Document dDDEZXbj09DoL6wQYovb1mpw9

The Cosmetic, Toiletry and Fragrance Association, Inc. 1133 15th STREET, N.W., WASHINGTON, D.C, 20005 202/331-1770 TELEX 89-2873 TO: Talc Subcommittee FROM: Charles R. Haynes SUBJECT: CPSC October 17, 1979, Federal Regulation Notice on Consumer Products Containing Asbestos DATE; October 26, 1979 James H. Merritt Prasldant E. Edward Kavanaugh Senior Vice Praald&nl Norman F. Estrin, Ph.D. Vice President--Scferres Stephen Hull McNamara Vice Prsidant--G enomi G ounit Margaret w. Smith , Dimeter Communications/tAe 'mbar Services Joan McNaal Directr-- Publc Inform ation Attached is a summary of the above mentioned Notice. A complete copy of the Notice was mailed to each of you earlier this week, which you should have received by now. I would ask the Subcommittee, as a whole, to review the document and file a report with the CTFA before (Thursday) November 15, 1979, with regard to its impact upon our industry. I apologize for the short review time, but with the Notice's December 17, 1979, deadline we will need time to develop a position paper -- if one is needed. CRH:nc Enclosure cc Norm Estrin, Ph.D. A1 Wick R. Dexhemier PLAINTIFFS EXHIBIT WCD-376 Goodhue WCD 000055 1798 ill!5--fcwssssI (1) Identifying'Ihe problem; g!g g ^ Z K S K * * . -J*ctive W M O . ^ i S d ^ 8/ company employees, from many ' tntp government agencies, and SSSJt&JuS. " w "e"' PRODUCT SAFETY A LIABILITY REPORTER jj 'c*n n r mandated that passive restraint systems be i t int0 ,,me modelsof new cars beginning in isai. corporated int *SW riflzzningell amendment is par- implementation of all occupant restraint systems, not just I ^ v e m erai,i t e sS o g of ^edfically excludes belt systems from the freeze on spend * * ^ 0 hazard evaluation phase, he told the attendees, thorough evaluation is M d e at ,, t e l itS u c t,a in addition to information on potential in juries. other Information Other informat on which the company looks lor, he said is wheteer there is'a probability that the n u m H of defective -- K i ^ S a S ' S f i sproducts will increase or decrease over a per Lsy-st.e^ms^, e^r reomnneSntal la^na Ksajy ^^gin ecrin rX rdvMehoictoler -- - ,,M! of e w S e n t regulations'' are dictating to manufacturers ~ a - . - fi if; ,J S 7 h . - I d M * - t t e W * * * * ~ Vv limits of technology. :e & s s s s ^^Hazerdoue Substances ro s e EPA PUBLISH JOINT STATEMENT ON cboRDlNATlDN OF REGULATORY ACTIVITIES The Consumer Product ^ e t y C ^ ^ o n October 17 published an advance notice^jd^wp^iTM anos? Oc- consumer products conUlnraasbestos/{44 . `"ih e CPSCa9nd the E n v iro n W aP f4 tecU o n Agency also published a joint statement on coordination of regulatory ac- arts Estfgz*--< s s tee commercial and industrial use of asbestos fibers <64 FR 60056, October 17, 1979). ,,articles The CPSC-EPA joint statement noted that both age ,,u,,e#airtm nmvious regulatory action to control human ex-J s a r a i t Si's? - -- - I"; K 5ASESASA* A t o -hcampaign, customer response . | s riM of foe item is the product, Auto Saiaty ru^" "o" SALTLA ^ A `corAt CHICARO rn - (By a PSLR staff correspondent) - cerned that human exposure ^ sources may present an unreasoiwb e heaUb rista The CPSC, the statement e x p la in e d ^ aum y regulate asbestos under the Consumer and the Federal Hazardous Substances Act, w regulates "*r the Toxic Substances Control g OTA which also issued an advance no. ice of proposed tr A , wracu m; j fftr4 --iij be a broad one to sources and to evai cycle analysis, the i end use and disposal, m e 3 a S K 3C Sa55i K - c,,all on the Senate to tall a r e ou would halt implementation of air nag sya Hleafil*t another year. . . . _ ^ u n g to The 80s." Jack S s .f - S S formation gathering * share all a a ^ jg a a ^ ^ iflg tf 5g n ,Ma ` o S o r c e m e n t of any standard reqiurmg occupant restraint rreegsuullat tfiroonms, theaecshe i.n"8vesti^g*atKionnnsfwwiillll bbee ddeevveelloopped In close consultation with the other agency. systems except belt systems. 10-19-79 Product 5ofty & Liobilfty Reportor oHB-rraa/rwsmso Goodhue WCD 000056 CURRENT REPORT^ 799 r C P SC Approach Petersburg, Fla.; Johns-Manviile RAD Center, Denver, Colo., NAHB Research Foundation, Rockville, Md.; Owens , rPSC's advance notice of proposed rulemaUng solicited Coming Fiberglass Corporation, Granville. Ohio, and other nfnrmation on the use of asbestos in consumer products and CPSC's approach to the problem, The agicy plans S V e e n e r a l and special orders to require manufacturers fnd private labelers to submit informatioR on the use d locations; Louisiana Pacific Corporation, Fruita, Colo , Southwest Research Institute, San Antonio, Tex.; Sparrell Engineering Research Corporation, Salem, Mass., Technical M icronics Controls, Huntsville, Ala., J is to s specified products. The CPSC will * I t products containing asbestos for priority attention based L ( it the number of units of the product estimated tobe:in use by consumers; (2) the form and location of the asbestos Underwriters Laboratories, Northbrook 111.; and Umted States Testing Company, Hoboken, N .J., and other locations. in the product; (3) the frequency, duration, manner, and location in the consumer's environment of product use, in Hazardous Product eluding such factors as the expected usdunifeof f e produc and the presence of heat and moisture, and thehkeiAcwdof CPSC ISSU ES W ARNING ON TWO TYPES i OF ENERGY SAVING THERMOSTAT REGULAJORS abrasion during use or foreseeable misuse; (4) the likely availability and feasibility of substitutes for asbestos m the product; (5) the relative ease of data collection and analysis by the commission and the reporting burden on The Consumer Product Safety Commission issued a warn ing to consumers October 15 to stop using two types of energy saving home thermostat regulators because of a industry; and (0) the degree of potential overlap of CPSC reporting requirements with the information gothenng efforts of other regulatory agencies, particularly the EFA. possible fire hazard. The two energy saving devices are the Automatic Day/Night" thermostat control manufactured by the Fuel Types of information to be sought by CPSC general and special orders include; specific product identification infor Sentry Corporation, Mt. Vernon, N.Y., and the Home Energy Saver" manufactured by the Fuel Gard Corporation, mation; the function performed by the asbestos in the product; available lest or other data concerning asbestos fiber emission; information on the promotion, marketing and use patterns of the product, and information on possi ble substitutes for the asbestos ,n the product. The CPSC said its general approach to asbestos in products is to seek the elimination of all non-essential uses of asbestos from which asbestos fibers are released during foreseeable conditions of use, including misuse. The commission proposes to take regulatory action on the basis of a deter mination of the fact of asbestos fiber emission, rather than a quantitative assessment. Comments on the CPSC advance notice of proposed rulemaking should be submitted by December 17, 1979. Comments should be addressed to the Office of the Secretary, Consumer Product Safety Commission, Glastonbury, Conn. ... j Both products consist of a small rectangular heater and an electric timer. The heaters were designed to be mounted on the wall beneath the thermostat and connected to lb1" : trical timer which plugs Into a household socket. At predesignated times, the heater triggers the thermostat, causing*it to shut off the home furnace. In two instances, the CPSC said, the adhesive backing of the heater melted, causing the heater to fall to the floor onto combustible materials. No injuries have been reported. The heaters were manufactured with integral carbon resistors which may overheat and start fires, the CPSC said. The defective heaters have caused at least 17 instances of sparking or flaming since July 1977. The devices were sold ^ umts Washington, D.C. 20297, and should refer to "Asbestos, The advance notice of proposed rulemaking appears in the Text Section of this issue on p. 80S. h ..* . manufactured between September 1976 arm August 1977, and between November 1977 and May 1978. They are labe ed *Activator" on the front, and display a date code on toe back which fails within the following ranges; 396 through 526, 017 Tasting DOC PU BLISH ES LIST OF LABORATORIES ACCREDITED TO TEST INSULATION M ATERIALS A list of 30 companies that were accredited for one year to conduct specific tests on thermal insulation materials was published by the Department of Commerce October 1 ( FR 60052, October 17, 1979). According to DOC, the laboratory which has been ac credited to perform one or more of the B2specified methods of insulation testing may announce trade press, but may not publicize the fact in consumer media, advertising, or on product iabeK Among the laboratories accredited by DOC are. Butler through 327; 437 through 527; and 018 through 218. In addition, the CPSC said, only " Activators containing a brown colored carbon resistor (visible through he eyhok slot in the back) are potentially hazardous. Units with resistors of another color are believed to be safe, even though they may carry one of the date codes listed above. Fuel Sentry announced a recall in 1978, but fewer toan half the units were returned. The company has since filed for bankruptcy and is no longer repairing the devices. Retailers are making refunds or replacements, the commission said. The Fuel Gard heaters were manufactured with a simulated wood finish and were labeled1'Fuel Gard''in rais ed lettering. Hie CPSC staff is working to d e v e ^ a conective action program with the company to enable consumers to Manufacturing Company, Research ^ " ew^ Mo.; Certain Teed Corporation, Blue Bell. Pa., Certif ed return defective units. Testing Laboratories, Dalton, Ga" Conwanv Dalton, Ga.; Dynatech R/D Company, cam bridge Mass,; Dynatherm Engineering, Lino Lakes, Minn., DOW Chemical U.S.A., Granville, Ohio; Factory Mutual Research, Norwood, Mass.; Hauser U boratones ^ u ld er, Colo international Acoustical Testing Laboratory, Minneapolis, Minn,; Jim Walter Research Corporation, Budget LAST MINUTE CO M PRO M ISE GIVES SAFETY AGENCIES TEMPORARY FUNDING T ie prospect that the Consumer Product Safety Commis sion, the National Highway Traffic Safety Administration, 10-19-79 Copyright 1979 by tnC Goodhue WCD 000057