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,, ' ASBESTOS INFORMATION ASSOCIATION/NORTH AMERICA BoardpgeoefeD@ief&r !S._~_:!9M2ieeting National Association of Home Builders' Building Washington, D. c. A meeting of the Board of Directors was held pursuant to notice on December 6, 1973 at 10:00 a.rn. at the National Association of Home Builders' Housing Center, Washington, D. c The following Directors were present: James Armstrong E. c. Bratt A. H. Fay w. E. Gatewood T. Dougherty A. R. Hooker J. H. Marsh c. G. Morgan J. L. Rainey William Thurber F. J. Solon, Jr. Martin Sendecki Joseph Hall G. Parry Weiss J. K. Whittaker (Proxy) Bendix Corpor~tion H.K. Porter C0mpany, Inc. National Gypsum Company Certain-teed Products corp. The Flintko.te Company Raybestos-Manhattan North American Asbestos Corp. Amatex Corp. Union carbide Corp. Johns-Manville Corp. Congoleum Industries, Inc. GAF Corporation Garlock, Inc:. Nicolet Industries, Inc. Also present: Frank Zimmerman, National Gypsum Company: Robert H. Mereness, Executive Director, AIA/NA; Carol W. Grant, AIA/NA; Jill Cummings, Cadwalader, Wickersham & Taft: Theresa Seeley, Government Research Corporation: Susan Simons, Government Research Corporation; and Matthew M. swetonic, Hill and Knowlton, Inc Introductory Remarks In opening remarks, Mr. Marsh, President, announced the formation of the Association's Technical Committee under the chairmanship of Edmund M. Fenner of Johns-Manville. He said the list of nominations from member companies would be reviewed in the next week, and a meating of members of the Committee with OSHA officials would be held in early January. He stated that the Committee, in addition to working on provisions for Federal and State regulations as regards the f:XHISIT CRMC-Swetonic-002234 use of asbestos, would s~rve as an advisory body to the pre1!4nt and the executive director in connection with technical matters concerning the asbestos industry. Mr. Marsh spoke of the need for a medical spokesman for the Association. A discussion followed as to possible candidates for such a position and the availability of personnel with current recognized knowledge in the field of possible asbe.stos,:,".x-ela.ted diseases. The president welcom~d representatives of two ne:w m~~r companies, Bendix and Garlock, and personnel providing legal and informational assistance to the headquarters staff. Minutes \ On motion, the Minutes of the previous meeting, September 12, were approved as submitted. Report of the Executive Director Mr. Mereness advised the move of the Association's offic:e from New York to Washington was completed on OCtol;?~:i: 1. He dts,cu13.ed the volume of office work resulting from inc:::=Eia.E;,ed actiy:ity of Federal and State governments and public intt?r.~,t g;*'L1J?,J i;egarding the asbestos-hea,lth issue. Mereness reviewed the 6b!fe'ctives of the Association, commented on efforts to complete memoersbip opportunities, and voiced his appreciation of the coo~ration of members with the Association's staff. He spoke of close working relationships with asbestos trade associations and with the Quebec Asbestos Mining Association and the British Asbestos Information Committee. He said that actions were beinq taken to formally recognize tnese groups as affiliated members of the AIA/NA. He mentioned that a paper-back book was being consi,dered as an Association publication which would "tell the asbestos story and serve as an informational as well as a promotional "hand-out" for the industry. F~deral Government Affairs Terry Seeley and Sue Simons of Government Research Corporation reported on Federal Governmental activities affecting the asbestos industry. ~. Occupational Safety and Health Administration (OSHA) The early 1973 OSHA decision to re-open the asbestos standard and appoint an "outside" advisory committee was reversed in October when OSHA Administrator John Stender announced the procedure for CRMC-Swetonic-002235 ~t,tl!: .reviewing the st~;1<3:~;d. TijQ P.t.~g~gu~'.~i fqf standard within OSHA, wt,-ob will l;ie sul:),mJ,t;t~i:1 to ''o sultants for review, possil:)l;y' in Jan~;;i.i:y i.97"4. .. $i~l? OSHA will conduct in-plant tours to determine fe~#i ..;1.",_,. t'qf proposals. By July 1974, OSHA expects to be r@,Pi9 :t,qjP:#"@R~~,.,. its new standard. It is expected that the new stand~ra wt\+l eijj;>hasize work practices and engineering controls at the same time retaining the numerical exposure level requirements of the present standard. B. Food and Prug A.dnti;p.iiu:ration (FO:A) :~;:~g!::m?:;E~~::iigc;iii,i~:i;;:~!:,~i!it~ty or efficacy of the drug would be c:o~J;omisecl by t)it'! ~~.~.>.of a J10nasbestos filter, he would be pe:J:'lt\i;tted to.use an asbeJ:t:pj filter. The comment period on the proppsed regul.ation runs t.ij;o.o'ij~h Pecember 1973. To date, FDA has receivecl no coinments on the r~~;L~i:i<m. However, the Environmental Defense Fund, which, along wlth the Center for Science in the Public Interest, has petitioned FDA to ban asbestos filters altogether, is clearly dissatisfie'ci with the proposed regulation and can J:,~ e;,q,gc:t.e4 to c~;~J.g:i.~~ the :proposal. c. Mining En:forcemcnt.and.Safet.yAdmirtistrAt:i.on (MESA) The Mining Enforcement and Safety Administt~;t;ion q;:ne j,nto being during a re-organization of the Interior Qijp'~rt.J,n~p.t last Spring. It assumed from the Bureau of Mines ~~jpgnsipi1i1:,.y for mine health and safety. Two stanc;la,rds that af;~_ct thC;!. asbstos industry are currently under considE!ration in MESA. one l?;'Oposal. would change the particulate standard now used in metal and nonmetallic mines to a five-fiber standard. The comment period on the proposed rule ended in mid-October. No action has been taken. A MESA advisory committee met in October and will meet again in January to consider a definition of asbestos. Final action will not come before that meeting. The second MESA proposal applies to asbestos useage in coal mines. In November l.972, it w~js proposed that the current particulate standard be changed to a two.;,.fiber standard. No action has been taken on this proposal because MESA officials do not want a two-fiber standard; they would prefer that the OSHA standard be adopted for coal mines. However, NIOSH, which does research for MESA, insists on the two-fiber standard. The Bituminous Coal Operators Association has demanded a hoaring on the proposal. It appears likely that the hearing will be granted and that, consequently, final action on the standard will be postponed several months. D. Workmen's Compensation Major legislation to reform the workmen's compensation system is pending in Congress. The major bills have been sponsored by - ,. . - , , - . ~......, ... ---.- CRMC-Swetonic-002236 'and t,,I'!_ .-Senators Daniels. Wi Se l~lai~tea.-tab_iijelilli\!ti,i' J!{J . ,,,, - by Rep. irei'!ngRliil'' ,9;'.!f - =~:of workmen's compeli~iti-911, '1;)? ~~9y;4i~g ~*L.. _.. . , ..... 0!!~1c~~;urott~n:!a~!=&~r:::t1wl!1l!f!t,.t!ifdlf"~--,,v, ;'.:, Ji4'Qills thereby increase the demand for reform of tile "w6f;k...Q()it.,t," :sy~:t:;e~. Of ma;jor importance in bills is the provision to re-,cJef:iJte ttarising ~~t~~:~~!~ ~sifldJ!i l!~~~~~~~c~out of or 'inwthe,rcoUJ:se--.of-~,,., an. th1t-- s must v, ,,, Environmental Protection EPA's hazardous asbestos air poll.:ution st~dargs w~re set in final form in March 1973. They consiir~ p#;~;ti~ of .pai!x:fp~nce standards vice numerical stanclards, c~l,f;'gg @~!,@iltatal.Jy;.f;i: <rio visible emissions from a number of asbef:Si;c.ij~t~l.iiteaopii;'~tiohs and imposing restrictions on demolitidn op~?:a.;J;+.Ql'lS a.J:l~>,~::ip~stos content in spraying compounds. The Environm~i:it:a.l DefQ,i~'',fund has ol:)jeqtg<i t;,9;0 tbe~e.}, , 1. ing ~~L~~:~!!~JJJ~:11,il1~ i,, cles may be emitted into the i!iir. ~1J~1: l_i '"" ~ . a number of Results can plants not be for evaluation by tl\e 13)1,;tf:~ ,'ye expected before February !974, ltl'.i,~,,r;e, f'Q"""'r'"e' proposals for additional air controls on asbestos-related operations are not expected before Spring of next year. EPA proposed a standard for water pollution controls for asbestos manufacturing plants on October 30. The standards have to do with seven asbe~tcs product categories, but primarily asbestos-cement products, paper proquc:ts, millboard, roofing and floor tile. Reaction has been unspectacular. Significant changes to the standards are not predicted. Publication date is planned for February 1974. EPA has moved into the second phase of the asbestos water effluent program. The firm of Sverdrup and Parcel began six weeks ago to develop water pollution standards for textile products, gaskets, etc. not covere~ by the October JO standards. The final development of these standards will not likely be completed until next April. It will be several months before these standards can be officially proposed. Reserve Mining Trial People following asbestos events knew standards were coming, but high levels of asbestos in Duluth drinking water discovtred last Spring resulted in a landmark environmental t,:i~,I bu~J;t around the issue of ingested asbestos and intense public pt1;1JJaure on the Federal environmental agency's entire asbestos cont,roi program that could not be anticipated. About 19 weeks have been consumed by the trial. Issues remain fuzzy. The asbestos issue was a late addition to tb~''WA:ter.<pg~l~i:onFclispt;, 1 {!!::j~iftgm:;ii;ill~;~0f!";''~,;:: ~eh~~v~!;:e~!;,ot~~et; ingested asbestos -- and the immediately. From the start oi~f,~Ht~h<eOtfr' t'f@li.~l~19'r~ir,Atl~l~~9t:,L-~;9J~),ff:?,,; , .J'a/'' - m~September, the Government -- that is , plus assorted environmental groups -- ~VA ~d arg:u.ed t j i jj ; ,QE:P~*1i;f/.t;i"':6.i~t J'.slipot:n. the nam typ ely, e of Res asbe erve, stos all rather egedl than y tr fo~d ibui;i:l riynstI;,z':~:~~,tu, n~s4; ~afr.t"4iPtih'. ~.1m,;~!io/!:.v,~f)'!nl,Xt'Ce, of asbestos around the Lake. In late SeptemJ:>er, the ~t;. $l.,:ai scientists and others presented testimony on fiber courita in air and water, and repeated their frightening comro~nts on tbe health of asbestos workers. Dr. Selikoff has not presented adequate data on tissue analyses from diseased Duluth residents. The mid- =~:~~~a:~~:a~0niiHti; ~~tt~~llit~'"l~itt!ilfii~l~rffi~i1t!!it unable to support a decision to clgs~ t:ije ., ' ' ;; Th1i:f~iil,m9ved on to Reserve' s witnesses, who have been. t . . ;ing ii~~~;~i\\rly October. the stand , Reserve was but severa slow in putting l have testified, its an dmsegv,~ea~1 lwxin~q;~r~ij~wijisllon continue to refute the contention that the Dtlltjj::h problem poses a significant health hazard via the water supply and that there is no x-ray evidence to show adverse health effects. As it stands, the judge is disinclined to close the plant based on what he has heard. He plans to let the trial run through most of December and into the next phase of the case -that is, the economic phase. This will allow determination of the economic consequence of requiring Reserve to either close down or to change its disposal operations. While this has been happening in Minneapolis, EPA has been attempting to draft drinking water guidelines in response to a request from the Minnesota governor and the mayors of the various communities affected by Reserve's discharge. These com.nunities don't know if they are in the midst of a health crisis or not -they need official advice. EPA produced, in October, a recommen- dation that the asbestos levels in Lake Superior water supplies be reduced to levels technically achievable and more commensurate with levels found in water systems in other parts of the state. Technically, the recommendation must come from the President's Council on Environmental Quality. It must be assumed we are one step closer to a drinking water standard on asbestos. This could have great impact on the asbestos CRMC-Swetonic-002238 'industry, particularly on A/C pipe, if it can b~ shown to contribute asbestos fibers to the water. EPA admits that they don't have enough data to support a numerical asbestQ$ W<iter standard, but they are basing the Lake Superior recommendation on "prudence", and it is likely that communities outside Minnesota will become jittery about water supplies if asbestos particles are found. ~vironmentalists are pl~.1)\ng :~9, ?l~~+tlf.J.:v,'8?t,J~ treatJ.ng asbestos as ~ust as it regulates aa stbo~x,tiocswaaste*r-:p~oJilll:u''t~a,nqtl~w~iljJim'J;Jc~l;i.'-~- h,c.ot"""i~''<C'.' 1.t does not have enough data to SUJ?POJ:'"t. an a.Jll?.e~~~ ,(}~q,:c,_ ~~'!; the environmentalist's carcinogen and that no main arguments intentional or are avo i tha dab lteasc1o,len,.tr,,ii l.:t,)tj#'~;oJfn'~'ioj9f;Wn asbestos to the water environment should be allowed. Tliis argument could end.up in court. In sum, the asbestos industry aces five environmental policies: existing air pollution standards on asbestos; soon-to-be-finc1.lized water pollution standards on asbestos manufacturers; a soon-to-be announced recommendation that asbestos be removed from drinking water in Minn~s.;ota; a likely asbestos drinking water standard; and a possibl.e astiestos toii<r watet ~ollt,nt ~'~~e!F~~ , W8~1;A.~;\c,p;,. not the industry will have to meet water stanaaras in addi:t'ioti"to air standards now depends on Mt. Sinai's ability to produce definitive ingested health effects evidence. "The Image of the Industry" Mr. Swetonic, past executive secretary of AIA/NA and presently an account executive for the public relations firm, Hill and Knowlton Inc., said that "from the press point of view, the asbestos industry, as a result of national attention to the asbestos-hea1th issue, has news value only in the negative sense.p That is, an industry in the present climate that can be criticized for alleged desregard for the welfare of its workmen and the general pub1ic. sw~tontc said results of the AIA/NA Public Awareness study show that the average man has little concern with or awareness of the health problems being associated with asbestos. He emphasized that it is unlikely that the tone and content of future national press articles on asbestos will be greatly improved by efforts of the AIA/NA but that the stories could become "even worse" if the Association does nothing to tell its story. A continuing active publicrelations program is necessary, he said, and the Association should plan its public relations program not only to be responsive but in creative and imaginative terms as well. Swetonic suggested a public relations program that would center within the Association "to take individual companies off the hook"; provide for wide dissemination of timely, constructive news releases and articlesr carefully select responses to editors as a result of "damaging, irresponsible stories"; conduct advertising in the trade press; respond publicly to Government decisions affecting asbestos; assure appropriate representation a~d actions at Government hearings and public meetings conc:erned / ' with the asbestos issue1 establish a priority list of target audiences for its public relations efforts. Luncheon speaker Dr. Floyd Van At::ta, s.e. Jli.ot .x~.4.u.. st~.i.a..;L iJ.Y. 1st, Divis'ion of !~f~~~~r:!!j~ff~flr!f;}11i&Tlt:1f:ry-V~:Health Standards, OS!{.A, sp_Q,~,/~j:. tJ.\~:JlQP,~,)],_ 011. ~~1:j- procedures. He urged industry assistari<:.I!! in thEi q,vij+'9.emt,:t: pf procedures and practic~s, noting that NI0S1;1 has f~q.~f*~PP t'~~Jiarch, not OSHA. Van Atta said ten state occupi;it.1onal and')je!;llt~,programs have been approved to date. (It is believed the (4,g;~~: ~figl:d be 20}. He also said OSHA would not increase the current number of Federal compliance officers. (OSHA's '74 budget requests 64 additional compliance officers and the Labor-HEW appropriations bill. approved by j oill1:. Hqu~_g";'SE!.nate q9:q:f~:;-~.119e GQmp:d-J;t~e pJ;ovides for an increase of 245 compliance offi'dersr. . .. ., in'"Role of Indivi~ua_l Companies Meeting the. Asbestos-Health Issue1i Mr. Whittaker stated that AIA membership implies compliance with all laws ar..d regulations pertaining to asbestos. He said that if members do not respect the intent and purpose of occupational safety and health regulations, they are doing a disservice to the Association and the industry. He suggested a program of company visits -- to see how the other fellow is meeting problems in common. He said there was information and know-hown within the member companies that would be benefici~l to th~ ~ti~e industry. There was no objection to his proposal. wliH::h could be worked out on a company-to-company basis. He also suggested exchange of company safety and health technicians to increase methodology and techniques in compliance procedures. Mr. Fay made a motion that data on investment, empl,::-yment, and other information which might be helpful in preparing an "industry profile11 be provided to the Executive Director. A questionnaire to member companies would be prepared by the Executive Director and input from individual companies received by February 15, 1974. The motion was approved and so ordered. Mr. Armstrong urged that the Association come up with recommendations for changes to the OSHA regulations. Mr. Marsh pointed out this was one of the purposes of creating the Technical Committee. A motion was made and approved for the Technical CRMC-Swetonic-002240 Financial Report MarshT~~J;~;i~~iw~~J:Jt.:,:~i.~i~~}{Jk,i~~l?"9~il;1Iil'l ~fnlM1~ftiii~JI",.., . . a,,:i~:1t!r..,..,c.c funding leve~~g~ to piapn;tt, ;iy' , those provided for iri the 1914buclge New ausiness The date for the next regular meeting of the Board of Directors was set for March 7, 1974 in Washington, D. c., commencing at 10:00 a.m There being no further business, the meeting w,s adjourfii:id at 3:05 p .. m December 13, 1973 CRMC-Swetonic-002241