Document eKnoXbZopNmRkOavBRperx04

FILE NAME: Kelly Moore (KM) DATE: 1977 May 27 DOC#: KM036 DOCUMENT DESCRIPTION: Letter from Calidria Asbestos to KM RE Proposed CPSC Asbestos Ban CARBIDE fa h d ria asbestos____________ ____________ UNION CARBIDE CORPORATION * METALS DIVISION P. 0. BOX 579 NIAGARA FALLS, N.Y. 14302 T E L : 716-278-3376 May 27, 1977 Mr. D. M e rrill Kelly-Moore P a in t Company, In c. 1015 Commercial S tre e t San C a rlo s , CA 94070 Dear Mr. M e r r il1l You are no doubt aware o f recent action by the Consumer Product Sa fety Commission (CPSC) to propose a ban on consumer use o f asb estos-co n tain in g ta p in g , sp ack lin g and jo in t - s e a lin g compounds. Their a ctio n was in stig a te d by a p e titio n f i le d on 7/15/76 by the N ational Resources Defense Council (NRDC). The CPSC voted on 5/2/77 to take action on the p e titio n v ia the "Proposal and Hearing" procedure. This involves the fo llo w in g steps and would probably take a minimum o f s i x months: 1. P u b lish the proposed re g u la tio n . 2. A ccept w ritten comments. 3. Schedule and hold a public h e a rin g . 4. Publish a fin al regulation. Although the CPSC has no ju r is d ic tio n over the manufacture and s a le o f products fo r commercial u s e , the proposed ban, depending on i t s wording and in te r p r e ta tio n , could in a d v e rte n tly a f f e c t the packaging and s a le o f products intended fo r in d u s tr ia l u s e r s . I t is our understanding th a t the usual commercial packagin g, 5 -g a llo n p a ils o f ready-mix and 25-pound bags o f dry-m ix, are stocked by some r e t a il o u t le t s , such as lumber yard s. I t is high ly probable th a t th ese products could be purchased and used by a " d o -it-y o u r s e lf" consumer. The CPSC, in p rio r a c t io n s , has taken an u ltra-co n se rv a tiv e approach th a t any_ product which can be obtained by a consumer i_ a "consumer product" and would be covered by th e ir r e g u la tio n s . This is the type o f question which could be discussed and resolved at a public hearing. The CPSC a ls o has the power to implement an immediate ban on a product and to order i t s r e c a ll to prevent further d is tr ib u tio n to consumers. Although we do not expect th is to happen, the NRDC and other a c t i v i s t groups are co n tin u in g to press fo r th is type o f a ctio n ; and the CPSC can vote at any time to change th e ir actio n p la n s. There i s , a t the present tim e, l i t t l e or no counter-pressure from in d u stry; and t h is is the main reason fo r our le t t e r to you. Enclosed is a copy o f inform ation se n t to the CPSC la s t September by the Asbestos Inform ation A s s o c ia tio n . This inform ation was developed by Dr. H. B. Rhodes o f our asbestos group. KM 01093 - 2- As you can see from the c o n t e n t s o f the en clo su re , we do not believe th at the use o f asbestos in sp ack lin g and s im ila r compounds presents a s ig n ific a n t ha2ard to the consumer. However, we do not fe e l th a t i t would be prudent to oppose a ban on asbestos-containing compounds in "consumer-type" packagin g, i . e . , 1-5 pounds or 1-4 quarts. The consumer does not need the high-perform ace products (containing asbestos) which are required by conmercial a p p lic a t o r s , and the "p rotection" o f your products fo r commercial use is much more im p ortan t. Also enclosed is a copy o f our le t t e r re ce n tly sen t to members o f the Consumer Product Sa fety Commission. We f e l t th at i t was ap propriate to take th is actio n before asking you to become in volved . I f you are concerned about the p o s s ib ilit y of an inadvertent and perhaps immediate ban on your a s b e s t o s -fille d products, even though they are intended fo r commercial u se , we su g ge st the follow ing a c tio n ; 1. Review the enclosure to determine the f a c t s about the is su e . 2, Express your concern to the CPSC, in cluding the following points; A . The e f f e c t on your commercial products which could r e s u lt from a ban on consumer products. B. Your preferen ce fo r the proposal/hearing procedure rather than any immediate actio n which is unnecessary and could have a severe d e le te rio u s e f f e c t on your b u sin e ss. C. A hearing is necessary to properly a ir the p o ten tia lly harmful consequences o f any CPSC a c tio n . D. S u gg est, i f you concur, th a t your products be labeled with the reg u la r OSHA asbestos warning plus "For Commercial Use O n ly ." This would be based on the assumption th at such products would then be exempt from CPSC r e g u la tio n s . Your comments, o p in io n s, e t c . should be expressed d ir e c t ly to : Mr. S . John Byington, Chairman Consumer Product S a fe ty Commission 1750 K S t r e e t , N.W. Washington, DC 20036 Please be assured th a t Union Carbide w ill take an a c t iv e part in a hearing or in any other phase o f the CPSC procedure where such a c tio n is appropriate and neces sary to a s s is t our custom ers. Please l e t us know i f you require addition al inform ation or wish to d iscu ss th is m atter in more d e t a i l . Very truly yours, John L. Myers u Marketing Manager KMX 01964 /cjb Enclosures P .S . I t is obviously a t your d is c r e tio n , but we would appreciate receiv in g copies o f correspondence between your company and the CPSC.