Document V3XN95dYqXOG9yRqLXyx3Omj8

< INTERNAL CORRESPONDENCE PLAINTIFF'S EXHIBIT UC-3333 ACETALS DIVISION TO (Name) MeSSrS. Division g. L. Dickson Location _ j. Kleber T. P. Norn's J. E. Walsh copy to Messrs. G. R. Adams R. E. Byrne, Jr. W. B. DeAtley T. R. .Alexander Vf. G. Kahler R. M. Mitchell H. B. Rhodes J. J. Sibley o.0 p. box 579-462S royal ave.. Niagara falls, newyork 143 ca:e July 26, 1979 originating Dept. "Calidria" Asbestos Answering letter-date SuWect DOT Regulations .. This will be an attempt to answer your written questions and to bring you up to date on the current status of the. Subject. Copies of your letters sent to me after the sales meeting are enclosed for reference, as well as our latest petition to the DOT. We met with the DOT on 7/19/79 to clarify some points, as follows: 1. Bulk cars and trucks can be shipped under 173.1090(d)-1) The word "airtight" means leak tight, not that the cars must' be capable of holding pressure. The plant will initiate an ' inspection procedure to confirm that gaskets, caps, etc. are in place on cars prior to shipment to ensure that there is no . leakage during transit. Bulk customers should be advised to do the same prior'to returning the cars to us. The customer does not have to clean the car or do any labelling. "ASBESTOS.. ORM-C" has been stencilled on all the bulk cars. 2. "Exclusive use" in (d)(2) means that the vehicle is used exclusively by one shipper directly to one receiver.' For example, a distributor can load asbestos and other of his products into the same vehicle provided that no other shipper uses the vehicle and that it goes directly to the receiver. This is to protect transportation workers, who are not covered by OSHA. 3. The DOT promulgated the regulations to preclude coverage of transportation workers by OSHA. If they were under OSHA, the regulations requiring medical exams, recordkeeping, etc. would apply. " UCC .009244 . '''/DOT Regulations -2- 4. They indicated no problems with extending the effective date to 10/1/79 for product already in warehouse inventories that does not meet the regulations, but this must be confirmed, in a reply to our petition. Your distributors and warehouses should attempt to move all such product by 8/20/79. 5. They refused to consider exempting less than pallet quantities from the palletizing and unitizing requirements. Their reasoning is that loose bags placed in a vehicle with other products, equip ment, drums or whatever, would be too susceptible to breakage and potential exposure for transportation and other workers to airborne fibers. They were receptive to allowing the use of card board boxes as an alternate to palletizing and unitizing, and we , expect a favorable answer to our petition for this change. This will allow us to continue using current practice for shipping samples, both lab size and full bags. The "ASBESTOS ORM-C" marking must be on the outside of such boxes. The 00T will not put any specs on such boxes other than "strong" and "rigid." Hr. Sibley . advises that the OSHA warning is not required on the outside. 6. All carriers are covered by the regulations. The original rules had exempted private carriers. . I have drafted new letters for customers, distributors and warehouses, and copies are enclosed for your information. Gordon has agreed to be responsible for "educating" our warehouses and determining how much material we have which does not meet the DOT requirements. If your distributors have any questions which you can't answer, Gordon or I .will attempt to handle them. I would suggest that you visit your distributor's warehouses personally to determine how much product they must move by 8/20 (or 10/1 if our petition is allowed), and to make sure they understand the regulations. Following are comments and answers to your specific questions: 1. All asbestos transported by any means is covered by the regula tions. Samples carried in your cars must be in dust and sift proof packaging inside of cardboard boxes (if this is approved). If boxes are not approved we must' develop rigid packaging or some other method to meet the regulations. Samples can be trans . ported in car trunks provided they are properly packaged and marked. 2. He will not ask the customers or distributors to sign and return a copy of the letter sent to them. 3. Regarding vehicle cleanup, I was advised not to request the DOT to clarify "in a manner that will minimize occupational exposure" (174.840). If you have such a question, refer the questioner to his own attorney and/or to the OSHA regulations. 4. The letter to customers includes a quotation from 173.1090(c) to explain the shipment of asbestos-containing products. 5. The "C" in "ORM-C" has no meaning, just an alphabetical assign ment for Other Regulated Materials. UCC 009245 . . _ ^ -DOT Regulations -3- 6. If a distributor ships bags in a sealed fiber drum, the "ASBESTOS ORM-C" must be marked on the outside. The plant has purchased 15,000 labels and will send whatever quantities you request. 7. The consignee is responsible for vehicle cleanup. We would hot plan to pay for any costs incurred. I would not suggest any . "method" to ensure a clean vehicle. Visible material should be vacuumed or wet down and swept. Refer to OSHA regulations. 8. The handling of damaged shipments should be no different than before. The extent of damage would dictate how to handle it. 9. Damaged shrink-film should be repaired with tape and/or sheets . of film. 10. I would interpret 173.1090(c) that asbestos mixed dry; with other materials would be covered. ' - 11. LTL asbestos orders can be shipped in any manner provided they meet 173.1090(d)(3), dust and sift proof bags, palletized and unitized. 12. A tarp-covered truck is not a "closed" truck. 13. The plant is double-wrapping all bags which go to warehouses and distributors, and they are palletizing and unitizing all such "dust and sift proof" bags. I assume that you have already discussed the new regulations with your distribu tors, especially with regard to the impact of not being able to ship bags unless they are palletized and unitized, or, for example, in a sealed fiber drum. If not, this should be your first order of priority. Bulk customers should be advised regarding the condition of caps and gaskets or bulk cars, I see no reason for personal discussions with other customers - the letter should provide them with enough information. JLM:dal Enclosures .... UCC..009246 .. .. UrMON CARBIDE CORPORATION CORPORA * r SMSTRfBGTlOfi jet) ftfL.tr VCtMK, te . lf}7 July 23, 1575 Materials Transportation Sufssu US Dspariznent of Transportation 2100 Sacorsd Street,. Sk` jtashingion,. BC 2B59Q SUBJECTi Docket No. 1-14-155 Transportation of Asbestos SOnt lessen: On March 9, 1572. the Materials Transportation Ev;re?,n pu&Iishsd in the fec-er-al Register (44 F.-R* 18673) a revision -of ftse-nc^ent-Ko, 173-23 regardinq the transportation of asbestss* as published on Decsefcsr 4, 1378, (43 F.R,"fi64). ,' Union Carbide Corporation is ungsgsd, ssKmg otter things, in the product-!on, sale and distribution of chrysstile asbestos and ships an aggregate of over 30,050 tons per year of such saterial far ass in various applications. Although a substantial particn cf Union Carbides shipments of asbestos is sade in bulk* an equally substantial portion requires packaging in bags. As revised* 1173.1050 (d) tz) and (3) wnts^lsis the use of bags or otter non-rigid packaging^. Is each case, ho-ever, the revised section appears to assume that shipoints in bags can always be isade 1r. fairly Itrgp quantities. Thus, subparagraph (2) penal is the use of bags in closed vehicles which sre assigned for the "exclusive use2 of the consignor, enviously it wcula in Kust ciresistances be exceedingly anecssRcsical for any consignor to operate* or- contract for the exclusive use of, a vehicle to transport a shipment of eftly a few bags cf asbestos> Similarly, subparagraph {3} requires that bags fea palletised end unitized. Ordinarily, in'costoarciai sales of as bestos, shipment quantities are sufficient tn ^canonical ly end practically acccsse-dats that requlrtaent. In- ssny cases, hoover, distributors nxist ship quantities of cniy s fa# bags to ft*et custiSe-r reqtiirar'Cnts &r lir>;'tatiori=. Additionally. in the case of sample shir^ests* only a single bag may te involved. - UC.C 0.09247 .,. Accordinglyit is respectful}y that the iffectire data- or the_Pew regulations b-e further es.tandtd to October j , 19/9. bus, soles.*/ tf'jth"reshect tp a stag to k packaged and InitialAyjjftiff^_pr;SorJa August2uVTJ/9r^V^r.t hs- ' recc-"n78.=d, however, mat a proRpt'resp^s*"to`thii~s-equsst' is Imperative since, ) ? ;*:- r>'"-region is to b& granted, srsi&'/2nt io California oust CCor-fnCS short!v In crd--?r to be CQsplated on or before August 2ih Y&ir courtesy end coop?ration- in considering t'na setters discussed herein are greatly appreciated, `, Respectra"? ly suhrriitted * K. 0, Michsud Assistant Ackrinistrator Hazardous Materials trsHSpartatisn Raoulations r UC.C0092&8 INTERNAL CORRESPONDENCE METALS DIVISION to(Namej j. L. Myers cvisioo UCC-Niagara Falls, NY Location . copy to File * P. 0. BOX 579 -4625 ROYAL AVE.r NIAGARA FALLS, NEW YORK I Date July 3, 1979 Originating Dept. ' "Calidria" AsbeStOS Answering letter date Sub'e<:` DOT Regulations As far as I can determine, the drafts of letters to our customers and distributors regarding the new DOT regulations cover the subject very well. No mention was made concerning the transportation of samples by our distributors, such as in automobiles, but possibly that is not germane to the present subject. My main concern is that we should begin shipping material to our warehouses and distri butors as soon as possible with the new packaging or else we will be faced with the possible return of a large amount of material to King City for repackaging. Although it will only effect the Finderne warehouse and two distributors (Allied Resin Corp. and Technical Products, Inc.}, I think that we may get some questions regarding our request that they sign and return a copy of the letter sent to them. One question could easily be - "What happens if we don't sign the letter?" 7 tCSUL.' G. L. Dickson GLDrdal .. UCC 00.9249, UC 149-2 2NT2SMAL CORRESPONDENCE METALS DJVI5JOM to cwame) j. l. Myers civwon liCC-Niagara Falls, NY Location Copy to File * - p.o. sox 579 *4625 royal ave., Niagara falls, new yor.k J43 Date Originating Dept. July 3, 1979 . "Calidria" AsbeStOS Answering letter date Subie<:t Letter Regarding DOT Regulations At your request, listed below are some questions and comments on your proposed letters to customers, distributors and warehouses. 1. Both letters - in the quote from DOT 174.840, the phrase "in a manner that will minimize occupational exposure..." is used. Is there a way to clarify that better? 2. Both letters - maybe a comment or quote from 173.1090-C is in order to minimize customer's fear of shipping finished product. 3. Distributor/Warehouse letter - what does the distributor/ warehouseman's signature really mean? What if he doesn't sign? 4. Both letters - what does the C in ORM-C signify? If you have any questions or comments, please let me know. EJK:dal ,.w ...ycp..QQ5^o, UC JX5'2-(>oO' * INTERNAL CORRESPONDENCE U^iON CA33JD5 COSPOSATIOH To (Name) Division Location J* L* Myens 1? EXECUTIVE PARK DRIVE, ATLANTA, GEORGIA 30329 cate June 12, 1979 Originating Dept. Answering letter date ' subject pOT Regulations VeaA John, The following questions concenning the VOT Aegulations Include. some asked at qua meeting and othens X have thonght about and discussed with qua distAibutoA and local waAehouse. ' A Will we and/oA ouA distAibutoAS be able to continue to 6hip qua stxmdand samples afteA August 20? _zK Can we and/on qua distAibutoAS continue to thanspOAt the samples in the thunk of oua company oA Aented cans? Jf oua distAibutoAS decide to sell less than pallet quantities in seated fibeA dhum, wiZZ an asbestos waAning Zabet be AequiAed on the dhums? X Vo cahdboaAd shipping cantons meet the VOT definition of a suitable contatneA foA less Stan paZZet shipments ? What would be the specifications of an approved canton? . A Does the distAibutoA ana/oA customeA have to insuAe clean caA/tnuck AetuAn? If the distAibutoA1 s waAehouse bills them fan the cleanup on oua customers bill us, what will oua stance be on AeimbuASing them? What method do we Aecommend to insuhe the can on thuck is cleaned, in compliance with the Aegutation? X Is a customeA Aeceiving an LTL shipment Aesponsible fan insuning any cleanup? What happens to damaged ennoute on damaged on deliveny shipments? Should matenial be hefused on accepted and disposed of? p< What can a distAibutoA do, who does not have access to shrink filming on a 2-3 bag pallet damaged in waAehouse movement? lX If no extension can be obtained to the August 20th effective date, what should be done with on hand oA enAoute pnoduct not in compliance at oua wonehouses, distAibutoAS and customens? Is any asbestos containing day mix pnoduct sold by oua customens covened by the negulation? Can oua waAehouse OA distAibutoA skip one oa mone LTL osdens going to diffenent customens in the same tnuck which is eithcA loaded on will be with othen non asbestos pAoducts? :ived /ju j 51379 ., ..ucq.009251 . UCC-CAUCiTIA NIAGARA FALLS. N. Xi