* oopy*thereof placed la uw tocumourv or an increase m serious irrevvrubie. m *h> - l 4 CFR Fort 173 3 ineapaettatiof rcrcrsihle. mnrv<: and. ti . 4. At paints where the crew of one (Docket tee. KSf-H; KoUC* No. n-at so. (2> wliat standards should be adoptee canter take* over control nut operation of a ntt*thrau-h or taut tram from the ere* et another earner, pin must bo Inspected to deteruune matin cab contains the p fora, brake pipe lc.u&s3 ft pounds Pr mcaise. a apply and rtlra?o on t the loco* ^ fua er.eced brakes _ r from 20-pouad semee brok , pres? ore re* A"***~* If the loco cab does not contain the Pprnbfl am. the train most be the present ar.mWmente _(a>-<h> mrdtAoctrd WO Wltft ! 232.12 -di>) ittican laaoa '."-ii-xnjr hcsrrns. al* bill con* at to %U on 8332^a*sif Stmt 8Wh TtANSFORTATtON OF HAZARDOUS MATERIALS Oats t Fropoilan* Explosives In Fiber Drums; Node# of Extension of Time to Fife Comments On November A 1991. the Hazardous Materials Retulaua&s Beard pup&hed Docket No. HM-93; Notice No. 71-21 (39 TJL 213C0). Class B Propellant Exnio* sires la Fiber Drums. In resiwnse to a petition filed in accordance with 49 CFR f 170.2ft, the Board has extended the pe* nod for comments on UUs nouco of pro* posed rule making from January 4.1973 to February S3, 1973. Tliis extension is made under the su* tbonty of sections 132^33 of title IS, United States Code, end section 9 of the Department of Transportation Act (49 U.&C.1697). to regulate emission* of such pollutants. The Administrator is required, under see* tten 113. to establish standards at the level which to his judgment provides er. aapit margin of safety to protect tha public health from any hazardous an pollutant, unlesa. on the beats of infer* maneo presented at the hearings; he finds that such poUutant dearly ie not a hazardous air pottutaaft. Accordtoahr. rarticiPfint* tn the hesnws aro re* QM-.-.:te,i_ioJ(Utyiy iugKflciur.; the por^l-thclr nrtbcnLciion.*. :L nnr. di* rertrd.Jo tlie t?.,ue o?1ihether the nol* LgLggsa^ilji or n rothn^rtoua pqilutent._9S^c:medinaeetBa U3a><l) oftfTc Act. --- - T^r* William H. Mesomdl hereby is deaignated Presidingofficer Sot the hear* togs. Be will have tha rrirmniltinitr foe maintaining order; eadoffia* meievant or repetitions material: *>***4,t<*ng pete* entatianK and. to the attest prasibte. lngtcet, DC. Issued to Washington, DJC+en'. notifying porttetpanta off tha at The an informal' aadwtUbec ddeted in accordance * 49 CFR 211 b? a representative deal sated by 'Administrator. The lies: er 13. 1971. Auur I. Rostra, t Sccrttart. Hazardous ttatcrutfa Rtyulotions Bom*. which they may appear. The win be conducted informally. Technical rules of evidence wui not apply. Persona wishing to mate a rent toff viB be a nonadvemry proceeding sad. therefore, them will be no crc^s*' I DOC.71-293S7 FU* 29*19.71:9:4?m) at a hearing are leqaeriod to file a notice of such tounticn not later thesis dan examtotrioa of persona pnfcstin* state* meats. The representatives of the prior to the appropriate teattgaSSCaot later than id days prior to the eppro- mlalsirator will make an opening stated meal outlining the scope of the hearing. Oral statements should bighllzht and summame topics discussed and written iOi'.'jEIITAL FRGTECUSU MEET Priate haring, u practtctele. to snbmtt five copies of the propeeed statement to the Administrator of tbo Enriionmcntal Protectteo Ageoey. Attention: Presiding rrmmmti filed pcrr.am to Ute notlre published in the October SO. 1971, isvoo of the FEozxax. HccxsTca, and should ( 40 CFR Port 41 I NATIONAL EMISSION STANDARDS Officer, Baaardout Tuil nhai Btandards Hearings, Ba. 17-70, ftggg Fishers Una. Rockville. Md.20fta. _ ^ loess span the contents of that notice!. FOE HAZARDOUS AIS POLLUTANTS Dated: Dcccmbm II. 19TL ; ~ After a& tefcial statements hare been, completed, those- perrons who with to make brief rebuttal statements dll be given.the opportunity.to do so in the tame order to. which they made their initial statements. Additional procedures. FECERAL COSnCATlOIS ;If necessary, lor the conduct of U-j- U^rj* tor will bn announced at the hearing. Interested persons era invited to at a:-* Ne6c of Fvbtic Hearings 'v- Beetled 112<b) u> ffir of the Gena Air Aet M amended be PubUe low 99-994; directs the Administrator of the Bnironmehtai Proux;Uan Asene? to pnbfirh prope.'rd rextdotions &i:-.bliHng cm*s* rion rtandsnis for hazardots air pottutants lopctlicr, with a ncUw of pohUe i..XhAianDiThuusaies, *' Admieisfigtor,* ' tntPBe.79*iaagasdto ttghtitt*m\fe. .C0228S88?,.-i': tend the bearinc and to prefect oral statements on* the nutters torriird in hrerlQc. 'Such regulation* for tshotoo. beryllium- und mercury were proooaed in 147 CFR Ports t 21* T, 37, 99, this prtcecawg. There stotcmcou will the December 7. 1971, lcue of the Fed* 9T* 991 . .. be otftda a pars of the public docket of aasa Rxemra at parc*?.39. (Docket n*. isstij ' the notice. ... * All coamunicaUoru confcmine the hearing and nr-Mee *hootd be e^Jrr^cd to the D>:kct Ctcrk. OSce of lt*:::rtri and Frcccedin;*. Federal Rmlrard M rainjNtraticei, AttrrUon: Dst-Ixs PB-ft. 409 Fevcnth Street 3W, Wn.ditoH ton. DC 30339. Notice is bsrsi>y givt-n of public l^ar* tS9 ctetcerami; ti pror^-rc ha.mxtious cmissiui stamiard* to held ns the fol* iowin^ (later. tirau *u*l ptnem: iomvarj IS. 1072. linr!n* *t lift m. ** t, UA. ctuuimv Court fiui'iUce. Cjuiuv.hi Nu. 2, ;:oom tct.l F.tU::.J i lUr* T\ ~A, NY: DIGITAL MODULATION TECHNIQUES IN MICROWAVE RADIO Notice of Inquiry; Extension of Time for Filing Comments Zn U.e matter of inquiry Into the we of digital umduliuton teclmtques ta micro* This notice in isns*d under tlu* auth' F#r*rswrr I. 1072. b*-*;j:nlii*? M 10 wau eat, wuve radio, the detirablitiy of impinaing ity of section p. title *5, Uni'vd .sw.i/j Code, and secnen 3UB1 of tt*e rrrai.i (tons of the : ej<*ral Railroad Aduiui totroaca9cnizil.31>. Pat>ifaiflXJhav;toa. iJJ?n u; Pv< ber 10.199ft. ` ... Jons W. Iseasss. '. * . . ' Adi*iitrttier. t>: UMtorti Miflti::;*. j>-m r: >. 27V Pal* ttnyn* Xnua-- Cry. tun V'r>t^ry IS. iJt*. U lOl.l.-4 14 % m* p* ;. VA <*. it>w<4i. SIS KMlh yprtnc a*v*-t. Lus Ar.-Tvu-'-.CA. TJc^ tv^irini** are intended to provide opportunity tot interested persona to state their vices or amumema or to po* vide iuformaitou a* to: a) Whether as* rr.-l rtetiena on the uxe of such terimtqucs. and tiie posstbln amendment of Parts X 31, 81. 87. 89. 91. and 0* of the Comrals- uton's rules and recataUons cetativn thereto Ordrr. l. on September IX 1971, the Cummtrsiun t*lea>cd a notice of tpqqiiy to this m^'Yting (PCC 71-PtOi deug* null.. November 1ft and December Iff. t . (TS Deafl-MBf RW I8-Un:t;4ff tmll bertos, beryUltan. or tneremy, when 1971, sa dates lor fifing comments and - T7*~7r ftscKAt ricmti. voi. as, no. im--tHuaspav, mcwiii is, \tn 01-0218008