Document pBry9wwJwGO0yYLMRm2MJL6z6

FILE NAME: Talc (TALC) DATE: 1977 May 19 DOC#: TALC183 DOCUMENT DESCRIPTION: Letter from US Congress to the US Consumer Product Safety Commission Congress of tfje fHmteti s ta te s ?[}ou3e of &cpcetentatibel Klasfjington, ). . 20515 May 19, 1977 Hon. S. John Bylngton, Chairman U.S. Consumer Product. Safety Commission Washington, D.C. 20207 Dear Chairman Byington: We are deeply concerned that the Consumer Product Safety Commission, in finally commencing action against asbestos-containing spackling compounds, decorative fireplace ash, and tremolitic talc, elected not to ban these products immediately under authority provided by the Federal Hazardous Substances Act, choosing instead to proceed under the Consumer Product Safety Act, a much slower process. In our view, the proven correlation between exposure to small concen trations of airborne asbestos and the development of lung cancer and meso thelioma amply justifies classification of these products as an "imminent" hazard to the pubLric health" and warrants their immediate ban under Section 2 (q) (2) of the. FHSA. We understand that it was the feeling of a majority of the Commission that regulatory action under the CPSA, while slower, would be less susceptibLe t:o legal challenges, and thus that the decision does not necessarily represent a determination that these products do not constitute an "imminent hazard." We hope this is the case and strongly urge the Commission, since it chose to proceed under CPSA authority, now to seek an immediate ban from the courts under authority provided in Section 12 (Imminent Hazards) of the Consumer Product Safety Act. We would appreciate further clarification of the Commission's position on the "imminent hazard" issue as it relates to consumer products containing asbestos and, in particular, would like to know whether the Commission is considering initiating legal action under Section !2. Wo would also be grateful for information as to what steps the Commission is taking to seek out and evaluate hazards presented by other products containing asbestos -- brake linings, modeling compounds, wallboard and textured paints, for example. Given the authority to seek an immediate - 2ban under Section 12 for those products known already to be unreasonably hazardous, it would seera irresponsible to spend months, possibly years, developing a final standard under CPSA for only a few products, while leaving many others in the same category untouched. cc; All Commissioners