Document bBzdjb7wyj5JVnw1nZJkD32GZ

bcc: R.E. Byrne, Jr. aR. .F .XIt . MFusaro J.V. Murray R.L. Schult W.C. Thurber THE DISCOVERY COMPANY UNION CARBIDE CORPORATION MINING & METALS DIVISION P.O. BOX 579 NIAGARA FALLS, N. Y. 14302 TEL 716-278-3376 October 27, 1975 Mr. Robert W. Flugge Deputy Commissioner Department of Environmental Quality 95 Franklin Street Buffalo, NY 14202 Dear Mr. Flugge: Per our telecon this date enclosed are the attachments which were referenced in my letter to you dated October 23, 1975, but which were inadvertently omitted from the mailing. I hope this has caused you no inconvenience, please accept my apologies. Very truly yours, JLM/ejp Enc. cc: Dr. H.B. Rhodes Marketing Manager A08789 Mr. Robert W. Flugge S*f6 Deputy Commissioner Department of Environmental Quality 95 Franklin Street Buffalo, NY 14202 Dear Mr. Flugge: This letter and attachments provide the technical supporting information on the spraying of asbestos-containing materials which was mentioned in my comments present ed on September 25, 1975, copy enclosed. These comments were directed to the pro posed Erie County Air Quality Code, Article 111, Title 9, Section B, on Asbestos. The spraying of asbestos has received substantial publicity as a health hazard, primarily as a result of the extensive use of sprayed-on asbestos as a fire proof ing and insulation material. Industry recognized that this practice, which involved materials containing 10 to 80% asbestos and little or no permanent binder, was hazardous; and, accordingly, it has been discontinued. However, it is our firm belief that various materials containing small quantities of asbestos can be applied safely by spraying with no significant hazard either to the worker or the general public, and further that such spraying can be done in total compliance with the Federal OSHA Health Standard dealing with asbestos and the EPA National Emission Standard for Hazardous Air Pollutants. The subject applications generally involve the spray ing of paints and coatings where asbestos is a minor but important constituent added to give critical properties to the material. These coatings are applied wet as a slurry or liquid thus precluding the generation of airborne asbestos dust in excess of accepted Federal threshold limits. Our data were obtained at commercial locations under routine operating conditions. Samples were collected in the breathing zone of the operator during active spraying procedures and do not include breaks, lunch, and similar non-working conditions. The results thus represent the highest exposure level for each particular operation and the time-weighted average (TWA) during an eight hour shift would be much lower. Environmental exposures outside the work area would be even lower than the TWA due to dilution by other air. All samples were collected on millipore filters and counted at 400x using phase contrast illumination in accordance with Federal OSHA regula tions. The data were obtained at 21 different industrial locations throughout the United States. These or very similar operations are probably practiced to some extent in Erie County. For convenience, the data are divided into four catergories based on the char acteristics of the binder, and are presented in this manner in Tables 1 through IV . Details of the type and quantity of binder, the main uses, and the asbestos content are supplied with each category. An overall summary is shown below: A0879C SUMMARY AIRBORNE ASBESTOS FIBER CONCENTRATIONS VARIOUS INDUSTRIAL SPRAYING OPERATIONS Application Wall and Ceiling Interior Texture Sprays Exterior Wall and Roof Sprays Resin-Based Coatings (Boat nfg.. ship coating. Building maintenance coatings) Asphaltic Roof and Auto Under coating Binder Type Starch, PVA, Casein etc. Vinyl ft Acrylic latex Polyester ft Epoxy Resins I as Soraved 2-4 Asbestos X-as Sprayed 1-5 10-20 4 max. 6-50 12 max. Locations Samoled 7 2 9 Asphaltic 45 IS max. 3 21 No. of Samoles 24 S 19 8 56 Airborne Asbestos Fiber Concentration (Fibers/e05>i Range Average 0.0-1.6 0.6 0.0-0.2 0.1 0.0-0.6 0.2 0.03-1.5 0 -1.6 0.3 0.4 It is noteworthy that the highest value found was 1.6 fibers/cc>5>u and only three out of the ,56 samples gave readings higher than 1 fiber/cc. In the three highest cases other values for the same operation were below 1 fiber/cc. The overall average was 0.4 fiber/cc in the breathing zone of the operator performing the spraying. On this basis we feel that the proposed Erie County ban on the spraying of asbestos or asbestos-containing materials is overly restrictive. In view of this the alternative wording in my presentation is proposed: "No person shall cause, suffer, permit, or allow visible emissions of asbestos dust from spraying of asbestos-containing materials used for fireproofing and insulation." Another alternative would be to modify your wording to exempt certain materials based on our supporting data, as follows: "No person shall cause, suffer, permit, or allow surface coating by the spraying of asbestos or asbestos-containing materials, with the exception of water, resin, and asphaltic-based coating and laminating materials applied for decorative and/or maintenance purposes containing, as sprayed, an amount of binder not less than 50% of the weight of the asbestos present and a maximum of 15% by weight of asbestos." We appreciate the opportunity to comment on your proposed rule-making. Please contact Dr. Rhodes or me if we can be of any assistance in the final development of your standard, or if you require additional information. V^y truly yours, JLM/ejp cc: Dr. H.B. Rhodes bcc: R.E. Byrne, Jr. R.F.X. Fusaro J.V. Murray R.L. Schult W.C. Thurber Jofin L. Myers Q Marketing Manager 408791 PRESENTATION TO ERIE COUNTY AIR POLLUTION CONTROL DIVISION September 25, 1975 My name is John L. Myers. I am Marketing Manager for Union Carbide's asbestos products with offices in Niagara Falls, N.Y. I have been involved with Union Carbide's asbestos business since 1966; and, since 1972 when the OSHA (Occupa tional Safety and Health Administration-Department of Labor) asbestos standards were published, I have also been heavily involved with federal, state, and local regulatory activities concerning asbestos. We presented testimony at the OSHA hearings on the asbestos standard in 1972; and I served as an industry representative on a committee to develop the federal EPA (Environmental Protection Agency) asbestos standards, which were promulgated in 1973. Asbestos standards are now being developed especially for the construction industry and I attended and presented testimony at a two-day hearing in Washington last week. With me tonight is Dr. H.B. Rhodes, my Technology Manager. One of his main responsibilities is to supervise the air monitoring service which we offer to our customers. Dr. Rhodes is chairman-elect of the technical sub-committee of the Asbestos Information Association and is also actively engaged in the asbestos/health question and regulatory activities. He attended a symposium in England last week on asbestos and health and is preparing an article for publica tion on the health hazards of asbestos in certain segments of the construction industry. His training in air sampling and analysis was obtained at special courses offered by NIOSH (National Institute for Occupational Safety and HealthDepartment of Health, Education and Welfare). Dr. Rhodes has also performed extensive air sampling in connection with the use of asbestos in various compounds A08702 which are sprayed on surfaces. This was done to substantiate our position that relatively low levels of asbestos can be used in many products which, upon spray ing, do not cause any significant amount of asbestos dust. At your discretion, we can send this supporting information to you in the next several days. Union Carbide-is engaged in the mining and milling of asbestos fibers at its plant in California, and we market asbestos fibers throughout the world. We supply asbestos as a raw material to compounders or manufacturers of various products, some of which are sprayed. We do not supply asbestos for use in spray fireproofing or insulation materials; and, in fact, neither does anyone else. Asbestos has essentially been eliminated from such products because of the attendant potential hazard to workers and the general public. Our interest in regulatory actions is to prevent ambiguity and to avoid the promulgation of standards which are difficult or impossible to enforce because of their generality. We want to assist in the development of standards which eliminate or minimize asbestos exposure, but which do not effect an unnecessary prohibition against the general use of asbestos, especially in products which present no ultimate hazard to the general public. Following are some excerpted quotes from a 1971 report of the National Research Council: "At present, there is no evidence that the small numbers of fibers found in most members of the general population affect health or longevity-----Asbestos is too important in our technology and economy for its essential use to be stopped___ Continued use at minimal risk to the public requires that the major sources of man-made asbestos emission into the atmosphere be defined and controlled." I think you would agree that these comments are closely aligned with mine. It is my understanding that you are considering legislation with the following wording: "Mo person shall cause, suffer, permit, or allow surface coating by the spraying of asbestos or asbestos-containing materials." The spraying of asbestos containing materials has received substantial publicity as a health hazard. A 08 793 primarily as the result of the extensive use of sprayed products for fireproofing and insulation. Industry, government, and health groups have recognized that this practice, which involved materials containing up to 80% asbestos with little or no permanent binder, was hazardous; and it has been discontinued. However, it is our belief, supported by the data previously discussed, that materials contain ing relatively small quantities of asbestos and suitable binders can be sprayed safely and in compliance with existing federal standards. We are strongly in favor of legislation which would prohibit the spraying of asbestos-containing materials for fireproofing and insulation which generate visible dust emissions hazardous to the public environment. However, the wording which you have proposed would inadvertently prohibit the spraying of asbestoscontaining materials even though they generate no asbestos dust. These applica tions would include automobile undercoating, roof coating, textured paints* airplane de-icing, and many others which would adversely affect activities involving thousands of jobs in Erie County. We therefore propose the following revised wording for your legislation: "Mo person shall cause, suffer, permit, or allow visible emissions of asbestos dust from the spraying of asbestos-containing materials used for fireproofing and insulation." We are confident that the above wording will accomplish your purpose, and ours; and that the safety and health of the general public will not be compromised or impaired by this revision. Thank you for your time and attention. John L. Myers Union Carbide Corporation Metals Division A08794 I. Water-Based Systems with Water-Soluble Binders Binders: Type: Starch, polyvinyl alcohol, soya protein, or equivalent. Content: Typically 6-8% by weight of the dry formulation before mixing with water, 2-4% as sprayed. Main Uses: Interior wall and ceiling te.xture sprays. (Where texture is applied to walls it must be covered with at least one coat of a latex or oil-based paint.) Asbestos Content: Up to 3% by weight of the total formulation as sprayed. Supporting Data: Table I. TABLE I WATER-BASED STSTCWS WITH HATER-SOLUBLE BINDERS &M9lt Designation Coenerclal Application l - IKTERtOR TEXTURE SPRATS 12 Colling spray. Da to 6/14/73 82 B 3 Hall spray. 35 a 38 28 56 131 102 ' Colling spray Wall spray. N-3 N-2 K-2 1-25 Colling spray. Wall spray. 10/3/74 a a a 1-49 1-54 Colling spray. 12/4/73 a Binder Appro*-^ laate Wt. % Asbestos Spray Gun Tvoe Operation Saaple Tine (Hln.) Asbestos Airborne Concentration (Flbers/cc >5. Soya protoin. a Stare*. a a a a a a 2 2 2 2 1 1 1 2 2 Air supported a a a a a a a a Operator applying celling spray to condoniniin apts. Operator wiping walls after celling spray. Operator applying wall spray to condoalnlua apts. Operator carrying hose during wall spraying. Operator spraying colling of condoalnlus. a a Operator spraying walls of condoainlus. a 71 68 51 34 14 IS 15 ?i 12 a 1 a Operator applying 19 celling spray to hone. a 1 a Operator `wiping* walls 22 after celling spray. a 2.5 Operator applying wall spray to hone, full coverage. 24 a 2.5 a Operator spraying glitter. 26 Isnedlately after ceiling sprayed. a 1 a Operator applying celling 20 spray to condoalnlus apts. a 1 a Operator *w1p<ng* walls 24 after ceiling spray. 0.1 0.1 0.3. 0.8 0.1 0.5 0.8 0.6 1.1 0.5 0.2 0.07 0.0 0.5 0.1 ^ Based on total forculatlon as sprayed. A08796 II. Water-Based Systems with Latex Binders Binders: Type: Vinyl latex, acrylic latex, vinyl-acrylic latex, or equivalent. Content: Polymer content of 10-20? by weight as sprayed. Main Uses: Exterior coatings for buildings and mobil homes, including roofs. Asbestos Range: Up to 4? by weight of the total formulation as sprayed. Supporting Data: Table II. A08797 TABU H WATtA-BAitP SYSTEMS WITH lATI! SIMPERS Swpla teslcnatlon COMreUI Application i - Emtio* COATINGS M-t Wa 11 and Roof Spray, J-3 M C-2 M H-Al Roof tpray. Data 10/1/71 M 1 3/jom llndor Vinyl litix. M Acrylic lata* Acrylic lata*. II it ft Appro*-^ Irate Wt. X Atbet tot Spray Gun Tvon 3.7 2.1 0 0-7 . Air aupportad. M M Airleer. 0.7 II Ooaratlon Saapla Tina (Hin.) Alrfeoma Asbtstot Concantration (Flbra/cc>vl Operator spraying vertical wall pane 1 II II IS 12 1 Operator spraying darnuard onto a large roof. M 21 1* 0.0 0.2 0.2 0.0 0.0 (I) l*Md an total formulation at sprayed. ^08798 III. Resin-Based Systems Binders: Type: Polyester resins, alkyd resins, epoxy resin alone or in combination with coal tar or equivalent resin. Content: Range from -62 in zinc-rich primer to/-49% for heavily filled alkyd to 99+ for polyester laminating resins. Main Uses: Fiber glass reinforced boats, pipes, shower stalls, and similar articles. Maintenance coatings for steel and concrete. Intumescent and zinc-rich pa.int. Exterior alkyd paints. Asbestos Range: Up to 12% by weight of the total formulation as sprayed. Supporting Data: Table III. A 08 799 TABLE III RESIN-BASED SYSTEMS Stfsl# Designation Coewerclal Add)(cation Date I - POLYESTER RESINS A. General Purpose Laminatlno Resins <9 Boat manufacture. 12/7/72 Binder General purpose laminating resin. 1-13 10/31/7* 11-28 H-30 m m N-34 N-40 M2 10/8/74 Approx-^ Imate Mt. S Asbestos Spray Gun Type Operation Sample Time twin.) Asbestos Alrtorne Concentration (Flbers'cc >5>J O.S Air-supported Operator spraying chopper. molds with resin 4 chopped glass. 24 o.s 0.S 0.5 0.5 0.5 0.5 Operator spraying resin t cnopped fiber glass. (Includes roll-out time.) Operator spraying resin 1 chopped fiber glass. Operator spraying resin I chopped fiber glass. Operator spraying mold with resin. (No glass.) 16 5 4 55 53 35 0.6 0.1 0.4 0.4 0 0.03 0.1 B. Chemical Resistant Resins J-21 Fiber-glass pipe manufacture. 8/13/74 H-2S Chemical resistant resin. 1.4 Airless. 1.4 Operator adjacent to automatic spray machine coating 28' mandrels. Operator wiping mandrels. In area near spraying. 23 0.1 14 0.4 J-S Ship coating. 10/3/74 Chemical 0.7 Air-supported Roll-out nan. In 65 0.4 resistant wand. spraying area about resin chopped 1/4 of time. fiber glass. J-7 0.7 Operator spraying 41 0.4 ship hull in dry dock. H-28 0.7 23 0 ^ Used on total formation is sprayed. A0880C TABLE III (continued! AESIA BASED SYSTEMS Saipla Deilenatlan Conwrcltl Application II - EPOEY RESIKS A. Filled Epoxy R-S Ship coating. K-10 H-10 1-27 J-1 Date 10/2/74 m m Binder Approx-^ iMte tft. t Asbestos Spray Cun Tvoe Epoxy prinee High build epoxy. 1.5 Airless. 1.5 0 Air supported0 0 Operation Operator spraying outside t under a ship. Operator spraying side of ship froa scaffold. Samle Tlae Win.) Asbestos Airborne Concentratii (Fibers/cc > 33 0.2 a 0.2 31 0.1 14 0.3 60 0.03 3. Eooxv - Coal Tar IMS Coating dry dock. 10/1/7* N-I m K-3 Coating pipe Interiors. Epoxy Coal-tar, solvent. 1 1 1 III - AlCTD RESIN PAIfIT H-7 Painting 10/6/74 building exterior IS-35 Alkyd resin. 12 12 Airless. Air-supported wand. Operator spraying Side of dry dock froa suspended platform. Operator spraying side of dry dock froa fixed scaffold. Operator spraying Interior of 3*. 6" and 12* diameter pipe. Airless gun. t Operator spraying building exterior wall. 11 38 37 9 5 0.2 0 0.1 0 0.06 ^ Based on total formulation as sprayed. A08801 IV. Asphaltic and Coal-Tar Based Systems Binders: Type: Cutback and emulsified asphalt and coal-tar materials or equivalent. Content: Typically^452. Main Uses: Automotive undercoating and sound deadener, roof coatings, foundation coatings. Asbestos Content: Up to -15%. Supporting Data: Table IV. / 408802 I TAIL! IV ASPHALTIC W COAL-TAW BXSgD SYSTEMS IdcntlFI cation -*2 2 2 ] 3 CoMrctal Ap Meat ion Oat* Auto widarcoatlng,10/7* (Sound deaden* r) M Fibrated Aoof Coating. 3/26/7* Blndtr Cut back asphalt M M M 10/11/7* II n 3/26/7* M IO/II/7* " Enilslflcd 12/18/74 asphalt fibrated roof eoatlng. Stean refined. enilslfled asphalt. Approx-^ laate Ht. X Asbestos IS So rav Gt#t Tvm Airiest. IS M I Ai r tipported. 8W 8 Airless 8 II 3 Air supported 3 Airless OpcratIan Operator spraying on auto body. 18 Operator spraying against vertical steal surface. MM II M I M Operator spraying against vertical steel surface. Seep la Tina (Min.) 7 6 - 43 23 Airborne Asbasco* Concontracion (Fbri/cc> SM 0.2 l.s 0.02 0.11 0.03 0.07 0.16 0.17 ^ Based on total foraulatlon as sprayed. A08803