Document jg3Zoz40q7m3enMMjeN5gndoy

05/11/2001 13:34 203-583-2191 BERGMAN & PAGELER PAGE 34 Additional Beadex Documents 05/11/2001 13:34 203-583-2131 BERGMAN & PAGELER PAGE 35 UNION CARBIDE CORPORATION * METALS DIVISION . P.O.BOX 579 NIAGARA FALLS, N.Y.H3Q2 TEL: 716r278-337S December 22, 1977 Deceived 27 1377 Beadix Mfg. Company 833 Hauser Way N. Renton, WA 93055 ' Attn; Purchasing Agent Dear Sir: Because of the extensive publicity and since we have attempted to keep many of you directly Informed, you should not be surprised that the Consumer Product Safety Commission, has finally published their ban on "Consumer Patching Com pounds Containing Respirable, Free-Form Asbestos". A copy of the Federal Register notice, dated December 15a 1977, is enclosed for your information and file. To assist you l'n understanding the extent and effect of the CPSC action, we call your attention to the following items: 1. The CPSC ban covers only consumer products and does not cover Industrial , products or products (including consumer products) for export . For more details on the use of asbestos in industrial products, please see para graph 2 below and on the use of asbestos in products for export, please see paragraph 3 below. ` 2. Tha ban only applies to "consumer patching compounds" which contain "inten tionally added asbestos" from which "respirable fre'e-form asbestos fibers" can become airborne under reasonably foreseeable conditions of use. In the ban, a "consumer" product is defined very broadly as follows: 1304.1(c) "Only consumer products are subject to this regu lation. Patching compounds which are consumer products include those which a consumer can purchase. Merely labeling a patch ing compound for industrial use would not exclude such articles from the ban. If the sale or use of the product by consumers is facilitated, it is subject to the bars. Patching compounds which are labeled as, marketed, and sold solely for industrial in non-consumer environments are not subject to the ban. fin addition to those products which can be sold directly to i consumers, the ban applies to patching compounds containing I respirable free-form asbestos which are used In residences, I schools, hospitals, public buildings or other areas where con\ corners h&va Customary access."' 05/11/2001 13:34 203-583-2191 BERGMAN & PAGELER PAGE 36 UNinrl r.ARBlDF CORPORATION METALS DIVISION P.O. BOX 5^9 - 4675 ROYAL A'-'61, fat AGAR A FALLS, NEW YORK 14302 December 14, 1977 Individual!etters sent to: The Honorable S, John Byington, Chairman Barbara Franklin , Commissioner R_ David pjttle# Commissicner Consumer Products Safety Commission 1111 - 18th Street* NW Washington, DC 20207 Although we are aware that the Commission has moved to publish a ban on the consumer use of joint taping compounds containing tree-form asbestos, we wish to reiterate for the record our contention that the finding of "unreasonable risk" is not supported by the available evidence and we question whether "due process" was properly applied in this case. During the Commission's consideration of the ban, the Union Carbide Corporation has provided extensive technical date on the exposure to (Yee-form asbestos fiber during the use of these materials. These data have included: 1. A presentation and analysis of a11 of the commercial use data available, including data from a number of OSHA compliance inspections. 2. Detailed studies of a large and a small consumer installation of drywall. It should be noted these were the only exposure data presented during the proceedings that beah directly on the ban in question. The Union Carbide work was checked by two independent.laboratories and there is certainly no reason to doubt the levels found in the OSHA compliance inspections. In spite of this, your staff has continued to quote on analysis of risk based on exposures found in one commercial study of only 30-60 minutes duration that was conducted at vaguely defined operating conditions. This latter study showed exposures that were much hipher than all of ths other results including the OSHA data. The staff also based its estimate on an assumption of four extensive consumer exposures over the period of a year. While we have no objection to this as a maximum case, provided the appropriate exposure levels are used, risks are also quoted for five years of exposure at the same time. This number of exposures' is far beyond that which can be expected for consumers. In view of the statutory requirement for a showing of "unreasonable risk," we feel it is extremely important to draw these points to your attention. In the installation of drywall, three successive applications of taping compound are made about a day apart. The compound, when dry, may be sanded after the second and third application. On thisrbasis, two extended exposures can occur during the complete finishing, or extensiye remodeling, of a full room. The four exposures over a year used by the staff in their risk analysis thus corre- 05/11/2001 13:34 203-583-2191 BERGMAN S PAGELER PAGE 37 January 5, 1976 D-2 TO: ALL BEADEX EMPLOYEES SUBJECT: ASBESTOS HANDLING PRACTICES GENERAL: Beadex' Manufacturing company policies endeavor to provide a safe working enviornment for our employees. Certain products presently manufactured utilize asbestos in their formulation. Asbestos has been designated a hazardous material by the department of labor. Both Federal end State regulations establish certain criteria for asbestos handling, use and cleanup as well as the control of nusicance dust. Directive: BeadeX employees are required to comply with the work rules contained in this directive and with additional directions as may be provided by your supervisor. Failure to comply will result in disciplinary action, 1. Approved safety respirators (3M 8710), provided by BeadeX, shall be worn by any employee engaged in a potential dust creating tusk. i.e. mixer loading, material preparation, bagging, car unloading, sweeping tc. 2. -Dust Collection equipment shall be utilized as provided at mixing s bagqinq work stations. 3. Spilled materials shaLl be cleaned up immediatly after the spill occurs. 4. . Broken J/or torn bags will be repaired prior to storage. 5. Vacuum equipment will be utilized to clean oft clothing, 6. Questions s/or questionable circumstances regarding ar not covered in this directive shall be refered to your supervisor. L. Espinosa General Manager. Employee Signature 05/11/2001 13:34 203-583-2191 BERGMAN & PAGELER PAGE 38 anarm. UNION CARB1QE-GGRP0RATI0N . METALS DIVISION P.0.B0XS79-. NIAGARA FALLS, FJ.Y. 143D2 - TEL: 71 6-273-3375 October 1, 1976 Mi*. W. V. .Campbell Beadex Mfg. Company 833 Hauser Hay N. Renton, WA 98055 Dear Campbell: On Holy 15, 1976, the Natural Resources. De Tense Council,. Inc. and Consumers Union filed a petition with the Consumer Product Safety Commission requesting a ban on the use of asbestos in all patching, sparkling, taping, arid Similar compounds used by consumers. On September 1, 137G, the Asbeslus Information Assoeiation/NA presented a response to this petition on behalf of the asbestos industry. A copy of this response is attached. Action by the Consumer Product Safety Commission is expected in the near future, if you have any questions or would like further information, please let us know. Very truly yours, REB:cjb Attachment R. E, Byrne/Jr. " Area Manager Marketing & Technology received OCT ~ 4. 1976 BEADEX 05/11/2001 13:34 203-583-2191 BERGMAN PAGELER PAGE 39 hOSTH AWERlCft ASBESTOS INFORMATION ASSOCIATION 1835 K Street, N,W.. Washington, D,C. 20003 (202) 223-4B35 1 September 1976 . ' Mr. S. John Byington . Chairman Consumer Product Safety Commission 17SO H Street, tT,w._ . Washington, D. C. ,20036 , . . He: Petition of Natural Resources Defense . Council, Inc.,and the Consumers Union 1 of U.S.A., Inc., for the Promulgation of a Rule Declaring Certain Patching Compounds to be Banned Hazardous Substances ' i. ' ' Dear Chairman Byington: ' ' ' . The Asbestos Information Association/North America, an inTM .' corporated, non-profit organisation of firms and corporations engaged in the manufacture or processing of asbestos-containing products and in the mining and milling of asbestos fiber, de sires to comment on the petition to the Commission submitted July 15, 1976 by the Natural Resources Defense Council, Inc. and the Consumers Union of U.S.A., Inc. The petitioners seek an order by the Commission to ban patching compounds containing asbestos by declaring such compounds to be hazardous products. Comments contained in the attachment have been prepared fol lowing consultation with member companies of the Association and other expert sources of information.. * Weare pleased to have this opportunity to present our comments and to advise that, if desired, we are prepared to further address this matter with you or members of your staff. We wish to inform you that Ms. Shacter of the Commission staff has been highly efficient and responsive to her public interest charge in the conduct of business with this Association. We commend to your attention her professionalism and pleasant demeanor. Sincerely yours. T"h/7, ) rJ h. Mereness Executive Director Enclosure 05/11/2001 13:34 203-583-2191 *1 ' * BERGMAN & PAGELER ASBESTOS INFORMATION ASSOCIATION NORTH AMERICA 1835.K Street. N,W., Washington,. D,C. 20006 * (202) 223-4885 PAGE 40 Response to Consumer Product Safety Commission on petition by Natural Resources Defense Council, Inc.-and Consumers Union of U.5.A., Inc. for the Promulgation' of Rule Declaring Certain Patching Compounds to be Banned Hazardous Substances, dated fuly. 15, 1976. - f 30 August 1976 05/11/2001 13:34 203-583-2191 BERGMAN PAGELER PAGE 41 ' I introduction On July 15, 1976, a petition was filed by the. Natural Resources Defense Council, Inc. (NRDC) and Consumers Union of ' U.S.A., Inc* with, the Consumer Product Safety Commission pur- . suant to paragraph 2 of the Federal Hazardous Substances Act, 15 U.S.C- paragraph 1261 [1974) requesting that consumer patching ' compounds containing asbestos be banned as hazardous substances. . Patching compounds were indicated to include taping, speckling and joint sealing and joint sealing compounds. The petition alleged that continued use of these compounds' "... will result.In a . significantly higher incidence of cancer' (including lung cancer and mesothelioma) " and " that no cautionary label .would adequately ' protect the public from the risk of illness associated with patching' compounds." . The Asbestos information Association/North America is an association of 32 producers of asbestos and asbestos containing products. Members of the Association are directly'affected by the petition and wish to enter this response into the record. . . ' . ' II USE OF ASBESTOS IN BATCHING COMPOUNDS .. ' ` , ' '; . Composition of Drywa'll Compounds ,, The petitioners note correctly that the principal use of patching compounds by consumers isj in home drywall construction and repair. This discussion therefore will focus on the material generally used for the application, tape-joint compound (TJC).' . ' There are two principal types of join compound. One uses a latex or water-soluble .glue as a binder and "sets" by evaporation of the water. The other uses dehydrated gypsum as the binder (and the principal dry- ingredient)- , or gypsum in combination with water soluble binders, and sets by chemical reaction as the gypsum com bines with water of hydration. The evaporative type, composed' mainly of limestone, lesser amounts of mica and 3-5 percent as- bestos'plus the binder, controls about 80 percent of the market, and usually is sold in the ready-mixed, wet form. The hydrating type (gypsum-based), with roughly 20-percent of the market, also . typically contains asbestos and must, of course, be sold dry and mixed just before use. . . " - Asbestos is added to these compounds for two principal reasons: 1. It imparts properties to the compound (mud) which make it flow easily and smoothly when trowelled on, while still remaining viscous enough to stay in place during the initial stages of hardening. > 05/11/2001 13:34 203-583-2191 BERGMAN & PAGELER PAGE 42 3- - It also is appropriate 'to examine the significance of the quart of compound cited' in the petition as the typical purchase size. A quart of ready-mix compound 'weighs a little over three pounds and will finish about 45 square feet of drywall. This is less than two of the standard size '4' X 8' gypsum board sheets " and appears to-be a reasonable quantity for the usual do-it-your- self craftsman, ' Most of the packaging' and distribution of products' to- the consumer market is done by one of two of the large building'' products companies, Several larger companies' that specialize in - the consumertape -joint compound field, and -a substantial proportion, of the major paint manufacturers who market through their own distribution outlets. The medium to large regional manufacturing' companies which have a substantial share of the commercial TJC business generally are not involved. Consumer TJC is distinguishable from commercial TJC in that, the consumer product finally passes into, and through mass distribution -retail Outlets. ' . The question of container size Is particularly relevant to the issue raised by the petition, ` TJC- ror retail distribution typically is packaged either in a one gallon container of the wet' type or in ' a one pound or. five po.uhd package of. the dry type. The largest clearly identified consumer product found in our brief survey was a kit containing 18 lbs. of wet' compound plus tape'which was ' intended for use in the installation of 250 sq. ft. area, i,e_, a small room. Some large retail stores ,howe-vex-r stock- limited . quantities of commercial 5 gallon pails for the convenience of the smaller commerical contractor. While it is conceivable that a home- craftsman might purchase one of these1 5 gallon'pails,it would be a rare "home repairman, who would undertake a complete three room - -finishing job. Ready-mix compound intended for commercial use, by - contrast, universally is packaged either In 5 gallon pails (62.5 lbo.) or in 50 lb. polyethylene bags in cardboard boxes. Dry-mix .- compound-is packaged ih 25 lb. bags which yield approximately 50 lbs. of compound when water is .added,. If these 'commercial, containers are, jlidg* to' be . . packaged in. a lunn suitable for'use in the household11 ' ' the ban requested by. the' petitioners will "apply, not jtist to the consume; market (5% of the total)., but to the entire market, commercial as well as consumer.III III ASBESTOS EXPOSURE DURING DRYWALL -INSTALLATION . ' ' ' The petitioners do not provide any data which show . the level' of exposure that occurs during use of the compounds at a.scale and under conditions likely in consumer use. The only data presented is that of Kohl et al (Reference 7) obtained during a test performed at . one location by commercial drywall workers. Materials were handled on a much larger scale than that which must be considered here. ' Exposures -.recorded were high,, and it is alleged that .exposures -in . consumer use would be similar. . 05/11/2001 13:34 203-583-2191 BERGMAN PAGELER PAGE 43 5- - ' The concentrations described above all were ceiling concentrations obtained during sanding operations^ in most cases even commercial operators . do not sand for an entire shift so that the 8-hour time weighted average exposure will be considerably less. TWA values' for the study cited d) are shown in the table below: " SUMMARY OF .AIRBORNE ASBESTOS Fiber Concentrations: During Drywa.1T Sanding . Location . , New York City, N.Y. Ceiling , . -Exposure. . (Fibers/c'c > Sum) ' ' 0.4- `" Exposure Time During . Sanding ' ' (Hours) Estimated, 8-hour . TWa Exposu: (Fibers/cc 3 s.o . 0.3 . Hialeah, Fi L . . ' 1.0 r Ft. Lauderdale,FL (Hand) 1.1. . 4.o : ' ' 0.4 "" 1.0 --. * 1 O Detroit, MI '1-3 : - - ' 8.0 0.9 Dallas, TX 1. 8 0.5 ' 0.1 Ft. Lauderdale,(Foie) 3.4 . ,. 3,3 0.6 Niagara Falls,N.Y. 3.6 0.6 ' 0.2 It is our contention that these lower values are much more representative nf pv.posnre 'during commercial operations than, those cited by the petitioners. it is also our contention that, because smaller quantities are handled, peak consumer exposures generally will be no greater than the commercial ceiling exposuras recorded above. And, since consumers work with tape joint compound in frequently ,average or TWA'exposures for consumers will be much lower than for commercial operators. ; ................. . .IV IV THE MEDICAL EVIDENCE '. Petitioners cite,in support of their position, a selection of pieces from the medical, scientific and popular literature, some of which items, ace of questionable value in furthering the regulatory process. Because time does not permit a detailed analysis of each reference cited, we can only offer a few cautionary considerations to be borne in mind when studying the petition: 05/11/2001 13:34 203-5B3-2191 BERGMAN & PAGELER PAGE 44 7- - qualified, experts would conclude that: 1. Asbestos, when inhaled, causes' fibrosis (asbestosis). 2. Asbestos, When inhaled, is associated with the develop ment of malignant tumors of the bronchial system and lung and with mesothelioma, {in other words, asbestos ' is a carcinogen). . . , Pew, if any students of the subject would disagree ' with the conclusion that there is a dose-response relation- .ship between exposure to airborne asbestos and the devel- . opment of.asbestosis. There is also a substantial ; body of expert opinion! which supports the premise that there is a dose-response relationship between exposure to most, if not all, carcinogens and the development of cancer. There 'is no reason to believe, from the data available to usy, that asbestos is an exception to this ' . generality; although, at'this time, no one definitely can say at what exposure level asbestos becomes a. cancer hazard to man- '' . . ' ' Our view of the literature indicates . that no credible epidemiological Studies have been published which would suggest an excess of malignant tumors among persons ex-. posed to no more than 2 asbestos fibers per cc of air ' (TWA), using the presecribed membrane filter test method. This is a fact simply because there have yet been i dentified for study no populations the exposure experience of which consistently has been as low as 2 fibers. Since ' all populations studied to date have been exposed to " . substantially higher concentrations of airborne asbestos, we can conclude only that an excess of alb types of- as- bestoc disease is associated with levels of exposure significantly higher' than the level currently mandated to become effective On July 1, 197S.1' " Johns-Manville Corporation,the largest producer of fiber in the western world and the largest manufacturer of asbestos-containing products in the United States, also conducted a detailed medical review and the following conclusions were included in their state ment to OSHA. Exhibits B and. c from the Johns-Manville response are attached hereto for reference. ,' From page 4; " ^ Review of the Medical References cited By OSHA We have reviewed' in considerable detail all of the references cited by OSHA, and conclude from this study that these references totally fail to provide 05/11/2001 13:34 203-583-2191 BERGMAN & PAGELER PAGE 45 9- - "B. Criteria in Human Studies Types of evidence suggesting that an agent ...is carcinogenic in humans -include: ne'opia'stic response . directly related to exposure (both duration and. dose), TiucidenceT and mortality differences" relatecT/io occu pational exposure; incidence and mortality differences between geographic regions related to difference ex- ' posures .rather than genetic differences and/or altered incidence in migrant populations; time trends ' in incidence or mortality related' to either the intro duction. or removal of a specific agent from the environ ment; case control studies; and the results of retrospective- prospective and prospective studies of the consequences of human exposure. . Clinical case reports may also provide early warning of a potential carcinogen. Negative epidemiologic data may not establish the safety of sus pected materials. Negative data on a given agent ob- ' tained, from extensive epraemioXogic studies of suf~ ficienfc duration are useful for indicating upper limits for the rate at which, a specific type of exposure to that ageh't~dould affect the incidence and/or mortiality..of spe- . cxfic human cancers (Emphasis added.) " . . "t. Extrapolation from Experimental, Data and Evaluation, of Human Risks - Tie criteria listed above provide a guide to determining whether a compound is carcinogenic under a specific set of exposure conditions in a given species or.subpopulation* Quantitative extrapolation from animalstudies for the purposes of evaluating human risks entails large uncertainties at the present time. Each case must be individually e valuated, taking into consideration such factors as adequacy of experimental design, statistical significance of the . . ' data, dose-response' 'relations, duration of exposure , route . of administration, metabolism find ii'd-i ng species variations) ; host susceptibility, co-factors and other modifying factors, and the amount of the material to Which humans will be exposed. The criteria for extrapolation may vary depending on the agent in question. (Emphasis added.)". The National Cancer Institute report does not appear to support the osha position that the concept of a "no effect" or "threshold level" may have little real significance. -. V STATEMENT OF POSITION For the reasons cited above, it is the position of Llie AIA/NA that: .1 1- Because consumers use tape^joiht compounds in small . quantities and at infrequent intervals, the levels of airborne asbestos to which consumers will, be Figure 1 t orAIWJORHE ASBESTOS FIBER CQKCENTJlATION (F Ibm /cc lont?0 5 mJeranetm) PAGE 46 BERGMAN & PAGELER 203-583-2191 05/11/2001 13:34