Document V0qL4Dw1VOnNnZ5VoEEpZpVZ

FILE NAME Manville JMA DATE 1974-1977 DOC JMA225 DOCUMENT DESCRIPTION Asbestos Fibers in M Drywall Products OM Manville J346 Internal Correspondence To See Below From R. P. Carter Dater August , 1977 Copies J. S. Autry - Wash Off Subject CONSUMER PRODUCT SAFETY COMMISSION - PROPOSED RULES TO REGULATE CONSUMER PATCHING COMPOUNDS AND ARTIFICIAL EMBERIZING MATERIALS CONTAINING RESPIRABLE FORM ASBESTOS P D. D. E. N. Kotin M.D. Poutiatine - 2-04 Kelleher - 2-04 M. Fenner T. Amarino - 1-02 J. F. Reis - 2-04 J. P. Leineweber - D D. H. Markusson - 2-03 W. A. Cooper Attached is a copy of the Consumer Product Safety Commission's Proposed Rules to Regulate Consumer Patching Compounds and Artificial Emberizing Materials Containing Respirable Form Asbestos as published in the Federal Register on July 29 Interested parties are given until comuments A public hearing on the in Washington on August 15 August 29 to submit proposal will be held As was indicated in Paul Kotin's presentation to the Commissioners on June 9 M supports the Commission's intention to restrict consumer contact with and use of these two products llowever the Commission has recently modified the basis upon which they are exercising jurisdiction over these two products which gives rise to concern The Commission is now planning to ban patching compounds containing asbestos based on the recent Anaconda decision in which the U.S. District Court in Washington DC held that building materials in that case aluminum wiring could be considered to be consumer products On this basis the Commission is proposing to ban those patching compounds marketed for industrial as well as consumer use The discussion of this issue is far from clear in the regard I in column refer and your attention the first full page 38787 attached proposal In that to the last paragraph paragraph in column 2 on Based on existing distribution channels and consumer contact with and access to these products the Commission could ban industrial and commercial uses without reference to the Anaconda decision Application of the Anaconda at Page 2 1977 August 1 1977 1977 1977 1977 decision could give the Commission jurisdiction over most M products I have reason to believe that the Commissioners do not fully appreciate the significance and implications of the Anaconda decision and may be amenable to deleting any reference to it in the final regulation I have requested time to make a presentation on August 15 and will primarily focus attention on the Anaconda decision and urge the Commission to delete their one paragraph reference to it Thereafter I will prepare written comments which will also point out various inaccuracies in the proposal In both instances I will endorse the Commission's ban of consumer patching compounds containing I would also support asbestos If specifically questioned a ban on industrial use based on 1 2 asbestos consumer fiber not access to being locked into this product ; industrial distribution channels and 3 the likely possibility that contractors would use such products in a consumer's home resulting in some fiber becoming airborne and settling in carpeting draperies furniture etc. If any of you are Anaconda decision interested in reading a copy of the referred to herein please let me know If there approach carliest are any objections to or suggestions on my as set forth above please let me know at the possible time R. P. Carter jh UM Manville 6488 CS) Internal Correspondence To R. Von Wald From W. B. Reitze Date April 8 1974 Copies Subject G. E. Parker S. R. Heath J. A. McKinney R. P. Carter F. J. Solon ASBESTOS FIBERS IN WALL PRODUCTS We have been aware of this problem of asbestos fibers in wall joint cement for some time In fact four or five years ago I was coerced into doing some preliminary investigational work for our friend Irving Selikoff I suspect that some of this preliminary work as well as a few physical examinations conducted by Selikoff himself are the basis for a forthcoming paper to be presented at the AIHA meeting at Miami during May of this year These May meetings also will contain references to brake block erosion and subsequent asbestos release to the ambient air Several of us will be attending these meetings in May and we will report back Regarding exactly what exposure JM might have in these quite matters I am not a joint cement My sure whether we ever marketed impression is that we have at one time although we no longer manufacture such a product and have not for several years B. WAR WAWR AR W. Reitze WBR