Document Rjz07GVpVEp4Qm5nXBpRXmeMX

k Regulation Requires/Dedicated Vehicles' to Haul Asbestos ^076+44^ y^^noLQ is Legislation prohibiting the transportstion of asbestos in trucks or rail cant (hat Gare also used to carry food and other consumer |mxlinMs was sijtiKtl imu law by I'rcsiUcni Uusii Nov. 3. The "anii-backhauling" legislation (HR 3386) requires the use of "dedicated vehicles'' to haul asbestos and other dangerous waste. Titled the Safe Transportation of Food Act. the regulation has now become Public Law IQ I -500 and is designed to curb a reported increase in transportation of hazardous waste and garbage in trucks also used to haul food. The practice-- called backhauling--is being used with increasing frequency as landfill space decreases, especially in the Northeast, necessitating the transportation of waste to landfills in other pans of the country. To make out-of-state freight hauling more profitable, many transporters have been hauling food or other consumer products to cities in the East, and then backhauling waste on the return trip. Supporters of the law say it will help prevent the potential danger of contami nating the nation's food supply due to , this practice. Section 6 of HR 3386, titled "Dedi cated Vehicles,'' states: "At a minimum, the regulations...shall prohibit any person from using, offering for use, or arranging for the use of, a motor vehicle or rail vehicle to provide transportation of ^ asbestos or products which present extreme danger to human or animal health, despite any decontamination, * removal, disposal, packaging, or other isolation procedures, unless such motor vehicle or rail vehicle is used only to provide transportation of such asbestos or products, or Ixuh." This section ulso requires dial a list of products determined to "present extreme danger to human or animal health" be developed and published in the Federal Register. The law designates three federal agencies to develop the regulations. The Department of Transportation, the Department of Health and Human Services and the Department of Agricul ture have six months to propose rules that specify: 1) recordkeeping and identifica tion requirements for refrigerated ve- Cot/nctl Currents January^February IV9{ hides, lank micks. rail tank cars, cargo tanks, and dedicated vehicles fof asbestos and infectious waste; 2) appropriate decontamination, removal, disposal and isolation standards fin refrigerated trucks and rail cars; and 3) appropriate materials for construction of tank trucks, cargo tanks and accessory equipment. 'IMMIlMi f.i cm m Br Laura Tetter Asbestos Substitutes Questioned Just when the nation appeared to gain control of tfie asbestos issue through widespread abatement. a U.S. senator Iws iutnxhicvtl legislation (hat qnrMirm* uuuc uf tlic materials being used as inlistilttin. Sum. Herb Kuld(lMVI) suit that in the mud rush In' the nation's sdiouls to remme ittJ*'.itm, many tin* n-pliH-ing tin* raiurrLansing Is |kx <>rtin* iiiutcriiil with `equally dangerous materials.` Kohl says filx*rj'U mul mineral wool, which In* sins no* routinely usi-d to n-pl.nr ioirstos, have Iteen Cmmd In tl* World Health Organization to contain nmdno- gen*. NoIkkIv lias warned llic schools llmt tlmy are replacing one careinojyn with uimthrr. lie sajs. `As a ninth, xnm* scimol* may liixl theum-hes m tlir same plight ten years from mar that tin y are In today with ashrsUs.' Kohl's measure. eqxilcd to lx* tlx* subject uf Iwajings if lie reintroduces It next iritr. would reipiire the Kminm- meiil;ii Protection Agency (EPA) to inform all gmrriKm and Im-nl nlncatioo agencies (it the risk* o| n-placing it*]testus with fl- IxTgliiM and mineral wikI. Tin* KPA also would lie retpiired tn report loOmgres* tlx* appropriate action tn n-giilnle tlx- use of llxise sulislames ami on the iktiI to lest tidier material* (hut arc likely to lx* used u snlrtlitiitcs. hi Dm mill rush to IMWI isbtslN tram uhoils, many r (placing II vlih nBy daagerwi malarial* ndit fActgltss, sirs KoM. Outhwaite clears hurdle LONDON--A Idler from a Uoyd's of London syndicate claim man ager supporting a ceding company's decision tojoinjbe now-defunct Asbestos Claims Fadlily does not, in itself, bind the syndicate to pay asbestos-related claims, the Pritish High Court says. The ruling came in a dispute between Lloyd's of London syndicate 6C1. managed by K.H.M. Outhwaite (Underwriting Agencicsl idd., and its mlunt, Anton Underwriting Agencies Ltd. Anton sued Outhwaite In IMS for refusing to pay claims under a runoff reinsurance policy, even though an arbitration panel has de clared the policy valid. During discovery, Outhwaite released s letter sent by Outhwaite Claims Manager Fred Fotwcii to Richard Allan Lee, claims manager of Anton's broker Butcher Robinson & Staples Ltd., tn which Mr. Foiwrtl said Outhwaite "agrees to support the decision" by Anton to Join the Asbestos Claims Facility created under the Wellington Agreement. Mr. FolweM'i letter was a response to a IM4 tetter from Mr. Lee seeking his support. British High Court Justice Hint last week rejected all arguments that Mr. FblweU's letter bound Outhwaite to pay claims on the runoff policy that arc related to the Asbestos Claims Facility, which shut down in 1988 (Bf. May 30. Anton is considering an appeal. And. the cue continues over whether other facton may force the runoff policy to respond to asbestos-related claims against Anton settled through the facility, said Anton lawyer Mark Humphries, an assistant solicitor with LinkJatcrs & Paine* mm, ieE GEMS 3, In') sr070-?4*9,<