Document jdKEB001eG66Yp3eYq9r7Kmy

* NORTH AMf RICA ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 December 30, 1988 Mr. Jay Plager Administrator, Information and Regulatory Affairs Office of Management and Budget Room 246, Old Executive Office Building 17th Street and Pennsylvania Avenue, Washington, D.C. 20503 N.W. Re: EPA Docket No. OPTS 62036 Dear Mr. Plager: The Asbestos Information Association/North America (AIA/NA) has participated actively in the Environmental Pro tection Agency (EPA) rulemaking under the Toxic Substances Control Act (TSCA) in which the Agency proposes to ban or phase out all future uses of asbestos. The EPA staff has informed us that a draft final rule was submitted to you within the past week in accord with Executive Order 12291. Given the immense size of the record compiled in this rulemaking, AIA/NA would like to bring to your attention key record documents that may prove useful to your review. As we understand your role under Executive Order 12291, it is to review the Regulatory Impact Analysis accompanying all draft final rules and to n[m]ake a determination that the factual conclusions upon which the rule is based have substantial support in the agency record, viewed as a whole, with full attention to public comments in general and the comments of persons directly affected by the rule in particular." Your office is also asked to review whether "the potential benefits to society for the regulation out weigh the potential costs to society," whether "the alterna tive involving the least net cost to society" has been cho sen, and whether "aggregate net benefits to society" have been maximized "taking into account the condition of the particular industries affected, the conditions of the na tional economy, and other regulatory actions contemplated for the future." Each of these aspects of review under Executive Or der 12291 is also integral to TSCA's statutory criteria. HWBUI0003889 Mr. Jay Plager December 30, 1988 Page 2 Specifically, TSCA requires balancing of costs and benefits under its "unreasonable risk" test, and directs that EPA se lect the "least burdensome" regulation that will address un reasonable risk, giving due consideration to addressing those risks under other statutory authorities. It further provides that any rules shall be based on substantial evi dence in the record. OMB's review here is thus not only to assure compliance with the President's directives but also in line with Congress' statutory directives under TSCA. In light of the immense record and the significant precedential importance of OMB's review of this rulemaking, we have prepared the attached short memorandum that sets forth the key issues raised by the factual record the Agency has compiled. To aid your review, we attach the most rele vant record material addressing each issue. This listing of key issues does not attempt to encompass all of the many factual errors in the Agency record that we raised during the rulemaking; rather, we ask that you review closely the generic issues for which we believe the Agency's own view of the facts does not support a regulatory outcome of banning or phasing out asbestos use, with the resultant demise of a viable industry in this country. If we can be of further assistance in identifying relevant materials in the Agency record, please call me our contact our counsel Edward W. Warren at Kirkland & Ellis (202-879-5018). Respectfully yours. President Enclosure cc: Lee M. Thomas, Administrator, EPA Charles Elkins, Director, Office of Toxic Substances, EPA Joseph R. Wright, Jr., Director Office of Management and Budget EPA TSCA Docket Office