Document R2d4Dzzr8G8Z4eB5dLryJE248

FILE NAME: Eternit (ETER) DATE: 1986 DOC#: ETER030 DOCUMENT DESCRIPTION: Hearing Testimony of Eternit to EPA TABLE OF CONTENTS Tab Tab 1: Tab 2: ' Tab 3: Tab 4: Introductory Testimony of Mr. Wolfgang Schurer Testimony of Dr. Ulrich Gruber with Attachments A t t a c h m e n t 1: L e t t e r f r om J.I. W a dd in gt on , Director, Environmental Health Service, World Health Organization, to Sir Neville Stack, Director, As be st os In te rnational A s s o c i a t i o n (Nov. 20, 1985) A t t a c h m e n t 2: C a l c u l a t i o n of the R i s k A s s o c i a t e d With the Production of A/C Pipe Using the EPA's Assumptions A t t a c h m e n t 3 : M. G a r d n e r and C. Powell, A R e v i e w of Mortality Findings in Studies of Asbestos Cement Workers Using Predominantly Chrysotile Fi br e, in press, Journal of the Society of Occupational Medicine Testimony of Dr. Benno Schneider Te st im on y of Mr. Wolf ga ng Schurer 250,650-001/VAL/TEST/TOC 07/20/86 1 TESTIMONY OF THE SWISS ETERNIT GROUP AT THE LEGISLATIVE HEARING ON THE EPA'S NOTICE OF PROPOSED RULEMAKING ON ASBESTOS (40 C.F.R. Part 763) July 21, 1986 EPA Docket Control Number: OPTS-62036 (fCch r ) Our oral testimony today will proceed as f o l l o w s : Fi r s t , Dr , Ul r i c h Gruber w i l l d e s cr ib e the recent SCIENTIFIC EVIDENCE CONCERNING ASBESTOS-CEMENT PIPE ("A/C Pip e"). As Dr , Gru ber w i l l e x p l a i n , the cu rr en t scienti fic EVIDENCE, AND EVEN THE EPA' S OWN ANALYSIS, WILL NOT SUPPORT THE CONCLUSION THAT THE MANUFACTURE OF A/C PlPE POSES "UNREASONABLE RISKS," MOREOVER, THE EPA' S RISK ANALYSIS OVERSTATES THE MINIMAL RISKS ASSOCIATED WITH A/C PlPE PRODUCTION, The EPA al so a s s u m e s w i t h o u t f o u n d a t i o n that th er e are safe and c o s t -e f f e c t i v e s u b s t i t u t e s , The evidence SUGGESTS THAT THE SUBSTITUTES IDENTIFIED BY THE EPA MAY POSE SERIOUS HEALTH RISKS AND ARE NOT AS EFFECTIVE, FINALLY, THE ILLUSORY BENEFITS ASSOCIATED WITH A PROPOSED A/C PlPE BAN WILL NOT OUTWEIGH THE COSTS ASSOCIATED WITH THE OVERNIGHT CLOSURE OF THE A/C PlPE INDUSTRY HERE AND ABROAD, Se c o n d , the EPA has p r o p o s e d a ban on A/C Pipe and OTHER PRODUCTS BASED ON ITS APPARENT ASSUMPTION THAT A CONTROLLED USE OF ASBESTOS IN THE WORKPLACE IS NOT POSSIBLE, Dr , Benno Schneider wi ll describe for you the successful c o n t r o l l e d USE PROGRAM THAT THE SEG HAS LAUNCHED IN ALL OF ITS GLOBAL AFFILIATES WHICH HAS RESULTED IN EXPOSURE LEVELS THAT CONFORM TO THE MOST STRINGENT INTERNATIONAL STANDARDS AND ENSURE THAT THE USE OF ASBESTOS DOES NOT POSE UNDUE RISKS TO HEALTH, THIS PROGRAM FOR CONTROLLED USE IS APPLICABLE TO the S E G ' s Latin Ame ri c a n i n s t a l l a t i o n s as w e l l , Third, I plan to discuss the congressional policy e x p r e s s e d in TSCA to supppor t INNOVATION BY PROHIBITING the UNNECESSARY IMPOSITION OF ECONOMIC BARRIERS, THE SEG HAS BEEN COMMITTED TO TECHNOLOGICAL INNOVATION FOR OVER A DECADE, AN IMMEDIATE BAN ON A/C PIPE MANUFACTURE, WHICH WE HAVE SHOWN TO BE UNWARRANTED FOR HEALTH REASONS, WOULD ERECT AN INSUR MOUNTABLE ECONOMIC BARRIER TO CONTINUED TECHNOLOGICAL 5 innovation on the pa rt of the SEG by t h r e a t e n s the bases of the voluntary a g r e e m e n t s ; an immediate ban on A/C Pipe m a n u f a c t u r e w o u l d al so t h r e a t e n the p h a s e -out p r o g r a m it has i n st i tu te d in Latin Am e r i c a . The EPA's in te n de d r e g u l a t o r y policy w i t h r e s p e c t to a /c pipe is out of step w i t h that of THE REST OF THE WORLD. INDEED, WHEN THE SEG REACHED AGREEMENT w i t h the Swi ss an d Ge r m a n g o v e r n m e n t s to ph ase out a s b e s t o s , those Go v e r n m e n t s e x p r e s s l y e x e m p t e d A/C P ipe f r o m the PHASE-OUT COMMITMENT. Fin all y, an immediate ban on A/C P ipe, which would result in ov e r n i g h t cl os u r e of the d o m e s t i c m a n u f a c t u r e r s , co uld w e l l h a v e ,an u n i n t e n d e d e f f e c t , Ma c h i n e r y might be DUMPED FOR CHEAP PRICES IN COUNTRIES WHERE THERE ARE NO ACTIVE ENVIRONMENTAL AND OCCUPATIONAL REGULATORY BODIES, This w o u l d re sul t in a fo r m of i r r e s p o n s i b l e p r o d u ct ion w h i c h IS SURELY NOT WHAT THE EPA INTENDS. I WOULD LIKE TO INTRODUCE D R . ULRICH GRUBER. 6 TESTI MONY OF DR, ULRICH GRUBER ON BFHAI F OF THF SWISS h li-RNI T GROUP^BEFORE THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY July 21, 1986 My name is Dr , Ulr ich Gr u b e r , I am pr es e nt ly Pr o f e s s o r of Su r ge r y at the Un i v e r s i t y of Basle and head of the Basle Un i v e r s i t y Ho s p i t a l 's To x i c o l o g i c a l De p a r t m e n t , During the S E G ' s p h a s e -out p r o g r a m , I su p e r v i s e and monitor THE S E G ' s MEDICAL SERVICES, I RECEIVED MY M. D, FROM THE Uni v e r s i t y of Zurich in 1955, and in 1958 and 1959 I was an As s i s t a n t Surgeon at the Peter Bent Br i g h a m Ho s pi t al in Bos ton and a Re s e a r c h Fel lo w at the Ha r v a r d Med ica l Sc h o o l , I HAVE BEEN AWARDED A NUMBER OF HONORARY TITLES AND I AM CURRENTLY A MEMBER OF THE SCIENTIFIC ADVISORY COUNCIL FOR the S wi ss e d it i on of Jo u rn a l of the Am e r i c a n Medical As s o c i a tion ( " J A M A " ) in Sw i t z e r l a n d , Ad d i t i o n a l l y , I have been a me mbe r of e d i t o r i a l r e v i e w b o ar d s for Eu r op e an sc hol ar ly MEDICAL JOURNALS, I HAVE OVER 900 PUBLICATIONS AND FOUR SCIENTIFIC FILMS TO MY CREDIT, In my c a p a c i t y as t o x i c o l o g i s t at the Universi ty Ho s p i t a l , I have f a m i l i a r i z e d my se l f w i th the curr en t sc ien ti fic LITERATURE REGARDING THE HEALTH EFFECTS OF ASBESTOS, I FREQUENTLY ATTEND INTERNATIONAL CONFERENCES AT WHICH SCIENTISTS, STUDYING THE HEALTH EFFECTS OF ASBESTOS EXPOSURE, PRESENT 1 Similarly, the risk to workers from the production of A/C Pipe fall wi thi n ranges c o n s i de red ac c e p t a b l e by the EPA and OSHA, Because workers are considered by many to ASSUME RISKS VOLUNTARILY. WORKERS ARE GENERALLY ALLOWED TO BEAR RISKS SOMEWHAT HIGHER THAN THOSE BORNE BY THE GENERAL p u b l i c , Ho w e v e r , from the d i s c u s s i o n a b o v e , it can be seen THAT THE RISKS TO WORKERS ASSOCIATED WITH A/C PlPE PRODUCTION ( 1 0 " ^ ) ARE THE SAME AS THOSE CONSIDERED BY THE EPA ACCEPTABLE FOR THE GENERAL PUBLIC IN THE CASE OF CERTAIN CARCINOGENS, Mo r e o v e r , as can be seen by r e f e r r i n g to App e n d i x B of At t a c h m e n t 2 . OSHA has set a number of st an d a r d s to protect worker health w h i c h t r a n s l a t e to risks on the same order of MAGNITUDE ( 1 0 ) AS THE RISKS TO WORKERS ASSOCIATED WITH A/C Pipe p r o d u c t i o n , Ad d i t i o n a l l y . OSHA has set some exposure STANDARDS TO PROTECT HEALTH WHICH ARE EQUIVALENT TO RISKS AT _o LEAST AN ORDER OF MAGNITUDE HIGHER (10 ) THAN THE RISKS TO WORKERS IN THE A/C PlPE INDUSTRY, THUS. ASSUMING. ARGUE ND_Q. THAT THE E P A ' S RISK ANALYSIS IS CORRECT. THE ANALYSIS DEMON STRATES THAT THE RISKS ASSOCIATED WITH THE PRODUCTION OF A/C Pipe fall within ranges considered a c c e p t a b l e , In its r e v i e w of the he alt h ef fe ct s of a s b e s t o s and ITS RISK ASSESSMENT FOR THE PROPOSED RULE. THE EPA HAS CHOSEN TO TREAT ALL ASBESTOS FIBER TYPES AND SIZES AS HAVING EQUIVALENT BIOLOGICAL ACTIVITY, HE EPA HAS ALSO NOT ACCOUNTED FOR THE RISK DIFFERENTIAL ASSOCIATED WITH EXPOSURES IN DIFFERENT 6