Document mv71ddXXBqJbebpjNDM8xgq0

IKTg RN AL CO EXES PO M BE NCE /lilTALS DIVISION To iName) Division Location Messrs. T. W. Carmody : - - NYO R. F. X, Fusaro - NYO J. L. Myers. - Niagara <4f. C, Thurber - NYO Copy to File P.O.BOX 579-4625 ROYAL AVE., NIAGARA FALLS, NEW YORK U3C Date March 6, 1978 Originating Dept. "Calidria" Asbestos Answering letter date Subject /" AIA/NA Response to OSHA Generic Standard Proposal A copy of the above-noted response is included for your information. The principal objective was to keep the door open for AIA/NA participation irK the hearings. Vie also wanted to stress the non-fixed places of employment question. The "recycle" objection was mainly to get this question into the record, I am listed as the speaker with the understanding that there is no problem to change this should it become appropriate. Obyiously, any statement made in the name of the AIA/NA will'be given proper prior review by Union Carbide. The endorsement of the AIHC proposal was not included. There was a feeling that the Asbestos Industry should keep a low profile for the present in this rulemaking and a problem with the lack of a detailed critique of the Model Standards. It is our intent to endorse at the hearings if the members are in agreement. .. HBR/rmm Attachment Harrison Bi Rhodes :v.UCCrQQ9086.. ^.iCEIVED MAR - 9 197E ASBESTOS INFORMATION ASSOCIATION '745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington; Virginia 22202 * (703) 979-1150 2 5 February 19 78 ... . OSHA Office of Consumer Affairs Room N 3633 U.S. Department of Labor Third Street and Constitution Avenue, Washington, D.C. 20210 N.W. Gentlemen: The Asbestos Information Association/North America requests the opportunity to make a verbal presentation of not more than fifteen minutes at the OSHA hearing on the proposed rulemaking for identification, classification, and regula tion of toxic substances posing a potential occupational carcinogenic risk. Harrison B. Rhodes, Dr. Engineering Sciences, Chairman, AIA/NA Standards Advisory Committee, will speak for the Association. (Technology Manager, Union Car bide Corporation, P.0. Box 579, Phqnq': 716/278-3375.) Dr. Rhodes.! comments will concern: ^ (T^ Yr^ . 1. The need for special'consideration of the construction industry and other industries characterized by non- fixed places of employment. - 2. The relationship of the.proposed generic standard to thecurrent and proposed asbestos standard. The Need for Special Consideration for Non-Fixed Places of Employment OSHA has heretofore recognized that there are conditions present in a construction environment, and not present in a manufactur ing environment, which warrant special attention. OSHA's October 9, 1975 Notice of Proposed Rulemaking-Occupational Exposure to Asbestos, OSHA stated: "The standard, as revised, would continue to apply to all workplaces where occupational exposure to asbestos is present, but would exclude the construction industry. V It is OSHA's intention to develop and pro pose a separate revision to the existing asbestos standard for the construction industry..In addition, the uniqueness of the construction industry itself (viz., the multiplicity of non-fixed workplaces, and the utilization of highly transient work .UCC. 0Q9Q87 inii Pg...2 forces ) strongly suggests separate treatment..-Although OSHA believes that health hazards faced by employees in the construction industry with regard to occu pational exposure.to asbestos are similar to those faced by their counterparts in other covered employments, OSHA recognizes that alternative administrative and engi neering controls may be more appropriate and feasible for the construction indus try." . The separation of manufacturing and construction standards as proposed for asbestos should be adopted by OSHA for all appropriate toxic substances posing a carcinogenic risk. The unique factors present in a construction environ ment and in other non-fixed workplaces where asbestos-con-- taining products are utilized are likely to be present in construction environments where products containing other toxic substances are used. These factors which are not pre sent in a manufacturing environment warrant special atten tion, including, but perhaps not limited to, a modified . approach to.compliance. The three model standards should not apply to the construction industry or to similar industries characterized by non-fixed workplaces. The Relationship of the Proposed Generic Standard to the Current and Proposed Asbestos Standard The OSHA standard for occupational exposure to asbestos was the first health standard promulgated under the Occu pational Safety and Health Act. This standard evolved through an emergency temporary standard published in Decem ber 1971, followed by a permanent standard in June 1972. In October 1975, a proposed revision of the standard was issued. Subsequently hearings were held before the Con struction Industry Advisory Committee to consider an appropriate standard for the construction industry. OSHA officials have stated that there is no intention to apply the October 4, 1977 generic carcinogen proposal to those standards already promulgated or to those currently in the rulemaking process. Such policy makes sense. It would not be sensible to recycle the asbestos standard through the generic standard procedures starting with a new emer- =-~.UQQ..00.9,088 ,, Pg....3 gency temporary standard. It would be unreasonable to dis card a standard adapted to a particular industry after seve ral years of study and review for a new approach designed for broad standards setting. It is recommended that OSHA specify in the final promulgated generic carcinogen stan dard that those substances now regulated by approved stan dards or currently in the rulemaking process be exempt from procedures under the proposed generic standard. Several provisions set forth in the model standards are questioned as to best available scientific evidence. In this regard, attention is invited to AIA/NA's April 1976 response on the proposed revision to the asbestos stan dard which is submitted as part of the record. Many of the provisions proposed by AIA/NA for asbestos are relevant to the model standards and are recommended for considera tion to be included therein. . -. . Yours truly, '- Mereness Executive Director RHM/sm Enclosure UCC 009089 -I uJ F!ttv\ t' CL &-A OF Nib YORK LEKAATNbbT Cr hNV IPO CENTAL CONSERVATION " Suochapter A . Prevention and Control of Air Contamination and Air Pollution FART 196 Asbestos-Containing Surface Coating Materials (Statutory authority: Environmental Conservation Law, Section's 14 and lb) Sec. . - . 196.V Applicability 196.2 Prohibition .' . ........ ' ' - . Section 196.1 Applicability. This Part shall apply'throughout the State of New York. ' . Section 196.2' Prohibition. No person shall engage in or allow surface coating by the spraying of asbestos or asbestos-containing materials. . ' EXPLANATION OF PROPOSED PARi 196 ASBESTOS-CONTAINING SURFACE COATING MATERIALS -The spraying'of asbestos-containing materials may cause detrimental effects to the safety, "health, welfare^- ana' comfort^ of-.the. public. Lxpe-y xiar.ce in industry clearly "indicates that inhalation-of--.asbestos may . . cause serious disease, and that some asbestos related diseases may- be found after exposure tc relatively low levels of asbestos. Alternatives to asbestos spraying include: . 1.) The continued use of present spray-cn technique using substitute materials for asbestos. . 2.) The use of other application methods. . ij narred qA P STATE OF NEW YORK DEPARTMENT OF LABOR BOARD OF STANDARDS AND APPEALS 11 NORTH PEARL STREET ALBANY, N. Y. 12207 March 5, 1974 MEMBERS HARRY R. MASON, chairman B. FRANKLIN SPENCER RICHARD H. BOLTON WILLIAM E. ADAMS GENERAL COUNSEL GAYLORD W. HYMEN EXECUTIVE SECRETARY Mr. R. H. Mereness Executive Director Asbestos Information Association 1660 L Street, Ntf Washington, D.C. 20036 . ' - Re: Proposed Amendment to Industrial Code Rule No. 12, Control of Dangerous Air Contaminants . Dear Mr. Mereness: This will acknowledge receipt of your letter dated February 22, 1974 in which you state the position of the Asbestos Association on the asbestos threshold limit delineated in the Board*s recent proposed code rule amendment. New York State's approach to determining threshold limit values is not specifically delineated in the standard. As you can observe by study of Code Rule 12, we have not included all of the standard explanatory language found in the ACGIH publication. However, Section 12-3,1 indicates that an opinion by a physician representing the Industrial Commissioner is necessary when dealing with concentrations of air contaminants other than those listed in the standard. Subsequently, after discussions with physicans in the Department of Labor's Division of Industrial Hygiene, it appears that a determination concerning a situation involving possible asbestos level violations would not be made on the basis of a single sample. It is my understanding that sampling will be conducted over a shorter period, for instance, two hours, and probably twice during a working shift as opposed to a straight eight hour test. According to my information, this method is an accepted one in the field of industrial hygiene when deajing with certain measurement methods. It would appear, therefore, that the approach to asbestos measurements by the Labor Department is in line with the recommendations made by your Association. If you have any further questions concerning the details of the testing procedure, I would recommend that you contact Dr. Jacqueline Messite, Administrator, Occupational Health Analysis, Department of Labor, 80 Centre Street, New York, New York 10013. . KRM:bas cc; Dr. Messite HARRY R. MASON Chairman ,U.CC,009,091 . copies to P. W. McDaniel J. L. Myers/H.B. Rhode?TATE OF NEW YORK P. J. Morgan J. W. Rawlings DEPARTMENT OF LABOR -Z- BOARD OF STANDARDS AND APPEALS 11 NORTH PEARL STREET ALBANY, N. Y. 12207 MEMBERS HARRY R. MASON, chairman 8. FRANKLIN SPENCER RICHARD H. BOLTON WILLIAM E. ADAMS GENERAL COUNSEL GAYLORD W. HYMEN EXECUTIVE SECRETARY February 19, 1974 Mr. W. C. Thurber Product Manager- Asbestos Union Carbide Corporation Mining and Metals Division 270 Park Avenue New York, New York 10017 . - Dear Mr. Thurber: . This will acknowledge receipt of your letter dated February 14, 1974, in which you stated your endorsement of the proposed amendment of Industrial Code Rule No. 12. Thank you for your interest in New York State's occupational safety and health program. Very truly yours, HRMrbas y?. HARRY R. MASON (X J Chairman UCC 009092 KtCEi VEO FEB 2 0 1974 fetaery 14, 1974 Board of Standards and Appeals Department of Labor State of New Ymk 11 North Plsarl Siratf Albany, New Yoric 12207 Attentions Mr. Harry R, Meson, Chairman Subject; IVoposed fartlol Amemfatent of Industrial Cede fart Qbb No.) 12 (12NYCRR 12) Gentlemen: Reference Is made to your tetter of Janaary 10, 1974, requesting discussion on Hie subfeet amendment. Union Carbide Corporation endorses the proposed change to measurement of cnbestoc air conttaninonts from Hie present 5 million particles per cubic foot to a permissible level of 5 fibers per cubic centimeter* Such a change Is in keeping with current federal Regulations end with generally accepted practice in the industrial hygiene community. Very ho ly yours. WCTies . , . .; . . W, C Umber Product Manager - Asbestos .. ' . : . . . .. bcc: Messrs. P. W. McDaniel J. L. Myers/H. B. Rhodes P. J. Morgan J. W. Rawlings UCC 009093 oe iis-a mmm* AHD METALS DIVISION To (Name) Division Location Copy to Mr. W. C. Thurber UCC Mining and Metals 38th Floor 270 Park Avenue New York, NY 10017 Messrs. P. J. Morgan J. L. Myers File P. 0. BOX 579, NIAGARA FALLS, NEW YORK 14302 Data Originating Dept. Answering letter date February 8, 1974 "Calidria" Asbestos Subject New York State Asbestos Regulations Dear Bill: A copy of the proposed change in the above noted regulations is attached. As far as I can see, the only thing done is to change the allowable level for asbestos from 5 MPPCF to 5 fibers per cc. greater than 5 micrometers. No distinction is made between TWA and Ceiling concentrations. The public hearing was on January 29 but written comments will be accepted until February 15. It seems to me that this is a very realistic approach and should receive strong support from the industry. I have no idea what kind of effort is being made by the Selikoff group, etc. but suspect they may be lobbying strongly to lower it. My recommendation is that you contact Bob Mereness to see what the industry plans to do. We may also want to file a UCC note separately. Regards, H. B. Rhodes HBR:cjb Attachment HECEiVE FEB 1 11974 UCC 009094 ; FROM EXISTING CODE RULE 12 - TABLE II--MINERAL DUSTS Skblljnct Mi!Han Puttielei Per Cubic Fool* 'N Asbestos ................................ .. 5 Dust (m:isance, no (tea silica) 50 Graphite (natural) ... : 15 Miti (tcfow lfo free silica) 20 Portland cement .................. Silica-- Class I** .. .................................................... Class If* ........... ............;.................... .......... . Class 111** . ................... ............... _............. Class IV** .................................... ............ . 50 . 50 20 10 5 Slate (below lfj free silica) ........ ......................... 50 Soapstone (below 1 5 free silica).................... . 20 .Talc (below lf free silica) -'N Tremolite .................................................. ............. \_ J - . Total dust (befow 1 5 free silica) ......................... 20 .5 50 * Using the l;chc field low-pover c.sthod of counting is described in the U,S. Public Health - Report 47 No, 12 March 12, 1932, pp. 694372 or its equivalent and a standard type impincer or other equivalent jas^rmsat for taking atmospheric dust samples, . '** CIau / Ro:i. Any rock formation uniformly containing up co aod includiog 5 9o by weight. of free silicon dioxide. . ** CLxis U Rcci. Any rock formation cnifaraJy containing more that* 5&, up co and including lOSS, by weight, of free silicon dioxide, . ** Cfa/r /// Jtefjfc. Any reck formation uniformly containing more than 10Sa* up co and including 40f3 by weight, of free silicon dieitde, , ** C/jff IV Rod, Aay ruck fonaacioa containing more than 40So* by weight, of free silicon " dioxide. . UCC 009095 . .. . . - . STATE OF NEW YORK DEPARTMENT OF LABOR BOARD OF STANDARDS AND APPEALS 11 NORTH PEARL STREET ALBANY, N. Y. 12207 MEMBERS HARRY R. MASON, chairman B. FRANKLIN SPENCER RICHARD H. BOLTON WILLIAM E. ADAMS OENEflAl. CO'JNSEL GAYLORD w. HYMEN EXECUTIVE. SECRETARY January 10, 1974 Dear Sir: Attached herewith is a copy of Public Hearing Draft No. 1, dated December 19, 1973, of a proposed partial amendment of Industrial Code Part (Rule No.) 12 (12 NYCRR 12) relating to Control of Air Contami nants. _ A public hearing at which the proposed partial amendment will be discussed will be held at the following time and place: Tuesday, January 29, 1974 at 10:00 A.M. Home Savings Bank Building - Room 1902 11 North Pearl Street Albany, New York 12207 Comments at the public hearing will be limited to the provisions contained in Public Hearing Draft No. 1, dated December 19, 1973, of the proposed partial amendment of Industrial Code Part (Rule No.) 12. We invite your presence at the public hearing to express your opinions concerning the proposed amendment. If it is inconvenient for you to attend the scheduled hearing, please send your, written comments concerning the proposed amendment to the Board at the above address on or before February 15, 1974. All written comments received by the Board, along with those made at the public hearing, will be carefully considered before final action is taken on the proposed part ial amendment of Industrial Code Part (Rule No.) 12. Very truly yours i Harry R. Mason Chairman UCC .00.9.096, __ Public Hearing Draft No. L December 19, 1973 PROPOSED PARTIAL AMENDMENT, of Title 12 of the New York State Official Compilation of Codes, Rules and Regulations, Chapter I, Subchapter A, Part 12 (12 NYCRR 12) INDUSTRIAL CODE PART (RULE NO.) 12 relating to CONTROL OF AIR CONTAMINANTS Written comments accepted until February 15, 1974 STATE OF NEW YORK DEPARTMENT OF LABOR BOARD OF STANDARDS AND APPEALS 11 North Pearl Street, Albany, New York 12207 Harry R. Mason, Chairman B. Franklin Spencer, Member Richard H, Bolton, Member UCC0O9Q9 <:;:u 'J I The Industrial Code of the State of New York Proposed Partial Amendment of Part (Rule No) 12 3 relating to 4 . CONTROL OF AIR CONTAMINANTS . 5 (Statutory Authority: Labor Law 27-a, 28, 29, 200, 299) 6 Title 12 of the New York State Official Compilation of Codes, Rules and Regulations, Chapter-1, Subchapter A, Part 12 ? The said Part (rule) as last amended effective May 1, 1971 is proposed to be `,8 partially amended in respect to Subpart 12-3 to read as follows: 9 Editorial Note: Delete present Table II - Mineral Dusts and insert new Table II as follows: 10 11 TABLE II - MINERAL DUSTS AND FIBERS* 12 Million Particles 13 Substance_____________________________Per Cubic Foot** 14 ' Asbestos* L Dust (nuisance, no free silica) ...... 50 Permissible Number of Fibers Per Cubic Centimeter of Air*** ........................... 5 16 Graphite (natural) ................ 15 17 Mica (below 1% free silica) ...................... 70 18 Portland cement .................................................. 50 19 Silica** - 20 Class I .......................................... 50 21 Class II ,............... 20 22 Class III ............................................... 10 23 Class IV ..................................... 5 24 Slate (below 17. free silica) ................... 50 25 Soapstone (below 17. free silica) .......... 20 26 Talc (below 1% free silica) .............. 20 27 Total dust (below 17. free silica) .... 50 28 _____________________________________________________ BSA-57 (5-67) .UCC..0090Q8.. 1 2 3 V 5; 6 7 8 9-+ 10 11 12 r 13 ' 14 15 16 17 18 19 20 . 21: 22 23 24 25 2627 28 * fibers longer than five micrometers, ** Using the light field low-power method of counting as described in the U.S. Public Health Report 47 No. 12, March 12, 1932, pp 669-672 or its equivalent and a standard type impinger or other equivalent instrument tor taking atmospheric dust samples. *** All determinations of airborne concentrations of asbestos fibers shall be made by the membrane filter method at 400 - 500 x (magnification) (4 milli meter objective) with phase contrast illumination. + For the purposes of this Part (rule), asbestos fibers includes the following: Actinolite, Araosite, Anthophyllite, Chrysotile, Crocidolite and Tremolite. ++ Class 1 Rock - Any rock formation uniformly containing up to and including 5%, by weight, of free silicon dioxide. Class II Rock - Any rock formation uniformly containing more than 5*4, up to and including 107., by weight, of free silicon dioxide. Class III Rock - Any rock formation uniformly containing more than 107., up to and including 407,, by weight, of free silicon dioxide. Class IV Rock - Any rock formation containing more than 40%, by weight, of free silicon dioxide. BSA-57 (5-67) .UCC -009099. * rfo,, ?7? t//>/?j R. A. CONNELL j/ 'I b Hx (L i .v 'SEr /9?s9- 46th Floor Tel. 5S1-633S ~A h- r>. cL. c V_ , /* . C cc *(- CCT 2 -.; vs;y\ UCC 009100 * BAN ASBESTOS FILTERS IN FOOD PREPARATION -- Mr. Biondolillo (Int. 1313) would ban ----- the preparation, manufacture, orocessing or sale in New York City of any food or drink wherein-asbestos'filters are used in producing the final product. Oorrmittee on~HeaIth and Education "' AUTO RENTALS -- PROHIBIT SPECIAL RULES POR YOUNG DRIVERS -- According to Mr. Merccrella's bill (Int.' 1324T auto rental agencies could not impose on oersons under 25, requirements other than those imposed on persons over 25, provided they agree to pay the higher insurance rates for such rental. Conmittee on Consumer Affairs REWIRE BUIIDINGS FOR* AIR-CONDITIONERS -- Int. 1325 (Mr. Povman) would require land lords to rewire inadequately wired buildings, upon request of a majority of tenants, in order to accommodate air-conditioners. Provision is made for landlord to recover these caoital costs by Increasing rentals in accordance with aonlicable law. Committee on Buildings ADJUST RENTS WHERE rAPROVHvIENTS PAID FOR -- Int. 1335 sponsored by Mrs. Ryan and MrGolden would require landlords of "rent controlled buildings to make an adjust- raent in rent where improvements such as refrigerators, stoves and t.v. antennas have been furnished and fully paid.for-by the tenant as part of a rent increase. . Carmittee on Housing '. ZONING RULES AND SWIMMING POOLS -- A bill introduced by Mr. Troy (Int. 13*10) pro vides that every bill of sale of a backyard swimming pool give notice that in erect ing the pool it will be necessary to conform to the Zoning Resolution which requires the edge of the oool to be located not less than five feet from any lot line. Committee on General Welfare . LICENSING BUILDING CONTRACTORS -- General building contractors would be required to be licensed and conduct their activities in accordance with a comprehensive set c4' regulations spelled out in Int. 13^ by Messrs. Katz and Gaeta. . Cormlttee on Buildings POH ruRTHER )Sr'N^M4T';'!s d* OR MICHAEL PEARL DIRECTOR, CITY GOVERNMENT NEW YORK CHAMBER OF COMMERCE & INDUSTRY 6 5 LIBERTY STREET NEW YORK. N. Y. . 100 0 5 MUNICIPAL MEMO IV. R.. C;,'.:.-c-Il Union C.arblio C;rr. Z70 Pork Ave. New York, N.Y. 10017 V UCC 009101 ASBESTOS INFORMATION ASSOCIATION H `AMtPiCA x3 'SBC !.. SMAet. N A WCvsT'^ct:?'1. 0 C 20C3E !OCO! 22 February 1974 Hr. Harry R. Mason, Chairman Board of Standards and Appeals Department of Labor State of New York 11 North Pearl Street Albany, New York 12207 Dear Hr. Mason: This letter is written on behalf of the members of the Asbestos Information Association/North America which represents 22 companies and approximately three-quarters of the asbestos mining, milling, manufacturing, and importing firms in the United States. It is our understanding a proposed partial amendment of Part (Rule No.) 12 relating to Control of Air Contami nants. Industrial Code of The State of New York, would serve to bring The Code in line with the present Federal Standard (OSHA) vis permissable exposure of employees in the workplace to asbestos fibers (actinolite, amosite, anthophyllite, chrysolite, crocidolite, and tremolite) to 5 fibers per cubic centimeter of air, fibers longer than 5 micrometer, and determining airborne concentration of asbestos fibers by use of the membrane filter method at 400 - 450 x (magnification) (4 millimeter objective) with phase contrast illumination. We are somewhat concerned to note that the 5-fiber standard is not defined as an 8-hour Time Weighted Average (TWA), as it is in the Occupational Safety and Health Administration standard. As proposed, the New York State standard would be considered a ''peak" or "ceiling" limit and, as such, would be one-half of the Federal peak standard of 10 fibers per cc. Despite the nomenclature, 8-hour TWA's do not have to be measured over a full eight hours, although this is, of course, desirable in order to obtain the most accurate measurement of an employee's exposure to asbestos. Four, 'Re-CEi VtSbi , FEB 2 5 m UCC 009102 UNION CARBIDE CORPORATION 270 PARK AVENUE, NEW YORK, \:.Y. 10017 LAW DEPARTMENT February 15, 1974 Mr. W. C. Thurber Mining & Metals 38th/-Flbor Re: New York State Asbestos Regulations Dear Mr. Thurber: As I advised you by telephone yesterday, John Whittlesey, our labor counsel in the Law Department spoke to Irving Kingsley by telephone yesterday regarding this subject. Mr. Kingsley is soon to become the Chief Industrial Hygiene Engineer. He said that unless the letter "cn appears next to the standard, the standard is a time-waited average. In the case of asbestos, the standard is on a time-waited average. Very truly yours, PJM:rs Patrick J. Morgan cc: Mr. R. F. X. Fusaro/File Mr. J. W. Whittlesey UCC 009103 FEB 1 9 1974 . .A. ' UNION CARBIDE CORPORATION 270 PARK AVENUE, NEW YORK, N.Y. 10017 LAW DEPARTMENT June 26, 1973 ju a ***'* Mr. W. C. Thurber Mining and Metals Division 38th Floor SM' / Re: Mining and Metals Administration Code of New York City - Asbestos Dear Mr. Thurber: Set forth below is the current New York City law concerning the emission of asbestos into the air. ..., ......... . ..... . v. . a . A " 1403.2-9,01 -Emission of air contaminant (including odorous air contaminant) or water vapor; detriment to person, property or plant ana animal life. - No person shall cause or permit the emission of air contaminant, including odorous air contaminant, or water vapor if the air contaminant or water vapor causes or may cause detriment to the health, safety, welfare or comfort of any person, or injury to plant and animal life, or causes or may cause damage to property or business, or if it reacts or is likely to react with any other air contaminant or natural air, or is induced to react by solar energy to produce a solid, liquid or gas or any combination thereof which causes or may cause detriment to the health, safety, welfare or comfort of any person, or injury to plant and animal life, or which causes or may cause damage to property or business. (a) The prohibition of this section includes, but is not limited to, emission of the following air contaminant: (2) Air contaminant containing asbestos, except where such an air contaminant is emitted from the brake lining of a motor vehicle during normal use." RFXF/db Very truly yours, yCj& Kt; - X ' 'Robert F. X. Fusaro cc: J. L. Myers; H. B. Rhodes; P. J. Morgan/File UCC 009104  >-V. -' S /is UNION CARBIDE CORPORATION 270 TARK AVENUE, MEW YORK, N. Y. 10017 LAW DEPARTMENT ... VI- - ' ' 'V-' ,'i. Mr. J. L. Myers Mining 6c Metals Division 137 47th Street P. 0. Box 579 Niagara Falls, New York 14302 /v cc: Mr. J. W. Rawlings Dr. H. B. Rhodes Mr. P. L. Reiber Mr, P. J. Morgan/File Re: Asbestos - Prohibition of Spraying in New York State Dear Mr. Myers: I enclose herewith the text of a recently enacted New York State regulation prohibiting any person from engaging in or allowing surface coating by the spraying of asbestos or asbestos-containing materials. Very truly yours. GEG :deb Enc. . Gerald E. Grayson ' S 131972 O __ iV./J *>./! y'i * < "'v- STATE OF NEW YORK DEPARTMENT OF EWIRONMENTAL CONSERVATION Subchapter A Prevention and Control of Air Contamination and Air Pollution PART 196 . - Asbestos-Containing Surface Coating Materials (Statutory authority: Environmental Conservation Law, Sections 14 and 15) Sec. . 196.1 Applicability 196.2 Prohibition ' Section 196.1 Applicability. This Part shall apply throughout the State of New York. Section 196'.2 Prohibition. No person shall engage in or allow surface coating by the spraying of asbestos or asbestos-containing materials. 7^ ^^6/ /* U(X .009.106. EXPLANATION OF PROPOSED PART 196 ASBESTOS-CONTAINING SURFACE COATING MATERIALS The spraying of asbestos-containing materials may cause detrimental effects to the safety, health, welfare, and comfort of the public. Expe rience in industry clearly indicates that inhalation of asbestos may cause serious disease, and that some asbestos related diseases may be found after exposure to relatively low levels of asbestos. Alternatives to asbestos spraying include: 1.) The continued use of present spray on technique using substitute materials for asbestos. '. 2.) The use of other application methods. UCC 009107..