Document XOy9KKeZvOvnEodaVNdk5aZOK

/ /Ifll rtfm'JN ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 December 21, 1983 Memorandum For: MEMBERS Subject: Forwarding of Board of Directors Meeting Minutes for December 14, 1983 Please find enclosed the minutes of the Board of Directors meeting held December 14, 1983. The next regular meeting of directors is scheduled for .Wednesday, March 14, 1984 at Stouffer's National Center Hotel, 2399 Jefferson Davis Highway, Arlington, VA. The details concerning this meeting will be forwarded to members in due course. The AIA/NA staff (Bob, Nick, Debbie & Freddie) send best wishes for a happy holiday season and prosperous new year. It has been our pleasure to serve you. Executive Director Enclosure CAPCO JEN 0012170 ft Jk\ ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4. Suite 509 Arlington, Virginia 22202 (703) 979-1150 Board of Directors Meeting Old Town Holiday Inn December 14, 1983 Alexandria, VA Pursuant to notice, a meeting of the Board of Directors was held December 14, 1983 at the Old Town Holiday Inn, Alexandria, VA. The meeting was called to order at 8:10 AM. The following directors were present: W. H. Beasley Newlin Buckson Solange Casiez (for Frank Betts) Gordon Coats Thomas A. Dougherty David Elgee (for John W. Oughtred) John J. Francis Rita M. Grisham O. Nelson Hollis Yvonne Lumsden (for Jean Dupere) Frank Marchant (for John K. Bogart) Joseph T. Mooney, Jr. John L. Myers/AIA/NA President Peter Reiser John Riopelle Kurt Schwarz Frank Shell James Van Pelt Gerald vonDohlen Paul Walker Frank W. Wardley Capco Pipe Company, Inc. Gardner Asphalt Atlas Building Materials Calaveras Asbestos, Ltd. CertainTeed Corporation -! Brinco Mining Ltd. . Pure Asphalt Company Nuturn Corporation Dow Chemical, U.S.A. ASARCO, Inc. J-M A/C Pipe Co.. Monsey Products Company Union Carbide Corporation Carey Canada, Inc. The Bendix Corporation Supradur Manufacturing Corporation Drilling Specialties Company Grundy Industries, Inc. International Building Products, Inc Hollingsworth & Vose Company Quin-T Corporation Also present: Joseph A. Artabane, Esq., Cadwalader, Wickersham & Taft; David Cortright, Manufacturer's Representative/SNA; Nicholas J. Hluchyj, Esq., and B. J. Pigg, AIA/NA Staff; Aleksander Ignatow, Energy, Mines & Resources, Canada; Gary Nash, Metals & Miherals Group Canada; Gene Prescott, International Building Products, Inc.; Arthur F. Sampson, Esq., and Edward W. Warren, Esq., Kirkland & Ellis; R. C. Wareham, Calaveras Asbestos, Ltd.; and Gerard Hughes, J-M Asbestos Sales, Inc. Minutes On motion, the minutes of the preceding meeting, September 21, 1983, were approved on motion. CAPCO JEN 0012171 Page 2 Financial Report The financial statement.for the period ending November 30, 1983 was reviewed by the Executive Director and approved on motion. Staff Report Congressional' Activity - On November 18, Congressman James..Oberstar (D-Minn.) introduced a bill, H.R.4546, which would require all federal agencies supporting construction programs to cease purchasing, or pro viding funds for purchasing, friable asbestos products unless there are no adequate substitutes. While the term "friable" generally con notes a powdery form - for example, as defined by the U-S. Environ mental Protection Agency: "material.................that can be crumbled, pul verised, or reduced to powder, when dry, by hand pressure" - the defi nition given in the Congressional Record discussion of H.R.4546 would. apply to all asbestos-containing products. In the Congressional Re cord of November 18, friable products are defined as those in which the asbestos fibers are released from the product into the atmosphere or waters as a result of cutting, grinding, abrasive, or corrosive action. The text of H.R.4546 itself, however, does not contain a definition of ''friable". In making an inquiry with staff of the House Public Works and Transportation Committee concerning this*; proposed legislation, it was learned that Congressman Oberstar's in terest in asbestos issues dates back to the Reserve Mining trial in Minnesota. With reference to the definition of "friable", it was stated that this was an issue which could be brought out during a hearing on the bill, but that no hearing or other action was planned. E?A - One of the guest speakers at the December 1 Annual Meeting of the American Industrial Health Council was Josephine Cooper, Assis tant Administrator for External Affairs of the Environmental Protec tion Agency. Following her presentation. Cooper was questioned as to the Agency's position on a bill dealing with risk assessment, K.R.4192, currently before Congress. Title I of II.R.4192 was origi nally introduced as a separate bill by Congressman Don Ritter (R-Penn.). It seeks to develop a coordinated and systematic approach to the conduct and use of risk assessment by the federal government through demonstration projects to be coordinated by an agency or agencies designated by the President. Title II of H.R.4192 was orig- ' ir.ally introduced as separate legislation by Congressman James Martin (R--N.C.). Title II would create a Central Board of Scientific Risk Analysis within the National Research Council of the National Academy cf Sciences. According to Cooper, the EPA would support Title I, but- not Title II,-of H.R.4192. Such a position may reflect the agency's reluctance to concede a measure of accountability to an external enti ty for its risk assessment procedures, as would be required by Title II of the bill. ,,* OSHA - The following events have taken place with regard to the Asso ciation's court challenge of the Occupational Safety and Health Administration's (OSIIA) emergency temporary standard (ETS) on asbes tos. On November 16, a request was filed with OSIIA for an administra tive stay of the ETS. On November 17, OSHA denied the request and the same day a motion requesting a stay pending judicial review was filed in the U.S. Court of Appeals.for the Fifth Circuit, where the case is being heard. A brief in opposition.to this motion was filed by OSIIA CAPCO JEN 0012172 rage a on November 22. On November 23, the court granted AIA/NA's motion for a temporary stay pending judicial review. A schedule for the proceed ings was also established by the court, with supplementary briefs due by January 3 and,, a hearing set for January 12. On November 28, OSHA filed a motion requesting that the hearing date be advanced to Decem ber 16. On December 1, the court denied OSHA's motion and,'"in addi tion, stated the both parties should address the following issues dur ing the hearing: 1) What new evidence indicates the existance of an "emergency?"-and 2) Compare this case with others in which OSHA has used, or declined to use, the ETS procedure in the past. Although the asbestos ETS has been stayed, OSHA is still required by statute to develop a permanent asbestos standard within 6 months. On December 6, OSHA's Construction Advisory Committee held a meeting " at which a proposed revision to the permanent asbestos standard was to have been presented and discussed. However, Gary Strobel, Special Assistant to OSHA chief Thorne Auchter, appeared before the Committee and announced that the development of the revision had been delayed. Because the Construction Advisory Committee must meet again and review OSHA's proposal, it is not likely that a revision will be published for another month or so. OSHA's long-anticipated Hazard Communication rule was published jjn the Federal Register of November 25, 1983. The rule requires cHdmical manufacturers and importers to evaluate chemicals which they * produce or import to determine if they are hazardous. A written- re cord of the procedure used to make the hazard determination must be prepared, as well as a material safety data sheet (MSDS) which manu facturers, importers, and distributors must pass along'to their downstream users. Employers in manufacturing facilities where the. hazardous chemicals are used must write up and implement a training and education program for employees exposed to the chemicals. Manu facturers and importers must complete their evaluation procedures by November 25, 1985? employers are requird to be in compliance 1 year later. In the preamble to this regulation, OSHA declares that state "right-to-know" laws are preempted in favor of a uniform federal standard. However, a number of labor groups have sued OSHA over this regulation, focusing, in particular, upon the preemption issue. Miscellaneous - The Environmental Committee of the U.S. Business In dustry Advisory Committee (BIAC), a group which serves as the voice of industry in the deliberations of the international Organization for Economic Cooperation and Development (OECD), held a meeting in Washington, D.C., on December 2. One of the speakers addressing the group was William Landfair of the U.S. State Department. Landfair reported that the derestriction of a report on asbestos, scheduled to be discussed at an OECD meeting in December, had been .dropped from the agenda. Resolutions Adopted 1. Applications for regular membership in the Association from American Biltrite, Bell Asbestos Mines (SNA Quebec), Distex (SNA Quebec), Gardner Asphalt, Lupel (SNA Quebec), and Filaq (SNA Quebec), and for associate membership from Prudential Supply, were unanimously approved on motion. CAPCO JEN 0012173 Page 4 2. A recommendation by John L. Myers, AIA/NA President, to appoint Daniel Peristein, SNA, to the Association's Executive Committee was unanimously approved by the Board of Directors. Mr. Peristein is the company representative for Asbestos Corporation, Ltd. Miscellaneous Other reports and discussions in accordance with agenda. His Excellency Allan E. Gotlieb, Canadian Ambassador to the United States, was the dinner speaker on December 13, 1983. A copy of his remarks is enclosed.. Other Business The next meeting of the Board o' Directors will be held on March 14, 1984 at Stouffers National Center Hotel, Arlington, VA. Adjournment There be no further business, the meeting was adjourned at 11:28 AM. B. J.'-Piggt Executive Director Enclosure December 20, 1983 CAPCO JEN 0012174