Document peDKdN8e6nEw15KNBgmJaNo1D

m NORTH AMERICA cM*\ November 30, 1984 SEASONS GREETINGS AND BEST WISHES FOR A HAPPY NEW YEAR - AIA/NA, FMSI File Comments On Asbestos Brake Ban Petition On Nov. 28, AIA/NA filed comments with Environmental Protec tion Agency (EPA) requesting that the Agency deny a petition of the Natural Resources Defense Council (NRDC) to ban the use of asbestos in the brakes of all new cars and trucks and) in all replacement brakes in existing motorized vehicles. 1 The NRDC, petition, dated Sept. 13, was filed under section \ 21 of the Toxic Substances Control Act (TSCA) which permits "any person" to "petition the Administrator (of the EPA) to initiate a proceeding for the issuance, amendment, or repeal of a rule under" the Act. The AIA/NA comments request that the NRDC petition be denied for the following reasons: . Ambient levels of asbestos and the small contribution of brake materials to those levels do not represent an unreasonable risk to the public. . The use of asbestos-containing products does not constitute an unreasonable risk to brake maintenance workers and, in ad dition, EPA should defer to the Occupa tional Safety and Health Administration (OSHA) on workplace regulation. . Substituting materials for which the health effects have not been evaluated and whose use is uncontrolled for asbes tos, which is highly regulated, could result in greater health risks to the public and workers. ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway. Crystal Square 4. Suite 509 Arlington. Virginia 22202 (703) 979*1150 CAP CO JEN 0012900 Page 2 . A ban would be contrary to the inter national consensus on the controlled use of asbestos. . The NRDC petition to ban the use of asbestos in brakes is not based on considerations of "unreasonable risk" as required by TSCA, but rather, on an approach which advocates a "zero risk" standard for the statute. The Friction Materials Standards Institute, Inc. (FMSI), a trade association of twenty-two friction materials manu facturer's in the United States with associate members worldwide, filed comments on the NRDC petition on Nov. 13. While not taking a position for or against the petition, FMSI stated, "we believe it is important to submit" comments, and, "Should it be deemed appropriate, these comments may be supplemented at a later date by a more in-depth critique." On the subject of overlapping regulatory activity on asbestos by OSHA and EPA, the FMSI comments noted that, "While' ; one agency has proposed to tighten worker exposure to asbes- ; tos, another is being petitioned-to eliminate asbestos in friction materials. The disparity between these two situa tions could well create implementation and economic problems for friction materials manufacturers." Turning to the issue of substitutes, FMSI pointed out that "sufficient data is not available at this time on the substitute materials to state that they do not pose a hazard in the workplace environment or to the general public." The comments went on to state, "the advantages of semi-metallic brake linings cited (in the NRDC petition) are not necessarily supported by test results generated by friction materials manufacturers." The FMSI comments concluded, "We urge that EPA study the suggested substitute materials as well as the feasibility, economic impact, realistic necessity - if it exists, and timing requirements appropriate to the elimination of asbes tos in friction materials before responding to the petition or proposing a ban on the use of asbestos in friction mate rials." The EPA has until mid-December to frame a response granting or denying the NRDC petition. Upcoming Meeting Of Interest ... Smoking and the Workplace, Dec. 11-13, Capitol Holiday Inn, Washington, DC; sponsored by Society of Occupational and Environmental Health; conference will focus on risks CAP CO JEN 0012901 Page 3 of combined exposures to workplace toxic agents and smoking; keynote address by Dr. James 0. Mason. Director, Center for Disease Control; conference participants include Drs. Aaron Blair, National Cancer Institute, James Merchant, University of Iowa, and Richard Peto, Oxford University; fee non-member $100 advance, $130 on-site; contact SOEH, 2021 K. St., N.W., Suite 305, Washington, D.C. 20006/(202) 737-5045. ... Symposium on Hazard Communication, Mar. 11-12, Hyatt Regency Hotel, Houston, TX; sponsored by ASTM Committee E-34 (Occupational Health & Safety); symposium will consist of 15 lectures with four formal panel discus sions on major issues relating to OSHA's Hazard Communi cation Regulations; fee $35; contact Donald Viall, ASTM, 1916 Race St., Philadelphia, PA 19103/ (215) 299-5546. Fourth Quarter AIA/NA Directors Meeting Scheduled For Dec. 12 The regular fourth quarter meeting of the Association's Board of Directors will be held Wednesday, Dec. 12, at the.'. Sheraton Crystal City Hotel, Arlington, VA. The meeting I will commence at 8:00 AM in the Crystal III Room. During the meeting, Daniel Popeo, Esq., General Counsel, Washington Legal Foundation, will be a speaker on the program. A reception and dinner are scheduled for Tuesday, Dec. 11, starting at 6:00 PM in the Crystal II Room, Sheraton Crystal City Hotel. Christopher C. DeMuth, General Manager, Lexecon, Inc., will be the dinner speaker. Mr. DeMuth recently re signed as Administrator for Information and Regulatory Affairs in the Office of Management and Budget. The AIA/NA Executive Committee will meet on Tuesday, Dec. 11, at tne Sheraton Crystal City Hotel in the Crystal I Room. The meeting will commence at 9:00 AM. Court Overturns 0SHA Hearing Conservation Amendment In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit vacated the hearing conservation amendment added in Jan. 1981 to the Occupational Safety and Health Administra tion's (OSHA) noise exposure standard. The hearing conserva tion amendment was promulgated as an interim measure imposing certain requirements upon employers at an action level of 85 decibels when studies revealed that many employees suffered significant hearing impairment at noise levels below the 90 decibel permissible exposure limit of the noise standard. CAP CO JEN 0012902 Page 4 In its decision in the casi, Forging Industry Association v. Secretary of Labor, the court reasoned that a standard is invalid if it requires an employer to take actions in regard to hazards existing outside the workplace, stating, "given the vast number of factors outside of the workplace that can potentially affect an employee's health or safety (e.g. social and recreational activities, alcohol or drug use, defective consumer products), interpreting the Act to extend to hazards existing outside the workplace would place under OSHA's control areas already subject to regu lation by other federal agencies." Because the amendment made no distinction between hearing loss caused by workplace sources and loss caused by non workplace sources, it "clearly imposes responsibilities. on employers based on non-work-related hazards." The Court continued, "Under the amendment, an employer whose workers are unaffected by workplace noise may be subject to numerous requirements simply because its workers choose to hunt, lis ten to loud music or ride motorcycles during their non-work ing hours." The amendment was therefore vacated and re manded to OSHA for the creation of a valid standard. In a dissenting opinion, it was argued that the amendment : was acceptable and within a "zone of reasonableness," first,, because it covered only those industries with a noise level that has been scientifically demonstrated to be a high risk factor to hearing health, and second, because a threshold test is administered in high risk industries, and hearing loss is measured after continued exposure to that high risk noise level. Ontario Publishes Proposed Asbestos Regulation for Construction Industry The Ontario Ministry of Labour published in The Ontario Gazette on Nov. 17 a proposed revised regulation concerning asbestos on construction projects and in buildings and re pair operations. An initial proposal was issued on Aug. 14, 1982. Following a public comment period, a revised version of this regulation was presented at a public meeting in Jan. 1983. It was subsequently decided to postpone finalization of the regulation until the Report of the Royal Commission on Matters of Health and Safety Arising from the Use of As bestos in Ontario (ORCA) was received and reviewed. Some. 20 recommendations made by ORCA are reflected in the pro posed revised regulation including its coverage of activi ties that involve building maintenance and custodial work. The proposed regulation essentially requires that all work with asbestos under its purview be conducted according to procedures as prescribed for specific classifications of work. Thus, the proposal is a performance standard and does not include any provision for monitoring. Exposure CAP CO JEN 0012903 Page 5 of workers to asbestos is classified into three types. For example. Type 1 work may result- in some exposure to asbestos fibers but should present no risk of disease. Type 2 exposures are associated with work that results in air concentrations of asbestos that could pose a health risk. Type 3 work will produce asbestos fiber levels that could present a severe health risk. It is the classifica tion of the work that determines what other provisions of the regulation will come into effect, e.g. reporting re quirements, work procedures, and medical surveillance and recordkeeping. A definition of the types of exposures appear below: (1) Type 1 (a) the installation or removal of manu factured products containing asbestos such as vinyl or acoustic tiles, gas kets, seals, packings, friction pro ducts, or asbestos cement products; (b) the cutting, shaping or drilling of a product mentioned in (a) by the use of hand-powered tools only; -i ! (c) work in close proximity to friable material containing asbestos; and (d) the use of protective clothing or equipment made of textiles contain ing asbestos. (2) Type 2 (a) the use of power tools equipped with a dust collection device equipped with a HEPA filter to cut, grind, drill or abrade a product mentioned in clause 1(a); (b) the removal of a false ceiling or part thereof to obtain access to a work area and where friable material containing asbestos is likely to be lying on the surface of the false ceiling; (c) subject to subsection (1), the minor removal or minor disturbance of fri able material containing asbestos dur ing the repair, alteration or main tenance of a building, structure, ship, plant, machinery or equipment. CAP CO JEN 0012904 Page 6 .or part thereof other than the equip ment mentioned in clause (3)(c) below; and (d) the removal of drywall where asbestos joint filling compounds have been used. (3) Type 3 (a) the removal other than minor removal of friable material containing asbestos during the repair, alteration, mainten ance, demolition or dismantling of a building, structure, ship, plant, machinery or equipment, or part thereof; (b) the encapsulation or enclosure of fri1 able material containing asbestos; (c) the cleaning, maintenance or removal of air-handling equipment in buildings which have fireproofing containing asbestos; f (d) the repair, alteration, or dismantling of a kiln, metallurgical furnace or simi lar device or part thereof, made in part ' of refractory materialscontaining as bestos; (e) the use of power tools not equipped with a dust collection device equipped with a HEPA filter to grind, cut, drill or abrade a product mentioned in clause 1(a); and (f) the demolition, dismantling, alteration or repair of any building, structure or plant, or part thereof in which asbestos was used in the manufacture of products. (4) Where the exposure of a worker to asbestos is other than as classified in subsections (1), (2), or (3) the exposure shall be a Type 2 exposure. An open meeting has been scheduled at which interested parties may comment on the proposed regulation. The meeting will be held Dec. 17, 1984 in the Ontario Room, MacDonald Block, 2nd floor. Queen's Park, Toronto, commencing at 1:30 PM. Atten dees should advise Edit and Control Section, Standards and Programs Branch, Toronto (416) 965-8710 or 8510. For more information contact John Wilson, Toronto (416) 965-8710. AIA/NA is reviewing the proposed regulation and is expected to submit comments. CAP CO JEN 0012905 Ruckelshaus Quits EPA Amid Disputes _ With White House on Budget Cuts, Policy fttOniaS IVonunatcd r By Andy Pasztm - StaffReporterofTub WaixStC3btJovmuml WASHINGTON - William Ruckelshaus abruptly resigned late yesterday as Envi ronmental Protection Agency administrator amid administration infighting over budget cuts and policy changes in anti-pollution pro grams. Mr. Ruckelshaus's resignation surprised a number of his top assistants and even some senior presiden tial aides. It appar ently was prompted by White House insis tence on cutting the EPA budget and stepped-up efforts to roll back environmen tal laws and regula-. tions. Mr. Ruckelshaus took over the agency in the spring of 1383 when it was mired in . scandal and para- _ , ,. lyzed by poor morale. ^lUtam Ruckelshaus Former administrator Anne Burford and j many of her aides were accused of improp- j erly favoring industry interests and disre-' garding the intent of federal environmental laws in some of their decisions. It is understood that Mr. Ruckelshaus earlier this week threatened to step down if President Reagan insisted on cutting the agency's current J1.8 billion budget for dayto-day operations and cleanup of hazardous chemical dumps. Appeal to Reagan Claimed EPA officials said Mr. Ruckelshaus made a personal appeal to Mr. Reagan and James Baker. White House chief of staff, to spare the agency from major budget cut backs in the next fiscal year. But after re ceiving "preliminary assurances" that some! of his requests would be met, the officials i said Mr. Ruckelshaus apparently decided he j faced too much opposition within the admin istration to continue to run the agency effec-I tively. j Mr. Ruckelshaus's resignation is effec-: tive Jan. 5. The White House declined to i comment on a successor to Mr. Ruekels-' , haus, who was the EPA's first administrator from 1970 to 1973. In his resignation letter to Mr. Reagan, Mr. Ruckelshaus said he is leaving with a i "sense of accomplishment" because "em' ployee morale and confidence is high" and all of the agency's programs have "gener ated momentum." He asserted that "the ship called EPA has righted and is steering a steady course." Other political appointees are expected to leave the agency soon. Alvin Aim, the second-raiiking appointee, has told the White House he plans to return to private life at the beginning of the year. All of the other top appointees at the agency were handpicked by Mr. Ruckelshaus, and many aren't expected to remain for long under new leadership. Mr. Aim, in an interview after the an nouncement, played down the policy differ ences with the White House. He asserted that Mr. Ruckelshaus had been "fairly opti mistic" that he could avoid major budget cuts if he decided to stay and fight. But an other EPA aide argued that Mr. Ruckels haus "clearly saw the handwriting on the wall" and left to avoid a bitter Internal de- , bate over the agency's priorities. Mr. Ruckelshaus was in New York on of ficial business yesterday and wasn't avail- . able for comment Yesterday morning, be fore the resignation became public, he told career agency officials he hadn't yet made up his mind about his plans. Reagan Faces Decisions President Reagan still faces some thorny ' political and policy decisions regarding the EPA. One faction of the White House staff, including budget director David Stockman and presidential counselor Edwin Meese, consistently has urged the EPA to issue lessstringent regulations and to push for less-de manding environmental laws. They contend that easing environmental regulation will [ save U.S. business billions of dollars in capi tal and operating costs for pollution-control equipment But another White House faction and many Republican lawmakers contend that such moves would hurt the Republican I Party and probably would be blocked by : Congress anyway. 1 Mr. Reagan now must choose whether be ; wants the EPA to follow the more-prag matic course charted by Mr. Ruckelshaus or to return to policies intended to substantially reduce environmental controls on industry. During the last few months, Mr. Ruckels haus has been increasingly outspoken about ` the need to shore up public confidence in the agency and to reject industry demands for substantial rollback of existing controls. Before he took over as EPA administra tor, industries "felt they had the upper hand, and they overplayed It," Mr. Ruekels-. haus recalled a few months ago. The "mar- j ketplace won't take cart of these prob- j ! lems," he told reporters then. "The only way this administration will get (regula-; tory) reform," be said, "is by convincingI Congress we're doing the best job we can"; enforcing the existing laws.. THE WALL STREET JOURNAL Thursday, November 29. 1984 as EPA Chief By Dale Russakoff and Lou Cannon WadMQfto* Port Su Wntart President Reagan yesterday nominated the handpicked suc cessor of William D. Ruckels haus, Lee M. Thomas, to be pro moted to bead the Environmental Protection Agency. Ruckelshaus said he was not resigning as administrator over poii^ differences with the White House. But he acknowledged yes terday in an interview that he would have found it "difficult'' to defend EPA budget cuts before Congress. He also said it was "not pleasant* at times to serve an administration that ousted his wife, Jill, from the U.S. Commis sion on Civil Rights.- He also said he plans to tali a prominent role, possibly in Wash ington, in trying to depofitidze the conflict between environmen talists, the administration and industry, which he said has un dermined environmental protec tion and prevented enactment of important statutes. Ruckelshaus, in a wide-ranging interview, said he blames the polarization not only on environ mentalists and some business leaders, but also on the admin istration. "In the first two years [of the administration], there was a feel ing among some in industry and the administration that they had the upper hand, and I frankly think that hand was overplayed,* Ruckelshaus said. "I think they went too far in suggesting changes ought to be made and the country reacted. .Then the pendulum shifted, and the environmentalists felt they had the upper hand. I frankly think they ' overplayed their hand, too.... Their constant barrage of criticism of this agency runs the risk of weak ening the very institution on which the strength and well-being of their cause rests* Ruckelshaus said he has not de rided what to do after leaving the agency on Jan. 5, saying only that he knew it was time to resign. He said he believed that he had accom- ^ OOt'C- CAPCO JEN 0012906 - pitshed what be act oat to do and that to go further--to win retu- . ' T Ruckelshaus was the EPA's first .thoriatioa of many environmental laws--would have required a longer tenure than be wanted *It'a wry important in theaegov* - - administrator, from 1970 to 1973 ' He .was a vice president of 'X Weyerhaeuser Corp., a major tin*. her concern, when be took the EPA post last year. eminent joba to aenae when ft'a Tbocnas was Rucfcetshsus' choice time to move on. There ia a point when you etart diminishing die re-- as hit successor because of hia worit as assistant EPA administrator in' ` turns you can get I've relied on my charge of hazardous waste, the ... stomach to tell me when that's prime national environmental prob true," he said lem. Thocass rebuilt the toxic waste . The departing. administrator, cleanup program in the .wake of- who took over the agency in 1983 scandals that forced the resignation ' amid a national scandal over EPA ofthen-Administrator Anae M. Bur^., - mismanagement and improper in ford and two dozen other appeit*.,-,; dustry influence, said he felt his ma tees in 1983. jor accomplishment was that be had Thomas said yesterday that he ` helped restore the agency's morale planned to continue Ruckelshaus' and credibility, an assessment; polioet sad agenda, adding that he echoed yesterday by many mem-^ expects be can defend the integrity - - bers of Congress, agency employes and environmentalists. But Ruckelshaus listed among his disappointments his failure to put in place a system to control add rain (his initiative was blocked by the White House and Office of Manage ment and Budget Director David A. Stockman) and to wiq reautborization of the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act and the federal laws regulating pesticides and toxic substances. Those statutes have expired, and Ruckelshaus had said be hoped to see them reauthorized before his departure. He succeeded only in winning congressional reauthorizetion of the Resource Conservation and Recovery Act, which vastly ex panded control over generators of hazardous wastes. A dose associate of Ruckelshaus of EPA's programs white slao being ' . an administration "team player." ,. . Environmentalists praised him, hot also questioned whether be has the political clout to resist budget cuts . and pfilicy changes that could weak- - en environmental enforcement Sen. Robert T. Stafford (R-Vt), . chairman, of the Environment and. .- - - . .. Public Works Committee that will - .. . handle Thomas' confirmation, yea-.... terday praised him as "forceful and able" hr running the hazardous waste cleanup program, and pte- dieted that Thomas win be ap proved by the Senate. White House sources said con servative Republicans; who. had hoped to influence the choice of an . EPA chief, were dismayed by the appointment of Thomas, s career bureaucrat and registered indepen dent. who talked to him after his resig nation said his frustration played a major role in his decision to leave, although it was not tied directly to the fiscal 1986 budget. Sources said the EPA budget is not likely to be marked for 30 percent cuts, as charged by environmentalists. "The administration hadn't shown that they cared much about the environment or were going to do anything about it...,' the as sociate said. "If there was ooe thing that rankled, it was the add-rain de cision. He [Ruckelshaus) worked out a middle ground. He fought it through the process and lost to Stockman at the tut moment .... He's known all along that it wasn't going to get better." . LlB ltTHOKAB - An administration official said ' ... hsadplcked by Rackrishscs Ruckelshaus "didn't fully appreciate the opposition of Stockman to en vironmental programs" when he de cided to return to the agency last , The Washington Post year, although he knew there were limits on what he could accomplish. November 30,1984' HOWARD HURWITZ Asbestos: Can school kids live with it? Tntil recently, 1 had the L I friendliestfeeling forasbssJ tOilP every trhnnl In which I worked,lcould see the cotton-like fibers peeking from steampipes. .Since I knew asbestos was fireresistant, 1 was comforted rather than chilled by the mineral. Cosmetically, I preferred that the asbestos be sheathed. Slate, however, school maintenance, is eves more neglected than marking of homework, I do not recall mak ing a request of the custodian that he put in a wort: order. Now, the order Is in. The Educa tion Department(ED) estimates at $1.4 billion the cost of removing asbestos in more than 30,000 'schools that continue to harbor the alleged killer. Not that ED is com ing through with that kind of dough.Forthemoment, $50million has been anted up, with more in the works over the next seven years if the feds can ever, agree on how to dispose of the stuff. The states and local governments are expected to bear the greater share of the bur den. Asbestos has been around since the beginning of recorded histoiy. Microscopic amounts of it are in theairwe breathe anywhere. It was not, however, until the late 1940s that' substantial amounts were installed in school ceilings, floors, wallboards, pipes and boiler rooms (Education Week, Sept. 26). Great weight The great weight of medical evi dence is that asbestos, if breathed in, is a carcinogen. Occupational workers have come down with lung ' cancer, especially if theyare smok ers, in far greater proportions than their numbers would warrant. Asbestos-related diseases do not appear until 25 to 40 years after a person's first exposure. It is esti mated that exposure of industrial workers is 200 times greater than that ofschool kids. No studies exist of asbestos-related cancer rates among schoolchildren. CAP CO JEN 0012907 What is (tumping school author* ides, who want to take no chances, is that removal poses hazards. The airborne fibers pose the danger Removal efforts are often under* by unqualified contractors. There is a lot of money in a removal contract and a lot of danger. Most asbestos-control work throughout the country is "not accomplishing the intent," according to one New Jersey contractor specializing in asbestos removal. "In probably 9S percent of thejobs, money is being wasted because school officials are not getting a clean building." The Environmental Protection Agency has not yet formulated acceptable procedures for removal. The federal government does require school districts to inspect for asbestos and to notify parents of their findings. It has levied fines on 43 districts throughout the nation. EPA does not., however, define "unreasonable risk." School administrators may derive some relief from the assess ment of Dr. Lawrence Garfinkel, vice president for epidemiology and statistics for the American Cancer Society. He has found no evidence of cancer where there is a low type of exposure, as in schools. Not dangerous One research mineralogist, Malcolm Ross, contends that the most commonly used type ofasbes tos is not dangerous in.schools. He has been leaped upon by some par ents and alleged experts with the ferocity of a tiger protecting her The cubs are kids in school. You would have to be a nut not to worry. There appears to be no aspect of our technological advance, whether it be sugar substitutes or nuclear energy, that does not con tain an element of peril. In general, large amounts of asbestos expo sure are needed to develop sub stantial lung scarring. Doctors say such exposure is highly unlikely for students andi most teachers. If J had my driithers, fwould opt for containing asbestos wherever it begins to flake. The employment of .flaky contractors, whose low bids dictate their employment, is too great a risk considering the pre sent state ofasbestos-removalarts. C1934 HIM: School Management Co. Howard Hurwitz is a syndicated exslsfrmist and nationally known commentator on education. NY-D405 NEW YORK TRIBUNE (MS) 73400 NOVI IS S 4 REASONABLE REGULATORY SCHEME* WILL ELIMINATE ASBESTOS RISK, AIA SAYS A reasonable regulatory scheme, consistent with the best available technology and the most reliable available moni toring methods, will more than adequately eliminate any possibility of significant risk among asbestos workers, the Asbestos Information Associatios/North America stated in a post-hearing comment on asbestos submitted to the Occu pational Safety and Health Administration. The ALA asserted that a standard, centered on the adop tion of the lowest feasible permissible exposure limit of 0.S fibers per cubic centimeter and accompanied by effective risk reduction provisions tailored to each major type of asbestos workplace, will eliminate the possibility of any significant occupational risks from asbestos exposures. During rulemaking hearings the association bad also sup ported a five f/cc 15-minute ceiling exposure limit, a single standard for different asbestos fiber types, a specific stand ard for the construction Industry, and a requirement that respirators be available to all workers In workplaces with regular exposures above 0.1 f/cc (Current Report, June 14, P- *4). The record evidence, according to AIA, demonstrates that average exposures tn asbestos manufacturing and in instal lation of new products will be 0.1 f/cc or lower through promulgation of the proposed regulation. "As a result, even OSHA's overstated, upper limit risk assessment would pre dict that typical workers In these industries will face life time risks of less than one In 1,000," the association stated. AIA noted that such risks will be considerably lower than accidental death risks found throughout industry, and well within the range of risks predicted by OSHA to remain after implementation of each health standard Issued since the decision in the benzene case. In addition, AIA urged that an aggressive anti-smoking program should be adopted that would address directly the portion of OSHA's predicted lung cancer risk attributable to smoking. Further, a requirement that employers make res pirators available upon worker request even when the PEL is not being exceeded "would provide workers the where withal to obtain a further tenfold reduction in risk," the association said. "Combining these two initiatives would reduce risk among asbestos workers by at least 20-fold, thus malting the predicted risk for the typical worker -- again accepting OSHA's exaggerated risk assessment -- less than one in 20,000." Separate Construction Standard The Safe Buildings Alliance, a group of companies that formerly supplied asbestos-containing products for building construction and attempt! to promote a scientifically sound and practical approach to the issue of such materials In buildings, urged OSHA to issue a separate asbestos standard for construction workers. The alliance urged OSHA to pro pose specific regulatory language to ensure that the agency gets the assistance it needs in the complex area of construc tion Industry regulation. A specific proposal would more clearly focus the com- . ments submitted in response, according to SBA. In addition, a construction standard should be tailored to impose meaningful requirements for those settings most likely to present high exposures, the alliance said. OSHA must propose a scheme that differentiates activities where few or no controls are required from major projects involv ing substantial asbestos exposure. Only certain activities which loosely fall within the term "construction" cause significant releases of asbestos or present the likelihood of significant repeated exposures, according to SBA. Therefore, the proposed construction standard "must differentiate those activities which do not expose workers to significant asbestos concentrations since the panoply of procedures are not needed for many situations." Asbestos Corp. Plans Charge of $41 Million For Fourth Quarter t By a Wajx SmxzrIqvhmai.StaffReporter THETFORD MINES, Quebec--Asbestos Corp. said it will post a Ml million (Cana dian) charge against earnings in the fourth quarter to reflect a write-down of the book value of its Asbestos Hill mine. Separately, the asbestos-mining concern, which Is controlled by Societe Nationale de l'Amiante, the Quebec government's as bestos agency, sajd its board approved in principle "a regrouping of its operations with those of Bell Asbestos Mines Ltd.,'' an other unit of the same Quebec agency. As bestos Corp. wouldn't elaborate, but it is be lieved that the regrouping may result in a merger of the two companies. Asbestos Corp. said the net book value of its assets at Asbestos Hill will be reduced to 227.7 million from $71.7 million. The charge of Ml million is net of deferred taxes. Operations at the company's Asbestos Hill asbestos mine, in Northern Quebec, were suspended last year. The Asbestos Hill mine had operated since 1972 and shipped asbestos ore to a mill in Nordenham, West Germany, where it was processed for sale In Europe. Asbestos Corp.'s operations at Nordenham were ter minated in June and the assets sold for 110 million, their approximate book value. Although the Asbestos Hill mine may have long-term potential. Asbestos Corp. said it believes the book value of the assets should better reflect the "difficult market conditions that exist for asbestos'' and the fact that operations are suspended indefi nitely. Asbestos Corp. said it will concentrate its mining operations at its facilities here. The company recently announced the temporary suspension of these operations because of the weak market for asbestos fiber. THE WALL STREET JOURNAL Tuesday, November 27, 1984 CAPCO JEN 0012908 f John - - . Chamberlain: A" geveratoent-endorsed asbestos claims handling facility would help. BatCoegrem, though It "nunpMdm." has hacn loath to emesa . tut la money tarn*. ItsrespooK to tbe "fsliwm" qodtfoo is to my that tbe king -- meaning the*' government asshipbuilder--could dp nowrong. MO-D49 ST. LOUIS GLOBE DEMOCRAT (M) 268,100 *Fairness9 Issue^ On Asbestos Claims. NEWYORK Mmufflttitihns> prate endlessly about "Wrnem." _ often In recent months .baaojtr Si Congress been fjdr In settling a specific ** Oneof tbe questions currently at issue on Capitol BUt Is the dirty trick played by tote on.sWpywd sorters who spentthe World War ft years installing utiri"*, insulation in the ships thst delivered our ? troops and munitions to Europe and Asia. Everothing was in a hurry-up phase In thoMdays-- asbestos was the one suresafeguard against fire* .(mdWrn^nfleets and liberty ^^altte- Ewn- then there were suspicions that asbestos exposure wasn't good for the lungs. But Itwaat tn decades later that cancer began striking the workers who. in both private and Navy-owned shipyards, had responded toa crying national need. Nobody in or out of Congress would now deny that -war-connected disabilities call tor compensation. But who should pay the bill? The Manvilte Corporation, by'all odds the mow r a uaglv suuauvu. _____________ i major portion ofThe _ fcS^^nthy, doingnothing, has In effect said "let tteOTEpwattooSi including the private Insurance orapenfes! take' all the blame." But In lettinjt , tadividual cases go to litigation, the governinetttnas forced the ManvUle Corporation, as the leadtag asbestos manufacturer, to file for bankruptcy*The asbestos-related lawsuits faced by ManvUle cqjild .iifa.i.iy total 63,000 -- a matter of more than tt,,Tbe Manviheexperience In resolving some 4,000 . .Mims prior to its filing for bankruptcy Is an eye- opener. Some 60 percent of the claims resulted to iwds of less than *10,000 each. Some 30 to 40 percent of each *10.000 payment went for . attorney's fees and other'eosts. In 2I,Pe^en^?/^S cases there was no award at all.- where compensation did ultimately reach a victim or a victim's family it was often excruciatingly late, due tos&e.overweeningclogging ofthe courts. ' ' gtemntii! mens has, been a declassifleation ox domummtSliearihg^mwaliM ' through'them, the M^vUlelaj^riUilnktoeyhave evidence that proves Washington was sow responsible" for those Injured byoyerexpe^reto - (n Navy-owned or controlled shipyards.. Has ManvUle company Is trying to reaver some gf million that has been paid out in Utigatioa fcvolving 1,400 workers. The question Is: what is the U.S. government ' prepared to do about ItaU? Navy personnel. Including Inspectors, were respnaslMe for the helter-skelter speed of iwmatmire&m that enabled us to back up our fighting StaaHi tin Europe and In the Pacific through four yearsof war. Congress went home without actingorr MBs that would make the government a partner, along with private manufacturing companies and insurance companies, in settling claims without Tewing attorneys run off with money that should go tothe victims of a patriotic emergency. UA . .. - c *~i~? V fj .ivS-r~- S,' Sk.-',-*T3 -V- T- -I U-i-.V** jrr !: .' I: fe Q - a <ft i- ^ i. S* *2' II' 5 \ J2 is ' J<D5 S8 t? S%'^5 *-fC3t). oM ,s & a. AK ^ * OCX 291884 $v CO CT> in CM O c CAP CO JEN 0012909