Document RvX9dQ0DDw2ZB6zvwYdKMvba

IN THE CIRCUIT COURT 1 /TOR THE THIRD JUDICIAL CIRCUIT MADrSON COUNTY, ILLINOIS JUL 14 1988 IN RE; Asbestos Litigation wnffTf frames filed by ) ) ) ) ) ) ) ) Cause No. 8866- -g^ifs^coAii tacun (ssssasti yg&ca Cause No. 86-L-2704 through 86-L-2708 (Lead Case; Greco) Cause No. 87-L-836 (Lead Case; Abbott) tfSWENS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT NORTH AMERICAN REFRACTORIES COMPANY COMES NOW defendant North American Refractories Company ("NARCO''), by and through its attorneys, Coburn, Croft & Putzell, and pursuant to Illinois Supreme Court Rule 213(c), Ill.Rev.Stat., ch. 110A, files its answers to Plaintiff's First Set of Interrogatories to Defendant North American Refractories Company, as modified by Court Order. CORPORATE NAME 1. For each Interrogatory below, please state the name and last known address of each person answering it, including whether he is employed by Defendant. ANSWER'; Anthony Rosa Director of Human Resources North American Refractories Company 900 Hanna Building East 14th and Euclid Cleveland, Ohio 44115 2. Please state whether or not Defendant is a corporation. If so, please state your correct corporate name, the state of your incorporation, and the address of your principal place of business. ANSWER: Yes. North American Refractories Company; incorporated in Ohio; principal place of business is 900 Hanna, Building, Cleveland, Ohio 44115. 3. Please describe Defendant's corporate history, including any mergers, consolidations, asset purchases, acquisitions or spinoffs. ANSWER: No answer required by court order. 4. Please state whether or not the Defendant has purchased, assumed, or in any other manner acquired any of the assets and/or liabilities of any corporation or entity (such corporations or entities being limited to those engaged in the mining, selling, manufacturing, marketing or distribution of asbestos containing products.) If so, please state the following; (a) The name of each such corporation or entity. (b) Date of acquisition. (c) The nature of the asbestos activity company as it relates to asbestos activity of the company. ANSWER: No. 5. Has Defendant ever engaged in the mining, manufacturing, selling, marketing, or distribution of asbestos-containing products? If so, please state the following: 2 (a) The name of the company engaged in the activity (whether it is Defendant, Defendant's predecessor, or Defendant' s subsidiary); (b) As to each product mined, manufactured, sold, marketed, or distributed, please state the following: 1. The trade or brand name. 2. Its identification number (model, serial number, etc.) 3. The time period it was manufactured, mined, marketed, distributed or sold. 4. Its physical description including color, general composition, and form. 5. A detailed description of its intended use and purpose. 6. A detailed description of the type package in which it was sold, listing the dates of each type of package used, a physical description of the package, and a description of any printed material or trademarks that appeared thereon. 7. The percent of asbestos which it contained. 8. The percent of asbestos by asbestos type (amosite, crocidolite, chrysotile, tremolite, anthophyllite) (c) The time period during which each of these products were on the market; (d) A description of the physical composition of each product; 3 (f) How each of these asbestos-containing product can be distinguished from those of competitors. (g) A description of the physical appearance of such p roduct; (h) A detailed description of the intended uses. ANSWER: Yes. (a) North American Refractories Company. (b) See attached list marked Exhibit A. (c) The castables and gunning mixes were a gray, granular mixture. The brick contained an off-white to gray 1/32" to 1/8" flexible mat encased in heavy steel. See sales catalogs provided in response to request for production for package descriptions. See also attached list marked Exhibit A. (d) See attached list marked Exhibit A. (f) Unknown. Defendant North American Refractories Company has no knowledge of the specific characteristics of the products of its competitors. (g) See attached list marked Exhibit A. (h) See Exhibit A. INFO ABOUT SAFETY 6. Before placing Defendant's asbestos-containing products on the market, did Defendant make or cause to be made, any studies to determine whether your products would be hazardous to people? If so, please state the date of said studies, what studies were done, and the titles of each study. A ANSWER: This defendant had no reason to believe that there were potential hazards associated with its asbestos containing products because of their small percentage asbestos component and their use primarily in wet or encapsulated form. Therefore, it had no reason to believe such tests were required and none was done. 7. Did any person prior to 1970, file a claim against any Worker's Compensation carrier covering Defendant alleging that he or she contracted a disease as a result of exposure to asbestos? If so, please state the following: (a) A list of each such claim by* claimant's name, date filed and jurisdiction involved; . (b) A brief summary of the disposition of each such claim. ANSWER: No. EVER SELL ASBESTOS 8. Does Defendant or any of its subsidiary companies claim that any patent would cover any product listed above in answer to Interrogatory No. 5. If so, please state the following: (a) The date of each patent; <b) The date same was issued; 5 (c) The number of each patent application that is pending. ANSWER: This defendant has no patents on the products listed in Exhibit A. 9. Have any of the products listed above in answer to Interrogatory No. 5 been altered in chemical composition since first being marketed? If so, please state the following: (a) The trade name of each such product; (b) The date each such product was altered; (c) The nature of the alteration; (d) The reason for the alteration. ANSWER: Yes. The products listed in Exhibit A were altered periodically to improve their functioning. These products were not produced with asbestos after the dates indicated. 10. Have Defendant's asbestos containing products ever been marketed, distributed, and/or sold by any other company or business? If so, please state the following: (a) The name and address of each such company who may have distributed these products to locations listed on Exhibit 1; (b) The name and address of Defendant's distributors in Missouri since 1920. (c) The name and address of Defendant's distributors in Illinois since 1920. 6 (d) The date of each sale. (e) The name of the person in each company with whom you primarily dealt. (f) A list of all asbestos containing products that you sold to that location from 1945 to 1980; (g) The amount of each asbestos product sold to that location during this period of time. (h) Please identify all documents relating to this distributor for the particular location. ANSWER: Christy Firebrick. Discovery is also continuing as to Christy Firebrick and to other possible distributors. 11. Did Defendant or any of Defendant's distributors, as listed in Interrogatory No. 10 have sales representatives who specifically called on those facilities listed in Exhibit 1 from 1945 to 1975? If your response is yes, as to each facility, please state the following: (a) The name and last known address of each such representative and whether they are still employed by Defendant; (b) The period of time they acted as your representative; (c) Their general responsibility at this location; (d) Whether that person is still alive. ANSWER: Yes. (a) Thomas Robbins and Michael Gliebe, 5000 Cedar Plaza Parkway, Suite 104, St. Louis, Missouri 63128. Discovery is also continuing. 7 12. Did Defendant ever have any division or subsidiary engaged in the contract business of applying asbestos containing insulation? If so, please give the name of each subdivision, the full address of the home office and the date such subdivision or subsidiary was engaged in this contracting business. ANSWER: No. 13. Did Defendant ever have any division or subsidiary engaged in the contract business of applying asbestos containing refractory? If so, please give the name of each subdivision, the full address of the home office and the date such subdivision or subsidiary was engaged in this contracting business. ANSWER: No. 14. Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 5 have been manufactured and/or assembled and the dates said plants have been in operation. ANSWER-: See Exhibit A. 15. Has Defendant, at any time, entered into a "rebranding'* (which is defined as repackaging, remarking or reidentifying) agreement with any other company, either as a buyer or a seller, concerning asbestos insulation or refractory materials? If so, please state: 3 (a) The name of the company manufacturing the asbestos products under such agreement; (b) The trade name affixed to such products; (c) The periods of time covered by each such agreement; (d) The volume (in dollar amounts) of each such transaction; (e) The purchaser of such products; (f) Does Defendant currently have in possession any of the writings or contracts concerning such rebranding agreement? ANSWER; Yes. See Exhibit A and documents produced as Exhibit F. This defendant has no other documents concerning this rebranding agreement. INFO ABOUT DESIGN/TESTING 16. What is the name, address, and job title of each individual who participated in the design and preparation of manufacturing specifications for each such product listed above in answer to Interrogatory No. 5? ANSWER: See Exhibit A. 17. As to each product listed in response to Interrogatory No. 5, please describe how each product was intended to be cut, shaped, scribed, mixed and applied on the job. (In answering this question, give particular reference as to whether or not the materials were to be sawed or cut on the job, blown into confined areas, mixed with water in a cement or paste.) 9 ANSWER: Castables products were mixed with water and applied to furnaces. The bricks were installed in furnaces as manufactured. 18. Based upon the material contents of your asbestos containing products, the method of manufacturing, and the method of application, please state which products listed in Interrogatory No. 5 intended to be applied by a worker without creating dust. ANSWER: Yes, if the customers followed application instructions and safe work practices this defendant's asbestos-containing products could be safely installed or applied without health hazards. 19. Do any written memoranda, specifications, blueprints or other written materials of any kind or character now exist relating to the design and preparation of the products listed in answer to Interrogatory No. 5? If so, please: (a) List each such written material or document; (b) Identify the person or persons presently in possession of each such document; (c) State where each such document is located. ANSWER: Yes. (a) Mix sheets. (b) Richard A. Landy. (c) State College, PA. 20. Prior to releasing the products listed in Interrogatory No. 5 to the public for sale, were any tests (animal or human test) conducted on same to determine potential health hazards involved in the use of asbestos containing materials contained therein? if so, please state: (a) The name, address, and job classification of each individual who conducted such tests; (b) The results of such test. ANSWER: This defendant had no reason to believe that there were potential health hazards associated with its asbestos containing products because of their small percentage asbestos component and their use primarily in wet or encapsulated form. Therefore, it had no reason to believe such tests were required and none was done. 21. Does Defendant have or controL any written memoranda, specifications, blueprints or other written materials of any kind or character relating to the testing of said products? If so, please: (a) List each such written material or document; (b) Identify each person who presently has possession of each such document. (c) State where each such document is located. ANSWER: Not applicable. t' 22. Were any design changes made as a result of such tests? If so, please state: (a) The nature of the change made; (b) The name, address, and job classification of each person in charge of making a change. ANSWER: Not applicable. 23. After releasing the products listed in answer to Interrogatory No. 5 to the public, did Defendant conduct any tests (list animal and human tests) conducted thereon to determine potential health hazards involved in the use of materials contained therein. If so, please state: (a) The name, address, and job classification of each person and/or agency conducting said tests; (b) The results of said tests. (c) The date of said tests. ANSWER: This defendant had no reason to believe that there were any potential health hazards involved in the use of its asbestos-containing products based upon their characteristics, their intended use and safe work practices by the industrial customers and so no such tests were done. Also see answer to interrogatory 20. 12 24. Has Defendant ever conducted any studies concerning the effects of the inhalation of asbestos dust or fibers on one using or being exposed to any of the asbestos material manufactured, sold or distributed by you or your predecessor? If yes, please give dates and nature of such studies, names and addresses of persons conducting such studies, the purpose of such studies, and attach a copy of reports based upon such studies, and list to whom such reports were given and the date. ANSWER: Because it had no reason to believe there were any potential health hazards from these products, no such studies were conducted. See also answers to interrogatories 20 and 23. INFO ABOUT SAFETY/HEALTH 25. Please state whether or not Defendant ever conducted a.ny tests in the field (where asbestos-containing products were applied, removed or used) to determine the nature and extent of asbestos fiber exposure to insulators, applicators, or fellow employees in the vicinity thereof? If so, please identify: (a) The date, place and nature of each and every test; (b) The particular asbestos-containing products to which each test applied; (c) The results of each test with particular reference to the number of asbestos fibers pec cubic centimeter of air found at each site. 13 ANSWER: Because this defendant's small line of asbestos-containing products contained very small amounts of asbestos, used primarily in encapsulated or wet form and asbestos was removed from this defendant's general product line by 1980, this defendant did not believe there were potential health hazards associated with the use of its products and therefore no such tests or studies were done or felt to be necessary. Moreover, this defendant was unaware of any duty or requirement to perform such tests or studies for its large industrial customers who were in a better position to provide a safe work place for their employees. 26. Please state whether or not Defendant ever obtained any knowledge concerning the allegation that asbestos could be hazardous to human health. If so, please state: (a) when Defendant first became aware of the hazardous potential of asbestos dust and asbestos fibers. (b) The manner in which the Defendant, Defendant's predecessor, or Defendant's subsidiary companies first obtained this knowledge and became aware of said hazards and from what source.this information was obtained. ANSWER: At this time defendant is aware of allegations that asbestos could be hazardous to human health depending upon the dose, duration, manner and length of exposure as well as s the presence of other risk factors such as smoking tobacco. The information was learned from the news media and other' ` sources available to the general public including OSHA and NIOSH publications. This defendant is unable to specify precisely when it learned of these allegations, however, it has been gained gradually over the past several years. 27. Please state when Defendant first acquired knowledge concerning the claimed association between inhalation of asbestos fibers and the contraction of cancer including, but not limited to, mesothelioma and state the source of that information, including a description of all tests conducted relative to the possibility of such a relationship. ANSWER: See answer to interrogatory 26. 28. Please state when Defendant first acquired knowledge concerning the claimed association between the inhalation of asbestos fibers and contraction of lung disease known as asbestosis and state the source of that information including a description of all tests conducted relative to the possibility of such a relationship. ANSWER: See answer to interrogatory 26. 29. Please identify .all- physicians, industrial hygienists, and other employees (including their names and addresses) who were employed, retained or otherwise engaged by Defendant for research investigation or study concerning asbestos or asbestos-related diseases. ANSWER: None except for the employees listed on Exhibit A as to this defendant's products. 30. As to each person who acted in a medical advisory capacity (as it relates in any way to asbestos) to Defendant, please list their name, the date individual acted in this capacity, and that person's current address and job title. ANSWER: Interrogatory withdrawn. 31. Please state if any medical officer or industrial hygienist or medical consultant ever made at any time any recommendations and/or suggestions to Defendant pertaining to the risks or hazards to persons involved in the manufacture or use of asbestos products and, if so, please state when, by whom and to who such recommendations and/or suggestions were made and the substance of each recommendation. ANSWER: In 1976 this defendant received nocice from R. J. Wahl, Senior Environmental Health Engineer, and I. w. Sunderland, Safety Consultant, that this defendant should initiate a medical surveillance program of its employees. In response to environmenta1 factors, Curtis Horton, industrial hygienist, initiated such a program. 32. Please state the scientific or medical periodicals to which Defendant, its medical department, industrial hygiene divisions or consulting physicians subscribed between 1945 and 1975. 16 35. Please state the year that Defendant was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of Governmental Industrial H.ygenists and state the name of the employee/official of the company receiving such advice. ANSWER: This defendant was never specifically advised by the American Conference of Govermental Industrial Hygienists of threshold limit values or maximum allowable concentrations of asbestos dust or total dust. 36. Does Defendant maintain a library dealing with industrial hygiene, medicine, safety and engineering? If so, state: (a) The date each such library was established; (b) The location of each library; (c) The name(s) of the librarian(s) since 1930; (d) List all journals subscribed to by you concerning asbestos, industrial hygiene, medicine, safety, and/or engineering. (e) List all books and articles dealing with asbestos and asbestos-related.diseases and the date acquired. ANSWER: The Court reserved ruling on this defendant's objections to this interrogatory. 13 37. Did Defendant in the 1920`s or 1930`s commission, or participate in the arrangements with Metropolitan Life Insurance Company for studies at the Trudeau Foundation at Saranac Lake, New York, concerning the effect of inhalation or ingestion of asbestos fibers upon human and/or animal bodies. ANSWER: No. 38. Does Defendant admit that a report of some of the studies of Trudeau Foundation at Saranac Lake, New York, entitled "Effects of the Inhalation of Asbestos Dust in the Lungs of Asbestos Workers" was published by A. J. Lanza, assistant medical director and J. published in the Public Health Report, vol. 50, no. 1, dated January 4, 1935? ANSWER: This defendant has no specific knowledge of a report of studies of the Trudeau Foundation at Saranac Lake, New York. 39. When was Defendant first aware of the above mentioned Lanza report? ANSWER: Not applicable. 40. Please state whether the Defendant at any time have been members of any "trade organization" or "trade association' composed of other manufacturers, miners, distributors and/or sellers of asbestos products and, .if so, please identify the 19 name and address of each such association or organization, the dates of membership, and the names of any publications issued or written by such association or organization. ANSWER: This defendant belongs to no trade organizations comprised solely of manufacturers, miners, distributors and/or sellers of asbestos products. It does belong to the following trade organizations: The Refractories Institute 1951.- present Industrial Health Foundation 1980 - present Iron and Steel Institute 1970 - present 41. With respect to each trade organization or association listed in answer to Interrogatory No. 40, please state whether the minutes of the group's meetings and any correspondence between the members of such groups concerning the hazards of asbestos exposure are (A) in this defendant's possession; (B) in existence whether in this defendant's possession or not. ANSWER: See attached documents from T. R. I. pertaining to asbestos as Exhibit B. This defendant has been unable to locate or has any knowledge of any applicable documents from the other two organizations. 42. Please identify by name the technical and trade association periodicals to which the Defendant subscribed, and state whether defendant had knowledge of any articles being printed, or withheld from printing, in said periodicals pertaining to the hazardous potential of asbestos, if so, please state the following: 20 (a) The title of each such article; (b) The periodical in which each such article was published; (c) The date each such article was published; (d) A detailed explanation of the reason for withholding any such article for printing. (e) Produce documentation which refers, alludes or mentions articles which were withheld for publication. (See Request for Production #18). ANSWER: The Court reserved ruling on this defendant's objections to this interrogatory. 43. Please state whether, prior to 1975, the Defendant sponsored, or attended any meeting, seminar, conference, convention or legislative hearing where the subject of occupational health and exposure to asbestos was discussed and, if so, please state the date and place of such meeting and the name and address of any speakers or participants. ANSWER: No. WARNINGS/SALES PROMOTION 44. As to each product listed in response to Interrogatory No. 5, please state whether Defendant, at any time, published and/or distributed any brochures, pamphlets, packagings or other written materials of any kind or character that contain any warnings, cautions, caveats or directions concerning the possible health effects of the product on a person. If so, please state as to each product. . i. (a) The wording of each such warning; (b) A description of each such printed material; (c) The method used to distribute the warning to persons who are likely to use the products; (d) The date each such warning was issued; (e) Whether any warning accompanied any of your asbestos-containing products' sales literature, handout or pamphlets; (f) Please attach a copy of the warning and date said warning was issued; (g) The name, address, and job classification of each person who presently has possession of the above-described documents; (h) The name or names and addresses of the company who provided, produced, or manufactured the boxes or containers on which the warning appeared and dates these boxes with the warnings appeared. ANSWER: (a) - (g) Warnings were provided to this defendant by Eagle-Picher for its One-Cote Super "65" cement sold under a relabeling agreement by this defendant as Unicote and Stazon. These warnings were placed on the packaging for those products. This defendant has no records regarding the Eagle-Picher product warnings. , However, this defendant believes that Eagle-Picher began placing warnings on the relabeled products in approximately 1964. Counsel for this -i defendant has received records pertaining to Eagle-?icher product warnings in other litigation which are attached as Exhibit F. Because this defendant was unaware of any potential health hazards involved with the use of the asbestos-containing products which it manufactured and sold, no such warning labels were provided. Moreover, its products were being sold to sophisticated buyers who had equal or greater knowledge regarding the safe use of its products. See also answer to interrogatory 20. (h) No answer required by Court order. 45. Has sales material been prepared by Defendant or its agents for purposes of marketing or advertising the asbestos products listed in answer to Interrogatory No. 5? If so, please state: (a) The name and address of each person or entity who prepared same; (b) The name, address and job title of each person presently has possession of same; (c) The date same was prepared; (d) The media used zo disseminate the sales material. ANSWER: Yes. See sales catalogs provided in response to the request for production. 23 45. Has any written material of any kind or character been prepared by Defendant, Defendant's predecessor or any of Defendant's subsidiary companies or their agents indicating how the products listed in answer to Interrogatory No. 5 should be used or maintained by the ultimate consumer. If so, please state the following: (a) The name, address and job classification of each person who prepared same: (b) The name, address, and job classification of each person who presently has possession of same. (c) The dates and manner in which said material was distributed to purchasers of the products in answer to Interrogatory No. 5. ANSWER: General application instructions for NARCO products were available for its customers upon request. No special safety instructions were felt to be necessary given the small amounts of asbestos in its products mainly in encapsulated or wet form. 47. Was any written material of any kind prepared by Defendant and distributed to those entities listed in response to Interrogatory No. 11?.-' If so, please state the following: (a) Identify the written material by content and date. (b) To whom was it delivered. ANSWER: No answer required by Court order. *> j ....-HV-nu ^ fltra texeftfvvtfrrff HANNA 9U1LDINC CI.EV6LAN0. OHfO *4it5 **"* rirt*r p SOtO TO: T CONSIGNS*) TO; CO. ' i---- TP-7* 0ATE S/20/7 ***** A* toto TO U Christy Firebrick Ccapany 3144 H, Broadway St. loulf, MO 53147 AC? Industrial, Inc. Cartar Carburetor 01v. 3537 St. touls Av*. . St, louls, HO 63107 __L C.O. # SOS b1Wf 4>5CO*j A-. 2,2CO#j V Rarrotab - ICC? Ba* I,1GC# fiarpfw* 25 Mt carter ICC? Ortas - . Harts Cm tear ftHar f5C144 5. - SCO# Sk^jrthtef 7 Barter 5. $tGCCi Sspae Sareocast testebte *A ICO# Sags : * " UC55 450 . .8005 335 3SC04 240 45 3* 2 special iNraucno^atf:.. s\*#vv * . -.? < !. *>. * ;. ' ; r..- > - v* v-.. BILLING INSTRUCTIONS: ALLOW OEAlSfl QISCOCINfT { ~| NQ. Q] OISCOUNT OEOUCTION / OTNEB PBICJWa CONCESSION: f* - 4* ... J~` j YSS 8BICK 10* *. r ~ j YS SPEC. 20* ^ EQUALIZATION Q -YES f^l --NOI I no i eUri oit00%- - 12/3 11/3- - n/o. - *?- -------- / NORTH AMERICAN REFRACTORIES CO.V DIVISION OF ELTRA CORPORATION CLEVELAND. OHIO 4-itU jl SALES C UHT ___ti me 7 IIill'n * K. BsaimM *0ur e via &a 1 sec -000 , _ See below______________ B V T ,W.) case S'C 99 B Y mail ^ TtlTC>:(lttlT v.ve*v 2 S--74 2A i >am[ as >oi.o rs vLtJ> o'twi>t jt, r. Unien Slaetric Ceapeay 1 Berth America* Aefracteriee c 1901 Gratiot XV3. BmmvI, Indiana St. Louis, Jto. 43134 Tor Raahipt Via PttCO Truch t Ontoe Blectrie Ccasuay L i Cahohla float, #1 Meaaanto A*? --111. (2203 Attas Mr. Sn fitch _____________ *** , tygilaa 4-4 ^a. _ ____ , QATgewTgffeoj CUSTOMS* QWQ6I* NO. , gUIT. M9. MO.) * e Apt*. C^-TI ( 'V E 0~Q ES T E 0~BQ uT1KQ ; -- - ~fn L Ei -lg-lgr72l------------ 54532---------------- ecease nq.( TciiMii " * [ >tcgs *qg r. o:-B. NET JO 3a TJ . ^ L. y/j. ;>..->M{WiwuiAriaNT-' ;. > 24COOS &&GO Bazao? C*-13 Cat Mia la 1CC0 Bags (12 Allots ) 24COCO 132* 132. Charge Ssas 4 partial pellets eaIf Sold to, attai Accts Riyabel Sssfc, .. ,, sa 1 44 . .1 at. Lsuis , M3. 632 *h 4 C w .. 10.01 ygggffliu.gg.rg Use buss, pallet protect lea. * Pallet weight net to ostceed 2000* per pullet. Shew C/CO oa all papers and paebages. Include this rataxial in cast car when avail, going to the hssaaoad warehouse. Inters faxb- Bare troch will plch up at Banwond and deliver to custcaer os retur trip bach to Jarber. CuotosMX to be billed only for their portios of frt fra #cz to Strsaosd and frt free to Via ITirxn Tr lay extra c.targca such as rundlstng and varaneuring don't a; BAM 14Te 10-10-73 r >m E V SALES C ? A AT V ENT /;vj: . .NORTH AMERICAN REFRACTORIES CO. - EJtra CLEVELAND. OHIO 44114 j$ S _ 4 S r i. % . 210 | CURy EJSVILLE owe BUTLER 8 * T..TVK C3 B.wlt !i toes 9 i ( oito* * v.VrV ` ! A | S;C 1 ?orr. 79| S-74 3 A Sj l<w( < aia *3 U.LMI 0'-t * *< CHRISTY FIREBRICK CO 3144 NORTH BROADWAY ST# LOUIS* MO. 63147 L SEE BCLOlf SI**ISC C*TCS: SIHONDS ABRASIVE DIVISION VALLACE-MURRAY CORP# COl 9090 1015 S. COLLEGE AVE > SALEM* .ILL# ^ MARK! ATTJ MR# 0# GREENE KBJ 4/2/74 rrjj'-) *NuRTM americanrefractories cov Eltra CLEVELAND. OHIO 44114 SALES c t*NT V Psrbsr OUTC V`* e T W.*. o r : Vnmon J >ct coos s' c i T(> ' OR CCoiT , ^'J VrV g i 1 *-?* 1 -3fl .,.210- r Soag. fl l 7i m T >mI olo re vxuii otci} tt( Christy Plrabriate Company 3144 Horth Broaduay St. Looi.Se Riascari 43147 Spartan Alumina* Products , 'Ii COi 13470 Sports, Illinois L SMIR.tNQ OATES: pate ewTCRgo| JUJUu customer orocr no. > i 'j cut. <to. w.{ *-.p&T?*tc 1 H^.^.eyucaTgo wiwo" Ireie* 3-.4-.7S. 1 -. S3Z2Z-3l RE LEASE NO- f " .`*rgRMS * | RRICES ARC W. Q.~ B. '* nT SO Oats | ##oj co'. ~6rachain to St* Louis i S 75 Barcal 70 9x2*pc2% Soaps S 25 9x4%22% #2 Arch i 60 * 10 11 ,* 700 i Uaxeal 790 9r4%xl #1 Split (Book Count) Barcal 053 9s4%x3 Sts* <S 14 Parbar i* 4 13al2a3 Sts* i IT - Bares 03 .* 1 30sl'2a3 Sts* 1,00 - .50 1.00 35 75 33 25 21 1.00 .50 40 30 1.29 940 0.40 24 10.47 11 as 959 . 950 850.0 -- 85( J 85Q - 350.01 1755 -- 2142.t 300 75 3.3# 330S34 170 14. 34 20 500# 2n1 1000# 7000# BSXphos 95 -100# Drnas Barcolita -50# Ba*a Supar Karcocast -100# Ba?# 500# 350 1000# 240 7000# 200 !g/5g -- IftIT , t/Act 944 350.0 240.0 200.0' Plasss show C/0# 13470 on all papers and packages. Billinci Allow 104 on BricJc, 20% on Specs. Cw_0`*{ SALES CEPARTMENT AMERICAN REFRACTORIES CO." DIVISION OF ELTRA CORPORATION CLEVELAND, OHIO 44114 SALES Plant MT.UNION ftOUTgV.A 8Y T.W.X. i.AUO.Li*0.e* /i'Otici o, cooe 8/C 8Y MAIL MAIL TflRjTOY CH60IT 360 :qNSOLIDATE FRTVAYS IS r FRAZIER-SIMPLEX, INC* BOX 493 WASHINGTON, PA* 15301 s&c 15 G-39 25 Essaag AMI M JOtO TO WHLCU O'aflwiu IFl HILLSBORO GLASS COMPANY HILLSBORO, ILLINOIS* L SHIPPING DATES: DELIVERY REQUIRED JANUARY 1, 1072* SHIP ACCORDINGLY* oatsctrPHrP ^custome, ow&'e* Na |gjfriuawej- UtOUWTiO- ROVTING REl> 8/9/71 9667-7 ncoAor'iA. fr .rrrwr^,;. - - MMCS'AJItF.a*. 1 NET 30 OAYS X MT.UNION, PA 8/6/71 SBSI ppo I COL BEST VAY - COLLECT iMwMuuwctcxr- 3= 50/ KARCO STAZ-ON 50# 2Q6< :106Q( ter<CTl>lW>mKlU)W>a>g SHOV ORDER NUMBER 0998 ON SHIPMENT AND ALL RELATIVE PAPERS* FRAZIER-SIMPLEX, INC. TO BE SHOVN AS SHIPPER ,USING THEIR SHIPPING PAPEP.S* s.c. v*a i o*tc a/<?/?! TlM .' w .-uYir^r.i'w^.N HrRAC i CRIES CO. * ' ta-atr* CLEVELAND. OHIO 44114 ! ~ 5A L5 C #L*NT FAR3SR PAGE #1 0F#2 B T T Jl . TUX C3 ,rMllt <j*:*i< *ou*E v,. i vn.L' Kfl-:;y>vi coot Ie-c Tt**>T c*edi* | 'y.VA* B 344 ICG-PC . SiaTO>: r 5c-3 PAGE 2 0^ ORDisR _________ 1_____ _ A-21* 2/3*L-63 u>( it 9v9 19 1/3 PAuzi . i i O'!}( jt{ FOSTER VHSELSR CORP. PUBLIC SERVICE OF INDIANA* INC MO SO* ORANGE AVS*'* GIBSON GENERATING STA* - UNI? LIVINGSTON# N* J. 07030 MOUNT CARMEL* ILLINOIS ` L sh^^ng oath: SEE SPEC* INSTRUCTIONS QA.TC ENTCCO H-36i5,?lf?05Yf9 cuir. *co. ae. 1/15/74 change #r '(Partial: euatOMC* east* o.Tts eCueSTEQ BOUT INC sue* RCLCASC NO. ICES ie F. O. B- NET JiCirs I FAHBSa, MO. *0I COL I Y| til MINIMUM vCtONT 6ON 8.91NT 9ON 6*12NT S3 HMB-JSMByyaa*!-l^ *178*000* 15# OOOi 16# 0004 ITS# 29 MARCOCAST E.S.CASTABLE lOO^SGS. 4 NARCOCAST E.'SV FINE CTROVZL)# IN'* 100# SAGS SUPERCHIEF 22 MORTAR* IN 200# DRUMS 178* OC 0# 14^ 15* OC 0# l Mi 16* OC 0# 212 115*2 11 r - 16. * 43*0004 24*000i ,o io;oooi 14 SOOi 10 I) , #* 1*75 11 9 20 000 26 NARCOCAST CASTABLE*100#BAQ* NARC0TA3 CASTABLE*' 100#3AGI NARCOCRETE INSUL*CASTABLE* IN 100# BAGS AZROCAST-L INSUL*CASTABLE* ' IN 50* BAGS NARCAL SO 15X12X2* TILS NARCAL 85P PLASTIC* IN 100# CARTONS 48*000# 144* 24* 000# 485'. 10*000# 209. 3*56 500# 136. 623 4604 90 20*000 # 268, 115.2 3 do0 < 16 7 * 2 i 136.OC 3 V11 214*40 2* 23 *S*.9I IVaN 2o vTLL ISL SHIPPED SEPARATELY VIA TRUCK* SHIPPING INSTRUCTIONS U BE GIVEN AT TIMS 0? THE RELEASE PALLETIZE--*C* AND mS PRUT* NO CHARGE FOR PARTIAL PALLETS* MARK SHIPMENT! F.V* P.O*'NO* N-30693-7-32-1169 CHANGE #1 CUSTOMER'S ORDER NO. 2047-90 CUSTOMER'S CONTRACT'WO. H-2600 ESTIMATED WEIGHT* EXCLUSIVE OF ITEM 26V 297*273#. MATERIAL IS T'J LE SHIPPED IN THREE 90,000# CARS * CHIP CAR #1 SO THAT IT UIL- A.'..Uv; ^7 j j3 - . _ 3! Or. 0 --r .. -w -- 1 .i. 13 I i <2 v^.in'w.j * _j 5, 6, 9 * L* 4 |AL. VITH.iUiRCOCAST E. 3*.,. 'BALANCE OF THE ORDER 13 TO BE HELD rJR T ---- ~rEEtj2---"!C-3t<'TI.,0'E J^~ r:\ZZ i -) -------------------------------:--------------------------------- nSPiRTW^NT Spl.Pot. - 12 467 on Aon) 5?. 1974, tne entire process consuming about 29 months.* b. Fourteen Carcinogens On July 6.1972. CSHA requested information concerning fifteen substances (37 FR 13235). A package of fourteen iH) emergency temporary standares regulating occupational exposures to a like number of carcinogens was published on May 3. 1973 (38 FR 10929). contested in part m Dry Color Manufacturers ' Assn. v. Brennan and vacated on October 4.1973 by the Third Circuit Court of Appeals at 486 F.2d 98: an adi-isory committee was appointed and began its meetings on June 23. 1973. the proposed permanent standard was published on fuly 18.1973 (38 FR 186001 and amended on August 18. 1973 (38 FR 221411. a hearing was held in September 1973 and the final standard published on January 29. 1974 (39 FR 3738). contested in Synthetic Organic Chemical Manufacturers Assn. ISOCMA) v. 8renr.cn 1 (E2) on January 29. 1974 and SOCMA v. Brennan U (MOCA) on February 4.1975. In SOCMA v. Brennan I. the Third Circuit affirmed in pan tn 303 F.2d 1155 on August 26. 1974. cert den. on March 17. 1973 in 420 U.S. 973. A petition for rehearing was denied an October 8.1975. Ln SOCMA v. Brenncn U. the Third Circuit affirmed m 506 F2d 383 on December 17. 1974. A petition for certtoran was filed on March 20. '.975 and denied by the Supreme Court on October 9.1973 sub nom. Oil. Chemical and Atcmie Workers v. Dunlop tn 423 U.S. 830. The entire process consumed about 40 months. a. Vinyl chior.de A fact-finding hearing concerning vinyl chionde was announced on January 30.1974 (39 FR 3874) and held on February 15.1974. An emergency temporary standard regulating occupational exposure to vinyl chionde was published on April 5. 1974 (39 FR 12341) and not judicially contested, a proposed permanent standard was published on May 10. 1974 (39 FR 15696). the permanent standard published on October 4. 1974. (39 FR 35892). contested in The Society of the Plastics Industry v. OSHA on October 1.1974. and affirmed in 509 F.2d 1301 on January 21.1973. cert den. sub nom. Firestone Plastics Co. v. U.S. Department of Labor in 421 U.S. 992. on May 27.1975. the entire process consuming is months. *T>i* af i d. Coke oven emissions An advisory committee concerning occupational exposures lo coke oven emissions was appointed on August 12. 1974. and held twenty-eight days of meetings during which testimony was presented by numerous experts and panes and over 200 exhibits received, the proposed permanent standard was published on Juiy 24. 1975 (40 FR 406491. promulgated on October 22.1978 (41 FR 46742). contested in American iron and Steel institute v. OSHA on October 23. 1976. and affirmed in S77 F^d 82S on March 28. 1978. petition for certiorari pending tn the United States Supreme Court, the entire process consuming 86 months so far. e. Arsenic An advance notice of proposed rulemaking concerning occupauonal exposures to inorganic arsenic was published on June 11. 1974 (39 FR 20494). a fact-finding hearing was announced on August 30.1974 (39 FR 31644). held on September 20. 1974. a proposed standard was published on January 21. 1975 (40 FR 33921. a final permanent standard published on May S. 1978 (43 FR 19564). contested in ASARCO v. OSHA on May 5.1978 and judicial review is pending in the Ninth Circuit Court of Appeals and decision has been deferred pending the result of the Supreme Court decision in the ease of the contested standard regulating occupational exposures to benzene, infra. The enure ongoing process has therefore consumed 67 months. f. Benzene An emergency temporary standard regulating occupational exposures to benzene was published on May 3.1977 (42 FR 22516). stayed in API v. OSHA by the Fifth Circuit Court of Appeals on May 20.1977. a proposed permanent standard was published on May 27.1977 (42 FR 27462). published in final form on February JO. T978 (43 FR 5918). contested in American Petroleum institute v. OSHA on February 2. 1978. and vacated in 581 F.2d 493 on October 5.1978. certiorort granted in Marshall v. API 440 U.S. 908 on February 21.1979 by the United States Supreme Court, the enure process, so far. consuming 31 months. g. Acrylonitrile On June 29.1977 (42 FR 33043). and July 5. 1977 (42 FR 34328). OSHA requested public comments concerning occupational exposure to vmyi cyanide or acryionttrtie. An emergency temoorarv standard reauiatmg j4 an ;a.-.,,ary ;7. ,tj FR 2i5,. contested on January 17.1978. the stay was denied in Visttron v. OSHA on March 28.1973 in the Sixth Circuit, a permanent standard was proposed on January 17.1978. (43 FR 45782). hearings held in March and Apni 1978 and the final standard issued on October 3.1973 (43 FR 43762). That final standard was not judicially contested, sithougn the entire process consumed 16 months even after the Manufacturing Chemists Association and Dow Chemical Co. on the one hand and E. L du Pont de Nemours & Co. Inc on the other hand informed OSHA that such substance was a potential carcinogen based on both animal and human evidence in March and May of 1977 respecuvely. h. Beryllium In the case of a standard reguiatuig occupational exposures to beryllium, the proposed standard was published oa October 17. 1975 (40 FR 4814). Hearings were held dunng August and September 1977. A final standard is pending with the process to date having consumed at least 51 months. la sum. OSHA believes that the length of time consumed in official regulatory and judicial processes wiil be shortened after, the proaulgauon of this Pan for the following reasons: the periodic announcement of regulatory priorities and advance notice of idenufication and. classification criteria wtJI enable all participants in the regulatory process, including OSHA staff, to act with greater efficiency and cenainty in framing the truly cnucal issues ut any rulemaking and locating the required technical and scientific expertise eariy in the proceeding. This should shorten and sharpen the rulemakings. Also the renewing courts will be presented with rulemaking records of improved coherence, relevance and reduced size, aiding their deliberations. Other adminutraove problems faced by OSHA in promulgating regulations in this area on a caee-by-case basis are expected to be mitigated by these regulations. OSHA had stated that the present system unreasonably takes the time of scientific experts who were asked to present statements concerning identical issues in various proceedings. For example. Dr. Rail (Director. N1EHS] testified: .. t think the discussion of the issues can and should continue forever. Mr. Hanson (of Dow Chemical Co.) Which forum, sir? Of. Rail-. In scientific forums. Sometimes the regulatory seency nas to av--ana I think it is eerecuv prater--mt re me sans af it. The point resiiy is mat me 5 *C!2 .-> * s. '* j jufsu C< M' CMi m` a 15- sCfCN 3 C :."3> ( p7-*, ^ ^ b^ -- A GUIDE TO THE HAZARD COMMUNICATION STANDARD Copyright 1984 By c THE REFRACTORIES INSTITU' r s ^ ^ i - - ^ .'1 `~ Pittsburgh, PA 15222 (412)281-6787 REFRACTORIES MANUFACTURING COMMON CHEMICALS LIST The following list of chemicals has been compiled by The Refractories Institute's Toxic Substances Conaaittee from those sources* specified by the OSHA Hazard Communication Standard for establishing that chemicals are hazardous or carcinogenic. It is intended as a reference list of those substances coeaonly used in refractories manufacturing facilities that appear in those source materials and require an MSDS under Che OSHA Standard. This list is ttoc to be considered comprehensive or current. CHEMICAL NAME Acetic acid Acetone Acetyisalicylic acid (Asprin) Alumina (alpha Alumina) Aluminum (Metal and oxides) Aluminum (soluble salts) Ammonia Asbestos Asphalt (petroleum) fuses Benzene Benzo (a) pyrene Borates Borates, tetra, sodium salts--anhydrous Boron oxide / Butane Calcium carbonate/ marble Calci<xa cyanamide Calcium hydroxide Calcium oxide Calcium silicate Carbofuran Carbon black Carbon monoxide Chromate Chromate as Cr, Chromite ore processing SOURCE* DOCUMENT e c Si 41 0M e0 aC 8 uu U U N CJ n -J u < > wa < aUm. O z xx XX X X Xx X Xx XXX X x xx xx x x xx x x x x xx x x xx xx x -x x EXHIBIT i 3* C r \ c. June 2, 13<& Jir. J. JU Stott .north Aneri-can Hefractories Ccra^ry national City East 6th Building Cleveland 14, Chio . , Soar Joel * At a. rescat'ssetins f the Board of Directors of the National Jhaula; Hsa-dfastarers Association, it was brought out that one of the eager insulation ranufaciarer3 was planning to add a cirutioucry note to containers where the products involved included asbestos as a ccuctit I an attaching a copy of that portion of the cdnutes of this aeeting which gives the details of this step* We are planning to use this sacs cautionary note, having it printed on the hags when cur present stocks run out* The aagle-?icher product involved arcs Super "66" Ceuent, Cho-Cote Cerent, **33" Cerent and *43" Cctsnt* l.ar corresponding products are: Staa-Cs and tfaicote* At your convenience, would you let us teo:/ if you wish siallsr action taken with respect to the ccnsnts which we are nanufacturing under your label; Sin zz saczs-ficgh. ca^jcrr j?a/sa Att. * bec: Hr* S* F* HunsA. L* Jones . c r NORTH AMERICAN REFRACTORIES CO. ATtdNAV 6ITT* (A>T C\h WltDtuQ C V t V C W A 0. 0 M 0 " 10, ISM * TSso rjl*.flchr Ceepaay laaolatleo Ofrifioo ,, Antrleao JolHia* Ci&cltaatl* C&l* 45201 AttntimsVNr* P. .2arriftt* *Cral Salat Ktii;r Xadootrial t&aeltcl. poor ter. 2rrU$tca: V aetscvladto tod tbaak yr* for poor lotttt fried Jun 2, Uforotaj of tb octtoo tekta t a rent ^*cUs of {be 0cr< of Writer* of fh Xatleatl Iftlatioa teisufaetvtort Attoeiotico, co^ctralog adding ctvtiooarp aoC to ecattlnort rbr* ?rMuen {BootTd I l&clido *tbotco * a ettltm(. 2: Ifl tot*4 that 70m? captoy it plannloi to oto tbit n< eutiofttr7 ot, htTisg it printed 00 th b& yovr fttoct* *rt AccordiagI ; tbt JUajgrarat of OMr.cc^ptny 1 dotiro** of bavin* tMo fttoft eaoclofttry not* appear ca our corrMpondlng product*; arvalp, ITA2 Off ed OffICCTS. So far at cor prrdueta art eooeeraod, thit of bo aee7lUHft4 cither bp havieg th eota printed r lb kqi r applied bp tbo at* t a atlcktr label. It it vliVdttp regret that n iafora poo of tKa daatb of Jotapb k. ftotl ro April 30, 1944, after a tvo oth lil&vaa. * Ttt7 trolp yewra `rein jusmr/jt imurrrtcs . SAXifd C" r J*?. Cirriaptcs rt--* t l leu* ! Wf kJ~* 1 1U*<, 1 //*) V fci.-- ;** ro A. b /TT* *\T3 id, \ zb*cct! uc* terlsrj D;.':nctorios %# "Cauliaf' liitixtj , \h acts 22r, nillcr'o lottor cf Jir.o lot'j In car.rr'to /ror Ir. p:'-7 .ef'Jas tl Ca irtHsalcd approval of Un rx-Ui lcln;.7vintoJ cn tiu 'fee? cr applio.'l fc/ tba coo of a stio-ar lalwl* Sba nr? a-nro tint Va lilxl ilea viIX fca a litllo e^orolva, up Co Ir.JS tin ouot cf tia bzc, d\s siir2j to t* enact cT tlno to adl~;\) tla Ter 7 ~r. .J.4 -- r'r^-2j cf prirAci 5taa-3n Cxani bt^o uruLi list 9 osrrtho at ti mta cf unco ~ tia first eln asntba tiiia ynr* Qo tia Uniooto bic tavo cn Uuil arsi hew ba-i no unen durirc t'a first els canibo of Uiio year, Actually, \o tsvo col ail/ 7C0 baco in tio loot 211 /cars, L*o still law ti ericiinl KC7.I7 pursitsod in 19^0 2h/s tills product rredo a litila transfusion to pot it bub into dmistiao* Wb await Tsar AL^Tp- * 1 V*r. T!fl?irt.b7 tur. a=n L.7* Sentant A! fans V i/ II D rf i ' ( ( ' ' 15 ; Mr* Alton L* Jones JOPLIN INSULATION PLANT Dear Altoni You have probably already seen the letter from Mr* Miller of North Aaertean Refractories Company to John Harrington asking that the Caution notice be applied to the products re make for-Narco* Lou Kontant informs me that the produc designations that you rill rant to be covered by this , ~Ca-u---t-i-o--n-----n---o--t--l-o--e-----a---r-e- i Narco 5tac0n --rp& <?>hc Narco Unieote ,, Socc a. tCiu< Vill you please proceed accordingly, Alton? YTT.c/gs V* 7. McCarthy cc-Mr. H* ?. Nunn Mr* J* P. Harrington Mr. L.' T* Montant EXHIBIT E N037,< AMERICAN Rg=BAcfl.-ilE3 CO. ..Hitra] oamnt HANNA OUlLOtMO LAST MTH * lOCUlO CLCVILAMO. OHIO Mttl HANT: SHINTO: FtTXCEUXD 710B4. r CJUOIT IU. TO: OAT gsuxin crrr mn CETTIAL STCirtOOK C5UKXTX CITT, XLLZ30ZS 62040 cuurm cut stbl csrmi omos CUIX7Z CITT, CXISOXJ (2040 ANTICIPATED SHIP OATS NET 3 WS Hgj 1^ . 13 E21T THICIAE TUSDISI SLITS OATS T3LLAL 02051 CC3S13TD8 Oil ............ 8 13 1 13 . IS 13 13 23Z*/&at 45*/Ca 45$/Caa 13 ITmiIs Iutl3( Ilodl U-lUa .- . UtP*t Sosslo Brink 80-73/03-47811-242 P?pr Pitt* Irisk 75AJ7-U0CU-7O333 . , .. Low Plato 3rltl 73/L7-131C1S-7. lMt Botalo Brink 73/L3-d03SaC-l-*t73 Sukaor-oi Souls 133934-3 HXAlC Bertar (3 kajpl............................ 01X21 221L (LaSrl&sat) P.3.C. (Lakriasat) Joint JLoot JCC lea... lea...: . i J 183. 111.. 93.; 94.1 17.: 146.: is.: 101,! 202. < 6.: (Ccatisnad Pago 2) SPECIAL INSTRUCTIONS XmilAL CCXDO m JA?A2. 323 HAZCO 7.0. #73143 TO SUXITQf) COT?. CATS 7/4/S HA2C0 TO BA2PLX ggCg S7flT33AS2.. . . . BHIITC* ETLiKD 713IC3T A2D 0. .3. DCTT (17 ATT) 2321 703. CCSTC02*3 ACCCUTT. B?0*T ?ATI2C COSTS* Mirae USD DOaSfflKlXtCS RU TO IS A3SC1325 IT OT0S1IX. .................... SALtS Q NORi H AMERICAN REFRACTORIES CO. Eltra HANHA ULOmO IA*T WTX A fVCUO CLIVtLANO, OHIO AAtll C*SDIT ILL TO: 3-13*4 OATS Pi CiASITS CITT STZZL L ANTICIPATED SHIP DATE NET 301 u?ca sorcnancs or tsx sms-.. news ccacuuxoi or ms mu. 4JTD C.C.J.'* ACGTTJJTCX, THZ WLLCW236 lUmilL II TO U XVTOZCXSl m u. X Ui tUilif Isl Cssmu 3114las Ho*xl Ks4 Jcrtict . aydraulix CylladAT 100 3U. X 45 DIa. x 120 St. X 140 Z ?ralax 5*rlc 8*7: ' 4) / 1,003.3 1,389.9 SPECIAL INSTRUCTIONS SC RElEAStO TO PLANT 5-74 &RICK TERRJTORT CREDIT }____________SPECIALITY TERRITORV CBES'T 'COOE~| 8-7* j I I t NORTH AMERICAN REFRACTORIES CO. ^'"iTtrai,_____ CLEVELAND, OHIO 44114 I SALSS OR ^ant VOMELSDORF CtSlToo** ROUTE ViA SY T.W.X. LD ev mam. l *<vnc NOT>Ct CODE e/c TERRITORY CREOiT 399 BUTLER SS 13 S-74 4S tMiunoi roRANlTE CITY STEEL CO. GENERAL OFFICES GRANITE CITY, ILL. G0040 rnm*rrmrTtr uac law. TO Mwiu T'same STEEL VORKS STOREROOM GRANITE CITY, ILL. C93 vll L sh.^.nc DATes:SHIP TO ARRIVE RO LATER THAI 4/22/77- SHIP ASAP DATE ENTERED CUSTOMER ORDER NO. evt* (Q mo Cv^tM&CAt*cn REOUESTED ROUTING RELEASE 4/13/77 30 *3 IS 2 RELEASE NO. TERMS NET 40 OAYS ?0ffrL5DCRr X PERM ratioT .arc oo I COL DATE MINIMUM wE'Gwl n tzxY .40BT 4713/Tff----------- m S3 ^000# HARCCGUN PD-345A 259.00? >ALLET DEPOSIT 3.50Z ftwuwttiwCTWicnoimf 1 aAHffw Ouiin OlKMW -- NO vw-e/ick 10% Y-StKlll 30% Y -- Otnr O'KOWAt Owucia* MR OtRO' RflCII't COOtttttOA Eaw.'Uttion-- yii D h*C2 Sit. SHIP FULL PALLETS* FUTURE ORDERS VILL BE AT HIGHER PRICE PER RCC ^-C--Tt3 Jp.iCtl "C a t:s :.r3 " ex ar OATE 4/1 S/77 C*| EC nC9AOT'!MT north AMERICAN RE 'RACTORIES CO. -'lltraT- CLEVELANO. OHKV4/J 14 I sales op: plant VOflELSDORF OUT VI*. *l '*A.k<MOC' 199 CONRAIL-TRRA DELY S rB2 a granite city STEEL CO. GENERAL OFFICES GRANITE CITY f ILL 60040 -OtiCI 0 s r T.w.x. COOE e/c )5 6 PC T fiRlTOfiY C COlT ! m ^1. S-74 4S | S- U( a tOkS re wHkCtt *-...itc GRANITE CITY STEEL CO. STEEL WORKS STOHEROOfl GRANITE CITY, ILL L JHIP.INC OATES: SHIP WITH $*677 . ............... .... fi<5& acr n-AL. i u." j ii COjElrral, CLEVELAND. OHIO 44IN '/f^' sales 0^ PLANT Cui*OM(A VOWELSDORF ROUTE VIA n. 0* LiOiNC *0?<C1 o* by r.w.x. CODE 9/C PC BY MAIL. TERRITORY CREDIT 399 BUTLER Ss )3 S-74 45 | S- r ff?AlTE city STEEL GENERAL OFFICES GRANITE CITY, ILL $0040 rowiicwcpn o' ***< t HliS TO UN(,{U 0*--l-.vl GRANITE CITY STEEL CO* STEEL.VORXS STORE ROOM GRANITE CITY, ILL L SHIPPING OATES: ASAP DATE ENTEREO CUSTOMER ORQCR NO. <utr o l*tmi ft < 0*Tt REQUESTEO ROUTlNC REi.CA( I0-21-7S 30-22474 A EL.EASE NO. TERMS NET 30 OATS IX IS VOICES ARE P. O B. gOPELSDCRF----PEHHA SZ7FT C lO**T .. I PQQ ICOl I DATE MINIMUM W ISM 0 N |Y f51 ."40--jT0*2'I Tjg----- **W 4saf_> 4 rgiTji tf aw i'a Kjflfih 24000# PD-545-A <3 PALLETS) PALLET CHARGE DEPOSIT >39.0* 3.30 BlttWQUWSTHUCIIOiq#. AUpw OMi.fi OUcewnt -- No VM -- SflCK 10% Yu -- SO.Ct.1 20% Y -- oth.f OiMOunt OHuCtM Otn.r Pnein, CRRcmiOA OS LJEOuaiitation -- v.t NO^ S-t. iswgumuMiwcyiow98.t SH0V CUSTOMER ORDER NO. ON ALL PAPERS AND PALLETS PRICE PER TGR PIS COfBlNE THIS SHIPMENT WITH S-S39. GRANITE CITY TO 9E CHARGE FOR ONLY 7 PLTS DUR TO 1 3CRR0VE PLT FROM CHIC AREA. PRICE 4 TERRITORY CREOiT `S.C. CP E*. CATg 1: av i .r:e. SALES DEPARTMENT ----- - rtcf nAt i ur.iS CO. CLEVELAND. OHIO 44114 iL sales or PLANT eu*tox< - ~Q- - ROUTE VIA ill o MOtcc o* BY t.w.x. CODE 8/C 13 BY MAIL TERRITORY CREDIT LJNVQ.CC1 c r GRANITE CITY STEEL COflPANY GENERAL OFFICES GRANITE CITY, ILLINOIS 0040 L 03 5-74 vaMMUMfeOMtr ***** *4 AS c. TO unuu OTH(>ait( W GRANITE CITY STEEL COMPANY STEEL WORKS STORE ROOM GRANITE.CITY , ILLINOIS Shipping OATES: OM PR ggPQptf APRIL 21. 1976 OATE ENTERED:| CUSTOMER OROER NO. CVT. CO. *co^cr*oOMAUTfO 1 REQUESTED ROUTING 1[RELEASE 4/1S./TS _____30-11-S 4?____________ l RELEASE no. ! TERMS ) PRICES ARE F. O. 0. 1 NET 30 DAYS | VOKSLSDORF 1 Y i prwufi . TW!WCSK^i^ *atio**r u>( f OATS r.;:T* ppoicolJ 29 40 N 1Y N 1 4/1 5/73 MINIMUM WEIGHT 44 rf ' 1 2 9 4 5 7 a 42 ,000 9 10 11 12 n 14 13 1 _ 17 11 19 20 21 22 22 NARCO GUN PD-345X IN 100# BAGS 1T/L BagaMOUNgwenonar1 Anew Ouiars OUeowflt ~ no Y -- 8riek 10% Y* --SP#ci120% v -- otn*f OUcount 0Muei4 Qtftar Pncin$ Cone**iion. ClEouautition -- vt no ra Slit Q PRICE PE? R A *L PRICE & TERRITORY CREOlT /. , I CA "V miTnur nniin SIDE UNLOADING* SALES OEPARTV'.ENT 225*00 NORTH AFRICAN REFRACTORIES CO. DIVISION OF ELTRA CORPORATION CLEVELAND, OHIO 441U C Li ^ <*#4**( 399 PARSER outc >. OLIVER VNS r3 GRANITE CITY STEEL CO, GENERAL OFFICES GHALITE CITY, ILL* 60040 L S rTi.'iC C3 9TM.it. coot c TEtTO T CCOT io 5-74 45 m< Ov9 T 0 VI.lll 1 |: ,*(; CRAMITE CITY STEEL CO. STEEL VORKS STOREROOM ' GRANITE CITY, ILL. o*rt: AS SOON AS AVAIL- OATC ENTCO60 customer o.oe* mo. UIT, .tO. *9.| c5vtw* o9u4cT*19 * CCWEJTCO HOUTINC *6U6 9/15/72 52128 I. ' "euease no. NET jo o.rs ..ice* .<* r. o. 9. 01 COl. WIN -MUM e IChT FARER,MQ NN SOM 6.00NT 30M S.00NT , a=o~c:ii> 22 000/ NARCOCAST 60 CAST.IN 100/BAGS 050/ AEROGUN IN 25# BAGS 300/ STAZ-QN IN 50/ BAGS 182 364 67 NARCO 68 PR-10 ANCHORS H-3SQ0 BENT-TONY ANCHORS TYPE 310 NC-9 VALL ANCHORS * 310 1*75 m .22C0icl 183* esG* 210 300> 22C. 319 290. 183. 210. 220.: A* 1, l.t TYPE 9Sm PROTECTION. BILLING t LESS 7-1/22 ON NARCOCAST 60 Y 15 e. RAU e.rg . 9/15/72 time SALES DEPARTMENT IT /O' . (c NORTH AMRICAN_REr FACTORIES CO. - EIrra ' CLEVELAND. OHIO -i-JJ U pvant CW'L""<*! V0MEl.SD0Rf aOUT V.A 000 WILL FOLLOW >u5* S svT.w*. ccoe | 8/c -- J} S r. I- PC reaatToav caeoiT .-vO < S L-S7 2S rE COMMONWEALTH EDISON C0f?A NY PO 3OX 153 PEKIN, ILLINOIS 1554 SA HE #3 POWERTCN PEXia, ILLINOIS L *h,..,nc oaresi PRODUCE WEEK OF 9-13 FOR DELIVERY BY 9*20 oat Nreaeot customs* ooe no. w mo . ojfa"*tt> requested routing las-, 9-1-75 1 WILL ADVISE EL*S no | teams I aices Ae f o. 8. !"pmcS)>sM net jo jays ORELS DCS T----- X PENHA. N |Y IN *TC I OATS minimum w I m J.HM. .LJikUffgg awssMaasa gkim 1^11 ai. 11 5000* CM-18 IN 100# BAGS X1 00!# 2 45 241 l.J tfenaaiwgHi*iTmicrionj-- Anno Qe.i.rt O-lC'-v"! No G v1 -8'><M i O': v SeC>i 20*. G **\ ji nf O-tcount ONt<-TO Ci** Of<cmo on G c EW-lf4tlO -- V NO S< SPtSMCUHfl UmU WILL CONFIRM ORDER 9-13. TYPE *Sm PALLET PROTECTION SHOW C/0 NUMBER ON ALL PAP AND PALLETS. ?43T;Sv ~*i: CREDIT APPROVED. RV 9-7-75 C.M e? nco^OT>c*rr 1 XOKTH A^lzmCA^REFKACTOmES CO. CLEVELAND. OHIO 44114 ptAur Cot '0~ 210 Farbor oure v>* | V.V.i' 1 1 SpoJ. r Christy Firebrick Coapany 3144 North Brodvay St. LouiJ, Mo. <3147 L 0 r ? . x S t MAH. ^ cooe 1< c TtaaiTOa r-{Oif ..........[.7.3 S SbZi ...2a yy-iQ<________________j___~c * *C_w__s___*_o_____________ j'tw.ta SJMt Shrink wrap. Include Order C-4K7 with this ordar. /fit* . NORTH AMERICAN REFRACTORIES Cof $Fa36r<5 * EltT3 s CLEVELAND, OHIO 44 r. 4 -- -rar-m3r_--_'____________ c scs i 9 : _______________Z_*e_2_._T_x__________ ,210------- Orrrrrhcln Spec .--S----- ---------!za- ------------------- 9,r-T4:,-,3.Jj,,i,,L.3 .s-- r Chriaty Pirabrick Ccapany 3144 North Broadway St. Louis, Ha. 63147 L Ssjb* O T 6 S; OAT sTEsJ CU5?V5'ofl's'A so cvjt .e*. *3 -13-3-73- --------*-736----------------- 0lASN3.| rSM5 I >CSS *S p. O. 5. "CC-SSTS3 SUT:\; xiNiMyg ;iCbT fL | 1 x 304 9 3,0000 1,600$ 2,400$ tf i Z 6,000$ i) 1 1,600$ IS Msdi ms23SS25 Parber 9 x 6-3/4 x 2* Stria. (1 plt]_ 1.50 45 6 Narcolite Castable -50$ Bags (2 Pita) Narcoaet Mortar -200$ Dnsu (1 Pit) Narcoset Mortar -100$ Druaa (1 Pit) Super Narcocaat - 100$ Bags (2 Pita) Superchiaf 5 Mortar -200$ Dnma u pit) 3000$ 1600$ L 2400$ r 6000$ .i 1600$ 213. 209. 154. 199. 156. 212. 20 .38 209. | 194. 1 199.. i 156.( j 212.( 1 7 r/=q. 456 It < zs 21 22 23 rag Use shrink wrap pallet protection. Show C/0$ on all papers and packages. Billing: Allow dist. discount of 10% on Brick and 20% on Spec. 1 *.-3-77 NORTH AMERICAN REFRACTORIES CO.*' DIVISION OF ELTRA CORPORATION CLEVELAND. OHIO -5-ilU H.1XT * 'l* *"1 | OUTS Vlk 21 o j aischel.; rnz cisiisty -i:uz;uci: cj 3144 CKOALCAY 37. LGl'ISj NO. i3l4? L .V l, ir.i/.v j t T ## 1 "" ST SI. >(_ 5' C ?;sj *;o - 7'j o- . ; v/.-i* ti SO.i ') -C - S ( i a niL-jwuAi N--Vi * 9970 r-.Aui JO* 3 i Lj'j Iw y .iJ LTiILuI .<u AT juLiI w` J 3/ J i J .'4 W w . JmiinC CTES: 1 Il'J'I3 uA ^> lutl'.Uil i2 1 9 7 J -- oUili- o*re 5st5; CUS^Sv.ea cajr9 no. e^J* c: .o , f :.$rSsc* J*3t. 3*J3 *SCS7S3 0'JT!S<5 *-: 3/22/73 31217-o ol;.L<uZ 2 ag1.:lS SO. 1 TJU5 ) oorcSJ ig f. 0 . 9. sg t JC Sirs L/.*!. 0 ISC. .40 ... -.* iri:st Z iC? IklwLkil.ll Hi'? i '70 13Z lAai;zj kinst zon last l'.nl'Jaoing: * CO*". C-S404* C151ISTY #3 1217-1#* * CHANGE C0I.31ST 1NG Oft 4 is*cci* wAivCOLirz 1:: sOcvifr 500# NAA CO0E7 35 I;i IOC# OA'JiiS 70 o LOADED LAST XOH ? 11137 "iNLOAJ 1.4u AT CHRliTY FI3E3P.IO:: 3*00C> wAitCCCAST 20 IN IU0 4 2Au5 3 * Q 33 f UAACOTAd CASTAJuE IN 100# mtCS I *600# NAT.C05E7 5S IN 3001* QZVU3 2*4C0# NAnCOSST 55 IN 10C# DSUNS 3*000# AI_SE7 DAY IN 100# JAGS 3*(JC0> NAACU 505 PLASTIC IN 100# CA/ITS 3*00i# SKUR-ilAH #214 1.1 ICO# CANTONS 1 *3oo FAtiS&n 9:<4 1/2X2 1/2 07; 1 .CC 0CL0 # 3GOC# 1 O 00 r 2400 3 OOUQ / 3000# 3 000# 1353 HliO 105 10 l 73 ICC 1 13 Z1o ij5. 4c4 105. 1 ;3. 17 5. 1 0u 1 10. u 1 o'. PLS. CONTACT CioIIJT*;* uN -- O? JKII'T wO TN-.Y CAN . AI IP 5 .* 3 # NANC 0 $^1 ~ j.i . 10. ..-- <. lL Lo 0 j o ?. A ~-.T .00 --*-- *j.* types c* <s s- p:.jr. ia7/L: -send f::L:c;.7 cill pc-7 pay:ent to* chp.ijty n.o- 31*44 4;;OA-*:.iY 17. LOO I- -iJ." T* .:* . . - -r 0/2.i/7 3 ES DSPASTMsN > * NORTH AMERICAN REFRACTORIES CO. ^ DIVISION OF eltra corporation CLEVELAND. OHIO 44IU .i i SOU" VI * rs: <J AJi 13 T Y r I:; 3 1-tA NO .IT! I 5 T i.Ju IS J IJa U0 yd l K 1 L Vo - * T w x. 9 -i 'l rrr 9tvm. ;a*0 :sj: "^ **"C * S3*3 | v.-,:,v 1 - -< 1 H SC S' XUSvUTtl 31.VI..J >973 PA -* sLVu* OT uuU I 0 t NA.lr.i / =-'! ,,; shi>s6 a * Tgj: .<*-J j* A'.'LiO ;\KLi"A 3 ! i \Prri'-\ 10 -* 1A - ^'rO CiT CUS^TCiTooEiTTo icuJT. tc. -.0,1 ..VrVjT-tO 1 "E3US5TSO 'C'jriNO 'd \ / 73 ^Uir. flg'.sJSS NO.I L u. TS1WS NT JO 0 A T i ISO* p*icss *6 o. e, Li:- LA; A'J sr? r ^:i ;s - .v .V MINIMUM #PiCT 3ZS3 'j ADO 3d0 .*AuCJLITi 1-viLL.A 1 i.s. L-.3T-V.iL: I.sl HAns .vAHOL'S&r 33 I * l Jd 7 uAUaS >40 3* ^00 3V J * iTs7 S 30: i vj SC *4tVfp. I i>Cj j*)T PA/.L-T7~ >:AH00?-IT '`M-TV'. * c-jfcA. Tr.lS O.Ima I*Tj AdVIStL* f^-.ODA'OT I`'^ -jChh.^oLt. _ JT i.j .J-jT i-r. I? .f!!,, = iLUsii u?.sn Vw- -4.c -/M//0 <iUr^ "ffSipTMCSlT . xorth American refractories co^ $JAJicW DIVISION OF ELTRA CORPORATION CLEVELAND. OHIO 44114 PLANT CW*'3V<A *o J ]10 K^iiUKr. ROUTE VIA oasciis'l:: EE E3 fcHiiiiT/ 7i;jsr.:-rcic co. 31*':/; X05.TH Li.OADv. AY ST* Laois* EG. G31A7 i 8>WL Z* 'M5T.C t O* BY T.W.X. COSE s.-c l'J 70 jk:z SAL; BY MAIL TERRITORY CREDIT iL 3-7 i^ ** Ai J3t3 T- ..,,.*51 S " I 'il L SHIPPING OATES: SE?TEI-;E3E;i 2* 1971 DATE ^NTERBO customer oRoea no. CUST. #sa NO 03t 0*r3 REOUSSTEO ROUTING 7/V7/ 01-143 NO. TERMS PRICES ARE P.0.8. I NET JO OATS LSCtfiiiSG.OISC* FASBX&SSO ty,vi ppq i coi MINIMUM WEIGHT S3- 1 3000i l 300C.f 3000# 4 200# __ AEIOCAST L CAS7A3LS Itf SC# BAGS I xalcolite castable in* so# sags l 3QGC6 122* 1 30004 190. ALSET IX H)0# BAGS 1 '-JAijCDSPAA ALAS TIC I;J I OO'/CALTOXE 1 3000#' 165. 2C0#1 115. s jl22 }l90 1-os 115 t2 1 $ 60 9 30 to 12 II 1? 15 * is l t 1* 19 73 II 72 23 ' . 4*.L.. FAIvCEi: 20X9X2-1/2 TILE CUT ?:;0X i 24X9X2-1/2 VILE 5.33 : XAXCO CG 9X9XS-1/2 STS. * 2.00 i BO 13X4-1/2X2-1/2 ST3. 1 2.00 . DO 9X2-1/2X2-X/4 SdA?d , 1 .00 ! r/Eu. i i i i ii COMBINATION PALLET SXTI-sA 0 5.00 | j U i 192. 120 i07 5.-31 GO i CO 12 1 275. 20^31 ;1 15 55 75 1 I 1 75. comf*o:.dEi-. DO DOT D!JP. tv?s "O'* AMI) "5M iV.OTKCTIO:;. n iixi::c=s LESS icr. OX AEL30AX 7 L J loX OX o..rc::; 253 OX ZAL 1s c CL." o*rE 0/11-'/ 7 1 r;,,,e ... C l CC^CS^3T,,P'i'' *~ 48. Does Defendant contend that asbestos containing product can be manufactured so as to eliminate all potential health hazards to workers installing same? if so, please sta the following: (a) The date that Defendant first determined that another product could be used in place of asbestos; (b) The chemicaL of the substitute; (c) Whether the substitute is suitable for the purpose for which they are to be used; (d) Whether Defendant used the substitute for asbestos to 1971. (e) Whether Defendant ever used the substitute for asbestos for high or low heat insulation. ANSWER: Interrogatory withdrawn. KNOWLEDGE OF PREVIOUS INJURIES 49. Did Defendant receive written notice prior to 1963 that any person was claiming injury as a result of using asbestos products manufactured and/or sold by Defendant? If so, please state: (a) The name and address of each claimant; (b) The date of notice of each claim; (c) A description of the claim; (d) The type of injuries allegedly sustained: (e) The name and address of each attorney representing the individuals making such claims; (f) The style and courc number of e3ch such claim; (g) The resolution of each claim; ANSWER; No. 50. Has Defendant obtained statement from any witnesses including the Plaintiff? If so, please: (a) List each witness who has given a statement and the name, address, and job title of each person having custody of any such statement. ANSWER: This defendant has no statements at the present time except for the depositions of plaintiffs which plaintiffs' counsel already have in their possession. OUR PLAINTIFFS 51. As to each Plaintiff, do you contend that any Plaintiff improperly used your products? If so, please set out in detail as to each Plaintiff in what respect the product was improperly used. ANSWER: The Court reserved ruling on this defendant's objections to this interrogatory. 52. As to each facility listed on Exhibit 1, and as to each Plaintiff, please state whether Defendant contends that there was any substance other than asbestos, including but not limited to, those items listed in Interrogatory No. 51 or Interrogatory No. 52 of Defendant's Master Set of Interrogatories to Plaintiff, which contributed or caused Plaintiff's injuries. If your answer is yes, please state the following: (a) The facts upon which you rely. (b) The identify of the sources upon which you rely which substantiate these facts. ANSWER: Unknown at the present time. This defendant reserves the right to supplement its answer to this interrogatory after completion of discovery in each plaintiff's case. RESPIRATORS 53. Would any respirator, mask or other breathing devices prevent inhalation of the asbestos dust and fibers contained in the products listed in answer to Interrogatory 5? If so, state (a) When the respirator was sold; (b) A detailed description of such respirator or other breathing devices, including name of manufacturer and model number; (c) The basis of your claim that such respirators or other breathing devices will prevent the inhalation of such dust and fibers. (d) Identify any tests performed regarding the efficaciousness of such respirators and other breathing device in preventing the inhalation of asbestos cost and fibers including date, title, author and number. (e) Produce all documentation which mentions, alludes or refers to tests performed on breathing devices which pre vented the inhalation of asbestos dust and/or fibers. answer: This defendant's products were not sold with respirators as it was felt that the large industrial concerns to whom it sold its products were in a better position to evaluate the workers respiratory needs, if any! (a)-(e) Not applicable. LEGAL 54. Does Defendant expect to call expert witnesses at the trial of this case? If so, please state the following: (a) Their identity, last known address; (b) The subject matter on which the expert is expected to testify; (c) The expert's specific conclusion and specific opinions and the specific basis therefore: (d) The expert's qualifications to render the opinions set forth above. ANSWER: No answer required by Court order. 55. For each expert.witness who has testified for Defendant in other asbestos cases (both by deposition and trial testimony), please state: (a) The person's name and last known address; (b) The style of the case, its cause number, and its jurisdiction; 10 (c) Whether that person was an employee of Defendant at the time and whether that person remains an employee. ANSWER: Interrogatory withdrawn. 56. Please identify each each expert witness who is not retained or employed for that purpose who is. an employee of Defendant and will render an opinion within his expertise at the time of trial. (a) Please identify each document which will be offered into evidence by the expert witness. ANSWER: Richard A. Landy. Technical Drive State College, Pennsylvania 57. Does Defendant admit that service of process was properly had on you in this case? If not, please state why. ANSWER: This defendant has been properly served in all cases in which it has filed an answer. 58. Does Defendant have policies of insurance that might cover the claims that have been made by plaintiff herein? (a) If so, please list the name of each insurance carrier who may have coverage, the amount of such coverage, and the dates of each such policy. ANSWER: Discovery is continuing. 59. Please state the name and address of each person who has knowledge of relevant facts regarding claims and defenses of this lawsuit. ANSWER: As of this time, this defendant has not determined who has knowledge of relevant facts in each of the plaintiffs' cases, but discovery is continuing. Respectfully submitted, COBURN, CROFT & PUT2ELL Ellen E. Bonacorsi Ronald L. Hack One Mercantile Center Suite 2900 St. Louis, Missouri 63101 314-621-8575 Attorneys for Defendant North American Refractories Company 30 AFFIDAVIT Being first duly sworn on his oath deposes and says that he is Director of Human Resources and is duly authorized to act for and on behalf of North American Refractories Company herein; that the foregoing answers of Defendant North American Refractories Company to Plaintiffs' interrogatories have been prepared by attorneys for North American Refractories Company based on information obtained from documents and employees of North American Refractories Company; that he has read the foregoing interrogatories and answers thereto and such answers are true and correct to the best of his knowledge, information and belief. Anthony F. Rosa Subscribed and sworn before me 1988. Notary Public (Seal) \ a-- *- a sC *c 4& r * a a oa an 7 - 3 ^ 9 A a a & *O a 699a 0 4 7 ~ 3 jr s m* a a ^ & 3 9 74 * O* 7 a e 9 * * a3 4a A7 a3 3 A747 rr fi 7 a a c a ~ s &0 <--3 0 7 4 <6 <94 4 3 74^ 7+ <C 9 0>* 9 * a --S a ** 9 ** 90 c 9 9a a 7 ^^ * ^ n# ~--o^ 773 9 a * a O !*4 ^ -r 0 4 4 a a a * * a aa-- ~g^ a& <4a 9 9 30 *4 ~ 7 ** 734 m~ a * ft 3 ^ faf aI ^ a o> ?3 -ft >n > r *o -- o so ft 53? SS >a na -- n a o 5 7 i & o a ? o ao a 0 ma 4 * 3 & a o a 99 7. O- *< & 7 ^ Ml 3 a a a7777 a< o--&a C * 3 *- 0 3f<t 03 --7 3^ 9 CW*1* 9 --^ nx * n* 3 o 3 7* 1% 7 0 7 3 7 9 <\ 7 * 7 *a o a 7 4 * 6 7 a 7&a a 7* a 7 4 a a a *ao3 s7 ^a a 7 ^ s < *S o e9 ^ a * 9 ^ a fAt f7t0a--*<* o- a aft ft a a ft * aa a9 O* 7a 1 3a' G*2*+ f3w5l9?S15o15o15n59n33n5n15n15r*t*ol2--I2gSftSft wygsaaaooosiein A^AeflsAsnsAsfelAsnsA_Al _sH>a3 nlOZZZZZZZSZ01>A(1 eos ______ o o n e 8? 55! 89 roBt <' < 9 B B B S -- nflnnao sooooiS v> r-- en n b n ao* <*s O H S Cft (ft O tft {* H -- O n t* S 0.7 a *4 <0 ft o o 7 Cm s s Xw 7 < 3 V* 7 0 0 7 4 * 3 22I a a i a a Sw4***h o 7 a 7 c #C4 a n ft a a 9 7a 3 fi &0 -- 7 a ~ *ft* 0ft a a^ 0a* a 7 a aa 7 7 o 37a ^ 2* S* ~ ^aa& c a ma * 74 - a 3 / s 3 91 3 i a & 0^33 4 Q (* VIA sr* a, . /9* 0 0 --* 73 < o4 co a a7 c* 9 i*n<m g a. ;|9j 3 4 9^ 7 tf --fl e *< " 9 V *0o * f<e s o m >a &* *s f a so : qi a * M* a ?m?: 3 " ft ft " 9 <e a ft *4 77 a 7a oa > o a a < --a^ i e a a at4 a4 3 3 c7 a3 7--r.r *a 5* 9 < 0900 3 O 9* a*a ' aI 't &' 0 w> -- -------- -- ** --W 4" W O -- -- <ft w -- -- *ft -- 7 4 cw a 7 *4 4 / JWMuamuia-Hi iijijpBr * 1 - a * -- cn ! < a f ~ *r jr <!* J - <-**0 4- a s 3" .in"* 03 0ae >--*r*-t oft 4" a 3 ^n "O* o* 3 --< " " o a * c "" i" 3 caa *** --ft a h i*ssi9 a--<ng <* 6 17ft "If*UV^I " -ftO --^ 3 r* ft 9 7 < -7W - c 9 fffttt "<ft < ft fft*t > --ft o -- e o ftfot < "f--t ftft 3 f"tf^t ft ft 0 9 a 9 ft " *f*t ft3fcf. t ,, --7 4 9 7 O O 7* --3 a * <7 aa* 7 ft ^7 <a 7 ~ 4- S yft --ft *ft "o 9*0 a. 9 *i c ft ft " o -- 9 r. ft a -- a ft <-- *-- mma n 0070 ^ 3 --ft 0 73 *4* ft ft 3 ft ft a> <--* -- a3 Cft 9 ft --*f90t* f0t ff*39tt f--t --3ff7fftttt*OOfOfftttt IJ3 7 # ~ ^3 A 3 C 7a * a &a oa 9a -a d. a 97 aa <* a a *o 3^ k IIIItII III II II I* 7 -- *ft* -- -- 7-- O-- ** -- -- 40 37770 7ft 7ft ft 77 y4 ft" * *43 --S'-- -- -- < vt o7v*^ytw*** v vi* ^s* 8S23! ft- r o *r - a a a - * < 3 o v < a ^ a3 a *e3 a a--a a a \*a n ~< wa q ^ 0 7a* a a7 aa h a a 7a a 0 7a 7a a 0 a **a 7 *1 *S 7 # a< 4*0 7 7 a a II I ?< *M?^??^?:. * a > a0 oa % 7DQH7 THE REFRACTORIES INSTITUTE SUITE 1517 301 FIFTH AVS PITTSBURGH. PA 15222 41. September 15, 1986 Tb the Masrbers of the Safety & Health Qarniittee: SCSJECT: osea xsBggxos sbuoato 0SJ& announced its Standard for'Occupational Bmbsure to Asbestos, Trerclite, Anthophyllite and Actinolite (51 JR 22612), June 17, 1986. R. T. Vanderbilt Carpar.y subsequently filed suit regarding the standard, which resulted in OS? granting a temporary nine month stay of those portions of the standard which apply to non-asbestiform trenolite, anthophyllite and actinolite. A copy of OSHA's July 18, 1986 letter to counsel for R. T. Vanderbilt Oaqoany is enclosed for your information and action. OSES is to announce a reopening of the rulemaking and will request Garments regarding regulation of nort-asbestiform trenolite, anthophyllite and actinolite. How is the tire to formulate your consents and recennerdaticns, prior to OSSA's announcement. &fety and Health Gamuttee members are encouraged to send occments to TRI by OCTOBER 31, 1986. This will be an item on the next Sety and Health Oamuttee Meeting agenda. Giarles G. Marvin Vice President fs end. cc: TRI Counsel Cxnuttee Qoordinator Hazardous Substances Ctzmuttee a -.Af.C.SAi A$S0C-*:0-`< TO Pfl'CvOTf *i ;N:sa{$:s Of PffaiC'CSifS MA\unCTv<>{0S a*-3 '{ e*S U.S. Depsrtmant o( Labor JUL 1 8 ESS c maun s*onr< >or Occuwwuj S*Jry rc mun w*vw*?on. QC 2C210 Dennis- H. Race Akin, Gump, Strauss, Haver k Raid 1333 Haw Hampshire Ave., N.w. Suite 40Q Washington, D.C. 20036 Dear Mr. Race:** This is in response to your July 14, 1986 letter on. behalf of R. T. Vanderbilt Co. in which you request that OSHA reconsider your request for a stay of the provisions of the revised standards promulgated June 17, 1986 governing occupational exposure to asbestos, tremolite, anthophyllite and actinolita, to the extent the standards regulate occupational exposure to non-asbestiform tremolite, anthophyllite and actinolita (51 Red. Reg. 22612 at. seq.}. The revised standards-, which amend OSHA's 1972 asbestos standard, 29 CFR 1910.1001 (1985), are scheduled to take effect July 21, 1986. For the reasons indicated below, I am granting a temporary stay of 9 months (until April 21, 1987) of the effective dace of the revised standards insofar as they apply to occupational exposure to non-asbestiform tremolite, anthophy llite and actinolite. This stay is granted for the purpose of reopening the record and instituting supplemental rule making limited to the issue of whether non-asbestifora tremolite, anthophyllite and actinolite should continue to be regulated in the same standards and to the same extent as asbestos, or should be treated in some other way. This stay applies only to the application of the revised standards to non-asbestifora tremolite, anthophy llite. and actinolita. In all other respects, the revised standards will take effect as previously scheduled. It should be noted that during the pendency of the stay, the provisions of the 1972 standard governing occupational exposure to asbestos (29 CPR 1910.1001 (1985)) will remain in effect with respect to regulation of non-asbescifora tremolite, anthophyllite and actinolita. (See 51 Fed. Reg. at 22732). OSHA is granting this temporary stay in part to enable the Agency to review a July 11, 1986 letter from the Director of the National Institute for Occupational Safety and Health ..(NXOSH) and certain related NIOSS staff memoranda which have recently been brought to its attention, as well as submissions by the R.T. Vanderbilt Co. and various trade associations concerning the appropriateness of regulating non-asbestifora tremolite, anthophyllite and actinolite in the revised asbestos standards. OSSA believes, aa stated in our July 9, 1986 letter, that it provided adequate notice to the public that its recent asbestos rulemaking would address whether the Agency should amend the 1972 definition of asbestos, and the proper scope of the revised standards with respect to the three non-asbestifora minerals. However, OSHA.acknowledges that letters and petitions from rulemaking participants and non-participants have been received since the revised standards' June 17, 1986 issuance, which contain additional comment# assertions, and information which the rulemaking record may hot fully reflect, and which request an opportunity to submit further information on these questions. To assure that these submissions are fully considered by OSHA, to allow public comment on these additional submissions, and to invite additional comment and evidence on all issues relevant to regulation of non-asbestifora treaolite, antho phyllite and actinolite, OSHA will shortly by Federal Register notice reopen the rulemaking record on the limited issue of whether non-asbestifora treaolite* arvthbphyllite and actinolite should continue to be regulated as presenting the same health risk as asbestos, or should be treated in some other way. Sincerely, ., John A. Pendergrass^'' Assistant Secretary of Labor The Refractories institute 1102 One Oliver Plaza Pittsburgh. Pa. 15222 412-281-6787 May 1, 1978 omcc cp * Pcs-3Cn To the Members of the Environmental Protection Committee: R. E. Besalke, Chairman R. B. Arthur R. 8. Crawford G. J. Fink R. F. Grady R. H. Giffin Paul Klauss l. H. Lamar C. E. Lindsay S. C. Porter J. R. Wohler A. P. Green Refractories Company North State Pyrophyllite Harbison-Walker Refractories Basic Refractories Martin Marietta Chemicals North American Refractories General Refractories Company Babcock 4 Wilcox Company Kaiser Refractories Globe Refractories Freeport Brick Company Subject: Suspected Carcinogens Attached is the list of chemical substances classified by NIOSH as suspected carcinogens which some refractory producers use in their laboratory and/or manufacturing operation. This is the list I referred to in my remarks at the committee meeting on April 18th. You may recall that this list was used by the Safety and Health and Toxic Substances Committees for preliminary indi cations of how extensive a problem the industry might have if the proposed OSHA regulations were issued as proposed. At your request, we will use it in a similar fashion in anticipation of new programs from the EPA. Would you please review this list and determine to the best of your current knowledae: 1. Which, if any, of these substances are currently beinq dis charged from your plants and the method of discharge (air, water, etc.); 2. Are there any other suspected toxic substances and/or suspected carcinogens being discharged? If so, which ones and how? The information you report will be held in strict confidence and used only for the purpose of compiling a master list for reference purposes. No other action by committee members is required at this time. Please report back whether or not you have any chemicals to add to this list so I can be sure everyone has completed the review. It is obvious from the list that a very broad range of chemical substances is involved. If you are in doubt about whether a chemical substance being discharged is considered carcinogenic or not, report it anyway, and I will check it against the NIOSH master list of suspects to see whether it belongs on our final list. A NATIONAL ASSOCIATION TO PROMOTE THE INT .^9000 2 2* V* O o O' S' 1 O' VI ' _ JT* 2w o c' VJ w --* 'J xg o *Xi V o X. o xg o V o vi VI o oV o VI \jn 1 O o oo o o o o o o \o } o o Vo (V V ~T O O O Carbon T e tra c b to rld e REPORTED BY SOME REFRACTORIES PRODUCERS *313 Toxic E ffe c ts : C a rcin o g e n ic, N e o p lastic CA b N 1 & rsj CO o iA CO a > >> > VI > > VI A 3 A b A A H> AA ca V* C3 V A a> 3 cr -< C -c VI -- N o 3 rr 3 a -< 13 A 3 M& 3 32 > .. A 3 a O m ;*? m 0 Oo 3 3 N A 3 A 0* I/I r* A 3" VI 3 . a AA r r* r 0 < A VI A A -- rr < A rr S3 -- 3b-- " r* 0 o* b n 3o A3 A .. i A 2 &m v* A 0 > > m H > r A r 3 l/l 3" ~ 2 A c < o < --3 -- --I ft X* 3 Q. A A 1 o-< or a. 0 -- 3* $ O oO' a - 1 CL VI Z n a 0 VI > n CL ' 3 A <1 o b 3o O-- 3* & -< a. a2 b ** O a. w r~ A i A M ** >X a. o -( a ca -- <"X -- A1 z ft > n2 3m to O ft *n a <a (A <* oo re rr b i/i 3 rr Vt O r T a a. 3 2< A < -- > c n3 2b Oa 3 O AA a. O 2 r> -- O. 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A A A A /ft /ft (ft VI ft VI VI VI < .. * * z A o o 0-- (ft 3A <a ft A z-- Z A o --o< Z A O o QJ V (ft 3 --o A id t) VI ** (A /ft A /--ft r* n A 3 o Cl VI -- (ft A U33 -sj S' -4 0 X rCrttrt -H Q X VI A A * Ao rn mo -ft n LA A LA AO m rt o XCT NNJJ VftIl /ft O o VI VI Z A ' 2rt O0 o -- A& IA VI /ft A rt 0000 S ta tu s : Undergoing NCI te s tin g *4/76 2101 Toxic E ffe c ts : N e o p lastic A O A rtG2S00 c( v JO C' -4 f-- fs -< AS* NJ VI o o K4 V N> o --J VI V Oo (T> X- "A/ crv w o V O o o X- K) V o CO w oV Vo oo oo o /< 1 >-4 c: N) w x ^ ;V 2y/ o O Urea 0000 S ta tu s : Undergoing NCI te s tin g V 7 6 -< H H o i-t c 0} < A A 3 33 3 9C C 3 *4 3 aO o* 0> X 3 X C* CL A a. 3 a a o* X CL A OO oo oO o H0) 3 3 n `> o o. VI C VI -- *< -A 3C - -- VI A O a. > C~ 3 Q. CO --3 mO C3 --O --i W Oi O rr & A-- C 3 v> A r VI VI r rr C A 1a AA :j -- AA *o > oo *: o. =3 c> *13 A r 3* aC m V rr A 1 x- w . o oo ---- 0VI VI O a. a ce 33 c r> 3* 3* m-m OO 3A 4* -- r 0. AA O o o o V0 V O a a w. cc 33 CD > N A C& A A, 91 rr A `o O o o v VI mm* VI --* --* -- VI -- < w A f> a A oA 3< -- n .. a, 3 *n VI --* o O -- -o C Cl Xo c cl A -- O A A -- S A *< A O. rr in A O A N rr 3 A-- A O T3 A-- o O&UI- 1 s: X ---- CL -- A -- 3 v> A 0. I -- A A A A < A 1 3 CL Aa. r v A a O rr C 1w -- A *n A ft -- -- 1 a -- -- O rr < VI -- C N Ul A 3 n r 3 A A CL w (A rmn 3 AA A i/i .B* _ o* wo --* 1 1 t 1 VI *3 1A f c- < 1 A- > 1-o A l ^"* 1; 3 r* v_y 3 A 0"3 < < -- 3 >< n 3" --> O ---- c. A U< -- o VI VI -- H A rr > o A A ?a X r c> -- Xc A JO i/l 73 K) rt m K) < c --* -n VI 3 A A o Q, <1 Ac 1 wi to A oA 1O 3 AA <a -- A 3O z 0-- Cl |Q 3 _ AC 3 <Q -- (9 A O3 VI r* Q. A A 3 *- IQ A e* 3 ~J 3 CT' A O 3 0) 3 3 a oo in H H VI VI VI VI VI VI O O A rr A rr 0 AA X X A A A A -x A A mm r rr . . A A C e A C5 in m m 09 c in -H C m << **i * N) ; -a ^4 *4 *n L> C C "A W <wV A A LA 3 3 A WW A A LA Q. &A oo rr r OA oA r* o O V* in n o *1 in (Q IO * r Qo ZZ ^z oA A 3 3 A 0 (Q (Q O T3 73 rn-m AA . VI in r r* Z Z t o . Cl A -- in rr rr A A A AA VI vi rr r 33 IO (Q --a *C*Ti\ -i -4 VI VI VI o O AAA XX AA A * AA < --< < m m C 39 o *A -A ^-4 CS w **l -n V4 --* VI A A Va* o o A A Ooo r <A o o in in .z A O a m-m A in rr - A z A O o A m rr TM A a*o IOn V THE REFRACTORIES INSTITU 1102 OLIVER PLA PITTSBURGH, PA. is: July 18, 1973 To: The Official Representative of Each Active and Associate Member Company in the United States: Subject: PRELIMINARY CLASSIFICATION OF SUSPECTED CARCINOGENS The day after the Institute's testimony at the OSHA hearings on suspected carcinogens, OSHA released its long-awaited preliminary classifications. While these lists are only tentative and subject to change as the rulemaking process continues, they do give us the first authoratative indication of how chemical substances in use in the refractories industry may be controlled. I am attaching a list of QSHA's proposed Category I, II and III classifications for chemicals reported by members of the TRI Safety and Health Committee as being in use in the industry. There are 14 substances classified as Category I, five as Category IIf 22 as Category III, and one (Silica) classified both as Category II and III---a situation I am trying to clarify. Needless to say, I was disappointed to see so many Category I classifications for our industry. Chromium compounds received more attention than I expected, but coal tar and coal tar pitch compounds received less. Remember, however, that these are only tentative classifications. CATEGORY I Exposure to substances classified as Category I is considered to constitute "a grave danger" and such chemicals are proposed to be regulated most strin gently, first under an emergency standard, then under a permanent standard designed to reduce workers* exposure to the "lowest feasible level" or possibly zero if substitutes are available. Activities required of manufacturers or processors by the proposed permanent standard include (i) exposure monitoring and measurement; (ii) regulated (limited access) areas; (iii) control through engineering and work practices; (iv) respiratory protection; (v) protective clothing and equipment; (vi) housekeeping; (vii) waste disposal; (viii) hygiene facilities; (ix) medical surveillance; (x) employee training; (xi) precaution ary signs and labels; and (xii) recordkeeping.. The extent of these activities would be similar to those discussed at the May merrfcership meeting in connection with the proposed silica standard, but the cost impact would probably vary from substance to substance. A NAT.'CNAU ASSOCIATION TO PROMOTE THE INTERESTS CP MANUFACTURERS AND CONSUMERS CP REFRACTORY POCOUCTS 2- - t CATEGORY II Category II substances are potential carcinogens for which the evidence is "only suggestive" rather than convincing. They would be regulated less stringently, but the regulation would require most of the activities mentioned above in one form or another. A major difference is that ex posure limits, instead of being at the "lowest feasible level", are to be set at the level of existing OSHA standards (29 CFR 1990.1000), or (where none exists) at "an appropriate level based upon acute or chronic effects of exposure...other than carcinogenicity", or, if the present OSHA standard is inadequate to prevent those effects, it shall be lowered by the Secretary to an "appropriate" level. Also, there is no emergency standard provision for Category II substances, nor a requirement for regulated areas, nor the need for special lunchrooms. The difference in the cost of compliance for a Category I classification compared to Category II for a given substance could vary from trivial to catastrophic, depending upon the difference, if any, between an "appropriate level" to prevent acute.or chronic effects from exposure and the "lowest feasible level". CATEGORY III ' Category III substances require no special new controls but since they are recognized toxic substances there may already be recommended or regulated exposure limits which should still be followed. Category III substances can of course, be upgraded to II, or II to I, if new- test results or other con vincing scientific information is forthcoming. STRATEGY If the OSHA^procedure is adopted as proposed and these classifications are upheld, it is obvious that many extremely expensive and far-reaching changes in how the industry does business will be required.. This is not the time to throw in the towel, however. It i_s_ the time to get to work on developing a counterstrategy. If you have any data on these Category I or II classifi cations which would indicate they are incorrect (overly stringent), now is the time to get it together. In fact, if you can get such information in ny hands by August 1, I can have it included in the post-hearing record. Of particular interest here is the question of whether Chromium (III) should be controlled to the same degree as Chromium (VI), as well as the question of whether either deserves a Category I classification. Beyond that, it will take further discussions and planning to decide how TRI should respond to these initial classifications. One thing seems clear to me, however, and it is this: we stand a much better chance of softening their impact if we start work immediately instead of waiting for OSHA to publish final classifications. The time for response later when a notice of proposed rulemaking appears in the Federal Register will be far too short to accomplish any thing of significance. -3- I would appreciate hearing from each member who expects to be affected by these classifications as quickly as possible during the post-hearing comment period. JWW/hm cc: Environmental Protection Committee Safety and Health Cormittee Technical Advisory Committee Toxic Substances Subcommittee H. W. Fulton, Jr. / PRELIMINARY CLASSIFICATION OF SUSPECTED CARCINOGENS REPORTED BY SOME REFRACTORIES PRODUCERS CATEGORY I CATEGORY III Acetic acid, Lead (2+) salt Asbestos Benzene Carbon Tetrachloride Chromic acid, Chromium (3+) salt (3:2) Chromic acid, Oipotassium salt Chromic acid, Oisodium salt Chromi te Ch romium Chromium (III) oxide (2:3) Chromium (VI) oxide (1:3) Ethylenediamine, N,N'-DimethylN,N' Dinitroso Serpentine Tannic acid CATEGORY II Ethyl alcohol Iron (III) oxide Petroleum Petroleum asphalt Phenanthrene Silica, Crystalline (also Category III) Anthracene Boric acid Brucite Cellulose, Carboxymethyl eth Sodium salt Cobalt (II) nitrate (1:2) Cobalt (2+) oxide Ethylene oxide Fluorescein, Disodium salt .Hexamethylenetetramine Iron (II) sulfate (1:]) . Magnetite Mercury 9-Octadecenoic acid (2) (Syn: Oleic acid) 01ivine Phenol Phenol, Pentachloro- (Syn: Qowicide G) Polyethylene Polyethylene glycol (Syn: Carbowax) Polyvinyl alcohol (Syn: PVA) Silica, crystalline (also Category II) Silver Stearic acid. Methyl ester Styere polymer 4 Spl.fl administrator has a "heavy burden" to *e*pism the bam far hi* decision to permit the conn"ued uae of a chemical known to produce cancer in experimental immaii. ' EDS v. Ruchefshotis ID0T1. -438 F.2d 564. 596 n.at (D C. Cr. 18711; accord. DFv. EPA (hepiacnior and chlordanel. $04 f.2d 998.1XS (D.C Cir. 1978). sen. denied. 431 U.S. 925 (1977); EDF v. EPA laldrm and dieidnnj. 510 F-2d at 1301 tee EDP v. Deportment of Health. Education and Weifare. 422 F.2d at 1080-02. When firm evidence estxbliahe* that a chemical it a carcinogen, statute* generally leave an administrator no alternative but to step in to protect the public "On the other hand, when the evidence is leta than fun. but merely suggests (hat a chemical may be a carcinogen, the tame "heavy burden" may not attend adsttmstrative uiaetion. The decision to aet in auch a cate has been held to fall within the diacretton of the Administrator. For example, in Reterve Mining Co- v. EPA. 514 F.2d 492 (0th Cir. 1975) (en banc). EPA sought to abate discharge of raining refuse into Lake Superior "under an acceptaoie but unproved medical theory." that the discharges were carcinogenic Sl4 F2d at 529. The court concluded that the discharges should be abated. even though there would be a heavy cost, including possible loss of many jobs, to the local economy. Id. at Sl4~:o. 535 (Q. Similarly, m Certified Color Manufacturers Association v. Mathews. 543 FJd 304 (D.C. Cir. 1976). the Food and Drug Administration (FDA) terminated us provisional approval of color additive used to dye food on the basis of a vigorously debated study of the additive's carcinogenic effects. This court concluded that the FDA action should be upheld, based upon FDA's scientific judgment that the study was not conclusive, but waa merely suggestive of carcinogenicity. Id. at 29f. ''Courts have traditionally recognized a spectai iudiaai interest in protecting the public health, particularly where "the metier involved ta at sensitive and fngbt-laden as cancer." Where the harm envisaged is cancer, courts have recognized the need for action based upon lower standards of proof than otherwise applicable." Id. at 297-80 (foomoie* omitted) quoting EDFv. EPA (DOTl. 465 F-2d 528. S38 (D.C. Cir. 1972). The courts have frequently upheld regulations baaed on evidence of carcinogenic effects. See. e.g, American Iron & Steel Institute v. OSHA. No. 76-2354 slip op. at 31-32 (3d Cir. March 28.1978) (coke oven emusions): Society of the Plastics Industry v. OSHA. 509 F-2d at 1311 (vinyl chlorideI: Synthetic Orgontc Chemical Manufacturers Association v. Brennan. 503 F.2d 113.1159-60 (3d Cir.) (same), cert, dented. 420 U.S. 973 (1974). "These eases demonstrate that inevitable tension attending regulation of earemogens. Frequently, suen regulations have severe economic impact. Indeed, sometimes, as alleged by industry petitioners in this case, such regulations may jeopardise plants or whole industries, end the tobt depending on them. In such circumstances, the temptation to demand that the agency furnish conclusive proof of carcinogenicity at support for the regulations is {treat. However, the decision to delegate authority to an agency to control suspected carcinogen* is a legislative judgment ;hst is not open to Question m this court. Congress s direction to EPA to protect against mcomoieteiy uncerstood dangers could not oe earned out if w were to aaoot the proof requirements aavocated by industry petitioners." - This proposal marks a departure from OSKA's usual pattern of a substance* by-substance approach in setting health standards concerning exposures to potential occupational carcinogens. For the reasons set forth herein. OSHA believes that such an approach is not only proper and necessary but in fact compelling because of its "experience gained under this and other health and safety laws". (The Act. section 6(b)(5).) Moreover. OSHA believes that by establishing a rational and predictable policy concerning the regulation of exposures to occupational carcinogens, employers, employees, the general public the scientific community and public interest groups will not only benefit from improved employee health, but also experience greater eificienctes in their own activities.' Employees are exposed to many substances on a daily basis. Obviously, most of these substances are not carcinogenic Yet some may be. OSHA believes that this general policy andprocedure will facilitate the sifting through the evidence concerning substances which may be imputed to be potential carcinogens and the application of uniform, predictable criteria in order to assess whether such substances should indeed be treated as carcinogenic Without such a system and appropnate criteria. OSHA believes that this task cannot be accomplished in a timely and efficient manner. With an appropnate system and criteria, worker health will be protected efficiently without redisetming or reiitigatiag. time and time again, the same issues and without unnecessarily draining limited industry, union, public interest, scientific and government resources. As a result of this policy. OSHA believes that these limited resources will focus on the most While OSHA will not elaborate upon the lenstby Urn* consuming ":*tt-by-cai* ' rulemeung* experienced by outer egenciet unacf otAer statute*. *n excellent discussion of ih* same ptooleo* appear* m MeCanty. "Subaiantiv* and Procedural OiiCTtnsn m Admituttranv* Resolution e( Sennet Policy Question*: Regulating Carcinogen* in CTA snd OSHA". 87 Coi7riown Law Journal 72i (February vrtol Also tee Setter and ftiakw. Economic snd Teeanoiogical feasibility ut Resufaitni Toxic Substances Under (A* Qtcuoationel Safely and Health Act 7 Ecofoey Lew Quarterly ZSi Iir*ai. The tcitntific eommenmon bare also recommended a generic. rainer inan a ease-by-cist epproxen. io regulating carcinogen* for ibe same < See National Academy of Science*--NVionet Srseereft Council. OEnecwieoioffnnmeansrm11e rfo.jrrRij.rgvi.i.ng Chemicals <n Me substantial issues m OSHA rule: proceedings, thus leading to mor compact and useful Recoros in a penod of time. In addition, this p will result in continuity of appro; even in the face of changes of policymakers. This new approach intended to ameliorate certain administrative problems in stand letting. One significant aspect of rulemakings concerning carctnogi was the enormous time penod be OSHA's initial Federal Register n and final judicial actions. For exa In its nine (9) year history. OSHA concluded oniy seven (7) rulemak; proceedings in regulating carctnog Moreover, it should be noted that total tune the official process took the date of the first official announcement in the Federal Regi completion of the judicial review c final standard does not necessarily include the time required to analyz facts and develop the proposal in t first instance, which itself can be considerable.** Finally, it should b noted that the procedures followed each of the following cases differec because of an attempt to speed up t process. None of the differing procedures succeeded in achieving goal a. Asbestos An emergency temporary standar regulating occupational exposures tc asbestos was published cn Oecembe isn (38 FR 23207) and not judicially contested: a permanent standard wa proposed on January 12.1972 (37 FR and after a short hearing, was published in final form on June 7,197 (37 FR 11318): the permanent standar was contested in Industrial Union Department. AFL-CIO v. Hodgson on July 27.1972. and affirmed in 4S9 r .2d Only two otAer heeliA standard* have been promuJgaied dunn* we hiaiory of OSHA nimtiy standards rejuiaurii occupational usoiu^i to inorganic lead and codon dual. In \h* ux of lie aiaadard rrguiatirw occupational expoaur* to << U> proposed renal iianderd *>* published on October 3.1915 1*0 FR 4JS341 axienuve fleering* held sad (At 6s*l atendxrd puoUsntUon Novemt 14. I97& a prootia trial toox over 38 monui*. An appeal ta pending in (As Court of Appsua for in* Qitmet of Columbia m Leoa Indvsiriet. Inc. v. OSHA. (n tht caas of the iiandarl reguiaiwig oeeupasonal expoaurs to cotton dual, an advance notice of proposed rulemaking waa pueluned on Qecemasr &. 1S7< (39 Fit VOW. a proposed permanent sisndsrd pubiiafted on Oecemoer is. 1J78 (41 FH 54498). extensive Aeemvja neid m Apr and May of 1977. and hne) aianderoa Publuhed aa to Cotton Qv< and Codon Quit in Canon Cm* on June 31197114J Fit 27JSO and 274m a proceaa m. loot over as menina Aoeraia *ere rrceniiv dec:s< by the Court of Apor*'* for w* 0>ainci af CjIw.s. _i i rL-.VQ Sfaetraii 1 IIX. 1 PyflMnrn 0/ Su3?*!- Cr v A7fAiS ;\C \VAS-ING70N 3C .'C331 45