Document b53BK8qn52xYxedxr1xaDJ8j3

iChi V Li. --JUL 2 81917 ["tiTf.XS DIVISION P.O. BOX 579 - 4625 ROYAL AVE., NIAGARA FALLS, NEvV YORK 14302 To (Name) Division Location f'fessrs. R. E. Byrne, Jr. J. L. Myers y W. C. Thurber1^ Originating Dept. July 25, 1977 "Calidria" Asbestos Copy to An< ing ic-ttur date Messrs. C. R. Allenbach T. W. Carmody J. F. Collins JUjeCt itate Regulatory Activit les X Regarding Asbestos - New Jersey and Connecticut File R. F. X. Fusaro AC; 7 This letter reports on asbestos in the two states noted above. In essence, New Jersey has backed off from the complete ban on the spraying of asbestos-containing materials to a ban on the spraying of friable asbestos materials containing more than 0.25% by weight asbestos. On this basis, the spraying of roof-coatings, paints and similar materials of interest to Union Carbide is still permitted A copy of the new regulations is attached for your information. It is likely that these provisions will hold until Federal EPA acts on the same subject and then, if EPA is more restrictive, New Jersey will follow. Our information is that it is likely that the Federal Regulations will be more restrictive. It should also be noted that Union Carbide, acting in the name of the AIA/NA made an important contribution towards this workable regulation. The situation in Connecticut is not as good. The following new . laws have been enacted, effective October 1, 1977: (Copies attached.) 1. Public Act No. 77-445: The Labor Commissioner is given wide powers to require the employer to make available at the employer's expense, certain medical testing for employees. 2. Public Act No. 77-107: The employer is required to provide a place of employment which is free from recognized serious hazards. There is no "insofar as is practicable" limitation made here as with the Federal OSHA Regulations. The employer must also, on written request, inform the employee of any hazardous or toxic substances that he may encounter on his job. 3. Public Act No. 77-398: This covers detailed annual registration of users and producers of carcinogenic substances including waste disposal. UCC 018254 -2- July 25, 1977 We have no information on how No. 77-107 will be interpreted or implemented. Regulations to implement No. 77-398 will be worked up by Dr. John Lewis, Director of the Division of Preventable Disease, Connecticut State Department of Health. Due to press of other matters neither the AIA/NA or Union Carbide was active in Connecticut regarding these laws. I will try to encourage John Marsh to take action to keep the registration requirements realistic, but am not overly optimistic. AIA/NA action will also be explored. 'IJ - /?, Tl. B. Rhodes HBR:dal UCC 018255 NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION NEW JERSEY ADMINISTRATIVE CODE TITLE 7, CHAPTER 27 SUBCHAPTER 17 CONTROL AND PROUTBITION OF AIR POLLUTION FROM ASBESI S SURFACE COATINGS Promulgated: June 13, 1977 Effective: August 15, 1977 7:27-17.1 Definitions "Asbestos" means actinolite, amosite, anthophyll.ite, chrysotile, crocidolite, tremolite. "Department" means the Department of Environmental Protection. "Friable material" means any material which can be crumbled, pulverized, or reduced to powder by hand pressure. 7:27-17.2 General Requirements No person shall cause, suffer, allow or permit surface coating by spraying on any building, structure, facility, installation or internal or external portion thereof, asbestos or friable material containing in excess of 0.25% (by weight) asbestos. 7:27-17.3 Tests (a) Any person responsible for the manufacture, applica tion or use of any coating, applied on or after the effective date of this Subchapter, which the Department, or any agent thereof, has reason to believe contains asbestos shall, when requested by the Department, conduct such tests as are necessary in the opinion of the Department to determine the presence and the amount and/or kinds of asbestos in the coating. Such tests shall be conducted in a manner approved by the Department and shall be made at the expense of the person responsible. (b) The Department may waive the testing requirements of subsection (a) of this Section upon receipt of a materials specification report from the material manufacturer certifying that the asbestos content of the surface coating for which testing is required complies with the provisions of Section 17."2 of this Subchapter. UCC 018256 (/pAJcrr/c- o - (^0.1-}' O^fi) 3n% 9m Suostitute Senate Bill Ho. 876 t_4 v. y PUBLIC ACT HO. 77-445 AN ACT CONCERNING OCCUPATIONAL DISEASE TESTING FOR CERTAIN EMPLOYEES. Be it enacted by the Senate and House of RepresentitL ves in General Assenbly convened: <^TTe kT> Each employer shall, when required by the laTr^r connissioner, at his own expense, provide lung function tests to each of his eaplo yees who, in the course of his enployaent, conas into contact with chenicals, naterials, gases or other substances which have been identified as toxic and hazardous under the Occupational Safety and Health Standards, Subpart Z, Coda of Federal Regulations, Title 29, Chapter XVII. The tests to be required, their frequency and the standards of administration of such tests shall be prescribed by regulation by the labor connissioner, with the advice of a physician specializing in pulnonary disease. No eeployee shall be required to have a lung function test against his will. Certified as correct by L, Approved Legislative Commissioner. Clerk of the Senate. Clerk of the llonse. ____ , 1977 Governor. c/5-m /isr) am 2>P //c P pL pc. PP UCC 018257 U' f r~XpCt <.K/^-CJ-L^CTY^lcJ y-/ Substitute House Bill No. 5420 -e.. PUBLIC ACT NO. 77-107 AH ACT CONCERNING THE USE OP HAZARDOUS SUBSTANCES BY EMPLOYERS. Be it ena cted by the Se na te and Ho use of Represen tatives in General Asse ab 17 con ven ed : Sec tion 31 -370 of the ge ne ral sta t u tes is repealed and the following is s ub t ituted in li eu thereof: (a) Each employer shall f u r nish to e ach of his employees en ploy ment and a Pi ac e o f e m Pi oy me n t which a re free from recogniz ed b azards th at a re causing <or are 1 ikely to cause d ea th or eric us physical harm to his employees. (b) EACH EMPLOYER SHALL, UPON THE WRITTEN REQUEST OF ANY EMPLOYEE, FURNISH SUCH EMPLOYEE WITH A WRITTEN STATEMENT LISTING THE SUBSTANCES WHICH SUCH EMPLOYEE USES OR WITH WHICH SUCH EMPLOYEE COMES INTO CONTACT THAT HAYE BEEN IDENTIFIED AS TOXIC AND HAZARDOUS EY OCCUPATIONAL SAFETY AND HEALTH STANDARDS, UNDER TITLE 29 CFR 1910.1000 "AIR CONTAMINANT CODE OF FEDERAL REGULATIONS." t (b)Each employer shall comply with occupational safety and health standards promulgated under this chapter. C (c) lidi Each employee shall cocaply with occupational safety and health standards and all regulations and orders issued pursuant to this chapter which are applicable to his own actions and conduct. Certified as correct by Legislative Commissioner. Approved______ Clerk of the Senate. Cl< rk of tie U.iiiV . . . 1977 Cm vrnor v5" V/- 'll JC / - 7 7 flt? /W /)t/ Cl~ J>r //c. -p^ PL Z# j.8 7. ZZ// v UCC 018258 '/ot-;/Ju f'' r House BiJl No. 54 5 6 PUBLIC ACT MO. 77-398 All ACT CONCERNING THE REGULATION OF CARCINOGENIC SUBSTANCES. Be it enacted by the Senate and House of Representatives in General Assenbly convened: Section 1. (NEW) As used in this act, ncarcinoge rJLc substance" means: 2- Acetylaninofluorcne, 4-Aninodiphenyl, Arsenic, Asbestos, Benzene, Benzidine, 3,3'- Dichlorobenzidine, 4-Dinethylaninoazobenzene, Beta-Napthylanine, 4-Nitrobiphenyl, N- Kitrosodicethylaaine, Beta-Propiolactone, Bis (Chlorors et hy 1) Ether, Chloronethyl hethyl ether, U^'-Hethylene-Bis (2-Chloroaniline) , Vinyl Chloride, and those substances identified by the commissioner of health in accordance with sec tion 3 of this act. Sec. 2. (HEW) Any person who uses or produces any carcinogenic substance in the manufacture of any item, product or material shall make an annual report to the connissioner of environaental protection and the connissioner of health which shall include: (A) The nethod of disposal of any waste generated by the manufacture of such item, product or material, (B) the amount of each such carcinogenic substance used or produced during the preceding year, (C) the amount of each such carcinogenic substance currently being held in inventory, and (D) the nethod used to transport such carcinogenic substances. Sec. 3. The coanissioner of health shall identify substances, including gases, chenicals, or petals, which are carcinogenic and said I! i /O . /)/n /) i' a T)f ( Ft ^>6 -l* 2- < * ` UCC 018259 House Dill Ho. 5456 connissioner nay pronulgate regulations in accordance with chapter 54 of the general statutes to inplenent the provisions of this act. Certified as correct by I^egislctioe Commissioner. Clerk of ike Scnote. Clerk of the House. Approved--:------------------------------------------------------------------ , 1977 Governor. 2- - UCC 018260