Document daLpb6Y31ZmL6423aO15qV2M9

tpk CenalnTeed Corporation PO Box 860 Valley Forge, PA 19482 (215)687-5000 Thomas A Dougherty Vice Piesident - Industrial Relations October 21, 1983 Mr. Alvin L. Aim Deputy Administrator U. S. Environmental Protection Agency Room W1216, Vi'est Tower 401 M Street, S.W. Washington, D.C. 20460 Dear Mr. Aim: Thank you for giving, us the opportunity last Wednesday to discuss our concerns regarding EPA's announced plan to issue a proposed rule banning certain asbestos products. We believe very strongly that such an action is not justified by medical and scientific evidence and we were somewhat relieved to receive your assurance that the expressed intention only represented a recommendation from your staff and that a decision to follow that course had not been made. During our discussion we pointed out the adverse impact on our markets of the mere announcement that consideration is being given to issuing a ban. To illustrate the seriousness of the situation in that regard, I am attaching a copy of a letter from your Mr. Jack P. McCarthy to the Ductile Iron Pipe Research Association. Ductile iron pipe is the major competitor of Asbestos Cement pipe and we are finding copies of this letter turning up in the offices of all of our customers and users of our product. I'm sure I don't have to tell you what an unfair disadvantage this has created for us. We believe that issuance of such a letter was completely inappropriate and we would like you to give us the rationale behind it.. We shall appreciate any action you can take to correct the misimpression created by the letter and to prevent future issuance of similar documents. CAP CO JEN 0010820 Mr. Alvin L. Aim October 21, 1983 Page two Thank you again for taking time from your busy schedule to meet with us. The action being considered by EPA regarding asbestos will have grave impact on thousands of workers and on many businesses. Therefore, thorough consideration must be given to all of the factors involved before any rules are proposed, especially any as draconian as those planned. We and, I am sure, all others involved in asbestos related industries will welcome the opportunity to assist your agency in giving such consideration. Very truly yours, Thomas A. Dougherty TAD/cm1 cc: Mr. Don R. Clay Acting Assistant Administrator for Pesticides and Toxic Substances U. S. Environmental Protection Agency Room E 637, East Tower 401 M Street Washington, D.C. 20460 Mr. Horace Beasley Vice President CAPCO Pipe Company, Inc. P. 0. Box 3435 Birmingham, AL 35202 Mr. Jay D. Tutnili Vice President Mannington Mills Inc. Mannington Mills Road Salem, NJ 08079 Mr. Alan A. Verploegh Vice President - Marketing J/M A/C Pipe Company, Inc. 1051 Sperry Road Stockton, CA 95206 Mr. Martin J. Sendecki Manager, Safety & Environmental Protection Congoleum Corporation P. 0. Box 3127 Trenton, NJ 08619 CAPCO JEN 0010821 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 AU6 18 1933 Mr. Edward D. Heffiernan Washington Representative Ductile Iron Pipe Research Ass'n. 1875 I Street, N.W., Suite 1025'. Washington, DC .20006 orxcz or PCSYlClOCS AMO TOXIC SUBSTanCI Dear Mr. Heffiernan: The purpose of this letter is ,:to. provide an update of the U.S. Environmental Protection Agency's program to investigate the risks posed by commercial and industrial uses of asbestos. Don --R. Clay, Acting Assistant Administrator'"for Pesticides and Toxic .Substances, testified before the ..Senate Subcommittee. on -Environment and Public Works .on -Duly '27', 1983. In his testimony, --Don; briefly outlined plans-<tOT>ublish in the-^-next-year a proposed .rule banning certain asbestos product categories under the .authority of the Toxic Substances Control Act. He also said the .Agency would issue either an-Advance Notice of Proposed -^Rulemaking (ANPR) -or a -proposal-^-which would establish -a--staged production cap on the remaining asbestos uses. The categories under consideration for -a product fan are roofing felt (both saturated and unsaturated), flooring felt, --asbestos felt-backed vinyl -flooring,-"vinyl asbestos floor tile, ..and asbestos cement pipe and fittings _T am calling this testimony to your attention because I believe it is important for your planning efforts for you to know `as early as possible the direction .the Agency is taking on --rregulating asbestos. If you would like to obtain a copy of the -----testimony, you may-call -800--42-4--9065; in Washington D.C. call ,i554--1404. ^Sincerely yours. Director TSCA Assistance Office CAP CO JEN 0010822