Document gXxGmD3KbEXXZJMJ75VN9xY3

wv^ v * R.. L.- Schul.t t , W..C. Thurber File 1A. SJS3SS7&S ce; ujc-r ^p/V yr-,5.3 UNION CARBIDE CORPORATION METALS DIVISION P.O.BOX579 NIAGARA FALLS, N.Y.U302 TEL:716-278-337 May 6, 1977 Mr. E. L. Aasen Head of Corporate Purchasing Georgia-Pacific Corporation 900 S.W. Fifth Avenue Portland, OR 97204 j^y^/77 -- ^ I X*-ro '0UM.Ma.ck JM ifM<,-z&^rs. Dear Mr. Aasen: This is in response to your request to Mr. R. E. Byrne, Jr. for information on recent actions by the Consumer Product Safety Commission regarding the use of asbestos in spackling compounds. On July 15, 1976, National Resources Defense Council, Inc. petitioned the CPSC to ban consumer taping, spackling and joint sealing compounds containing asbestos as haz ardous substances. After considerable review, and several meetings, the Commission voted on April 28, 1977 that this petition should be granted. At the meeting, however, the Commission split 2-2 on whether to move via the proposal and hearing procedure under the Consumer Product Safety Act or implement an immediate ban under the Toxic Substances Control Act. On May 2, 1977, the fifth Commissioner, Lawrence M. Kushner who was not present at the April 28 meeting, voted for the CPSC hearing routeand this procedure is now in progress. In this approach the CPSC will pub lish a proposed regulation. There will be a time for written comments and a public hearing where testimony can be presented. It is expected that this process will take at least six months. Since the Commission has already voted in favor of the ban the burden of proof is on those who oppose this position. Union Carbide does not believe that such a ban is appropriate and plans to present this case at the hearings. It is also important to realize that the CPSC only has the power to regulate the manufacture, distribution and sale of products which present "unreasonable risks of injury" to the consuming public. A "consumer prod uct" is defined as "any product, or component part, which affects inter state commerce and is customarily produced or distributed for sale (1) to a consumer for use in or around a household or residence, or (2) for the personal use, consumption, or enjoyment of a consumer..." The CPSC does not have jurisdiction over products which are manu factured and sold for commercial use. The impact of any ban or restriction that may be promulgated would depend on an interpretation as to whether the 5 gallon pail or 25 lb. bag (dry compound) that are used to package product for commercial users falls under the definition of "customarily produced or distributed for sale (1) to a consumer". It is our understanding that such AuU4 1 V Wr. E. L. Aasen -2- May 6, 1977 products can, to a limited extent, be purchased by consumers in some lumber yards and retail distribution outlets.. This question will have, to be resolved at the hearings. It has also been reported in the press that the National Resources Defense Council plans to file suit pressing for an immediate ban under the Toxic Substances Control Act. In the event they do, it seems unlikely that the Commission having once considered and rejected this approach, will return to it. In summary, the CPSC has voted to move towards a ban of asbestoscontaining taping, spackling and joint sealing compounds for sale to consumers. This hearing procedure now in progress may or may not result in the promul gation of such a ban. Any action taken will effect material manufactured and sold to commercial users only to the extent that the packaging and sale of such products is judged to cause them to enter the consumer market. It is anticipated that it will be at least six months before any final regulations are promulgated. Very truly yours, ' ft. /ib-crvL^ Harrison B. Rhodes Technology Manager HBR:dal CC: Mr. R. E. Byrne, Jr. <i -rpM Georgia-Pacific Corporation 90o s.w. Fifth Avenue Portland, Oregon 97204 Telephone (503) 222-5561 * May 9, 1977 Mr. R, E. Byrne, Jr. Union Carbide Corporation Mining & Metals Division P.0. Box 579 Niagara Falls, New York 14302 Dear Bob: This is to acknowledge receipt of Mr. Rhodes letter of May 6 explaining the recent action by the Consumer Product Safety Commission regarding the use of asbestos in spackling compounds. It was also Interesting to learn just what powers this commission has and those areas where they do not have jurisdiction. Irregardless of these facts, we have made a decision to dis continue using asbestos in our wallboard tape joint compounds and we need help in disposing of existing inventories of SG-210 and KPO asbestos and in re-directing the carload of SG-210 now at Acme, Texas and another enroute to us at Chicago. Not counting these two cars we have the following inventories we wish to move, out: Acme Ak/on Chicago Marietta 33,355 (SG-210) 15,734 (SG-210) 14,245 (SG-210) 154,000 (HPO) We will appreciate any help you can give us. Thank you very much. Very truly yours, Purchasing Manager Gypsum Division ELA:hga cc: Messrs. G. E. Wilson - Portland (8) E. B. Hollingsworth - Wilm., Del(Gyp) TU rKarila -- T-f oar-A T.ah i VC