Document jBZppBLo5b9rOkGnwRJ0VY67R

'J September 10, 1980 FEDERAL GOVERNMENT RELATIONS DEPARTMENT STANDARQ DISTRIBUTION LIST ' FOR ISSUE SUMMARIES R.M, Arnold R.M. Brennan H.O. Burgess T.D. Finnigan J.S. Freeman J.E. Geoghan G.J. Hanks, Jr. A.S. Hart W.F. Herwig J.H. Hill D.S. Hirshfield C.M. Jaffin H.W. Kacy, Jr. R.F. Kelley J.J. Kenney, Jr. R. Leviton M.C. Lewis J.J. Martyak G.I. Mulligan J.V. Murray DeVier Pierson G.W. Phillips C.O. Preston K. A. Richards n. G.F. Rouse V).C. Rowland, Jr. W.S. Sneath J.C. Stephenson C.F. Tripp r /jr/#98A UCC 013856 A 08 36 I BUSINESS CONFIDENTIAL Not to be released without approval of R.F. Kelley UNION CARBIDE CORPORATION FEDERAL GOVERNMENT RELATIONS DEPARTMENT ISSUE SUMMARY #194A Draft Date September 17, 1980 REGULATION OF ASBESTOS Description and Background Asbestos is a known human carcinogen. Asbestos was the first material regulated by OSHA and has been subject to a standard since December, 1971. The Environmental Protection Agency (EPA) and the Consumer Product Safety Commission (CPSC) have worked out an inter agency agreement which divides up the regulatory responsibility for the massive asbestos efforts now underway. The Environmental Protection Agency issued an advanced notice of proposed rulemaking (ANPR) in October of 1979 regarding the commercial and industrial use of asbestos fibers. Their request was for voluntary submission of a tremendous amount of information, and listed the regulatory options they have under consideration. The EPA will regulate asbestos under the Toxic Substances Control Act or TSCA, the Resource Conservation and Recovery Act (RCRA), and the Clean Air Act. UCC 013857 *06362 Financial Impact (To be determined.) UCC Position (To be added later.) The Other Side In analyzing the exposure to asbestos, the EPA has used an innovative "cradle-to-grave" approach similar to that used to ban polychlorinated biphenyls. As described in the October '79 ANPR the approach is to measure the risk at each step in the life cycle of the substances (mining, milling, transportation, product manufacture, product use, and final disposal) and add them together. If the cumulative risk is judged to be unreasonable, the EPA takes the position that all except absolutely essential uses should be banned. They have already made a tentative conculsion that an unreasonable risk situation exists for asbestos, and this is reflected in the proposed regulatory alternatives. Allies and Opponents Our allies on this issue include the National Association of Manufacturers, the American Mining Congress, and the Asbestos Information Association/North America, all of whom have been involved with the regulatory aspects of asDestos. The Asbestos Information Association of North America has retained the counsel of Kirkland and Ellis for comments on various regulations. UCC 013858 UCC Actions Taken Union Carbide has been active in participating in the meetings with the National Association of Manufacturers and the Asbestos Information Association. Union Carbide has been supportive of comments submitted by the Asbestos Information Association in response to an advance notice for proposed rulemaking issued by EPA in October of 1979. key UCC Personnel Involved Harrison B. Rhodes, Metals, Niagara Falls Situaion Update and Outlook The CPSC wishes to issue a general order to require manufacturers, including importers and private labellers of specified categories of consumer products containing asbestos, to furnish the Commission with information on the identity of these products manufactured since 1977. Information will also be sought on the identity of possible substitutes for the asbestos in the products identified. The two major industries affected by the products listed are the appliance industry and the asbestos paper industry. While other segments of the industries producing asbestos consumer products may be covered in later orders it is not expected that the respondents to this particular order will be required to respond to any additional Commission orders. EPA is planning to prepare a section 8(a) rule in such a fashion to require information other than that mentioned in the Consumer Product Safety Commission. The UCC 013859 EPA listed asbestos as a commercial product, when discarded, is considered a hazardous waste In its May 19, 1980 RCRA regulations. The regulatory timetables that are now appearing give belief that there are several more years of regulatory investigations ahead with the result being substantiative legal challenges. It is likely that the courts may be the only possible source of' relief. Bans or mandtory substitutions are not expected as a result of the large scale regulatory actions in progress. Final regulations reducing the asbestos exposure may take one to three years to be promulgated with several more years after that open for industry to come into compliance. Federal Government Relations Contact: R.F. Kelley Supporting Contact: George J. Hanks, Jr. Telephone: (202) 872-8555 Address: 1730 Pennsylvania Avenue, N.W. Suite 1250 Washington, O.C. 20006 /jr/#194A UCC 013860