Document poq3x5R05qXqOrOm8eB4K26D

FILE NAME: Drywall Spackling Compounds (DWSC) DATE: 1977 DOC#: DWSC029 DOCUMENT DESCRIPTION: Letters from US Congress to Consumer Product Safety Commission Congtcfei of tfjc fStoiteb states ?ou& of Bcpreiitntniibc^ iilas&wsfon, ).. 20515 . May 19, 1977 Hon. S. John Byington, 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 public 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 to 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 0^1 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 12. We 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 y T H O M A S A. LUKEN 2o D istrict, O hio* W A SH IN G TO N O FFIC E ; R oom 1131 L o ng w orth House O ffic e B uilding W a sh in gto n , D .C . 20515 (202) 225-221 D IST R IC T O FFIC ES: 4 3 0 P ost O ffice B uiloing C incinnati, O hio 4 5 2 0 2 (513) 684-3738 34 1 1 H arrison A venue C heviot, O hio 4 5211 (513) 661-8688 Congress of fyt Hm'teb tfntetf ][)ou$t of &cprttentntibesi 53.(C. 20515 June 2, 1977 Honorable S. John Byington Chairman, Consumer Product Safety Commission Washington, D.C. coM M m xci IN TER STA TE AND FO R EIG N COM M ERCE sU B C O M M irrec o n c o m m u n ic a t io n s SUBCOM MITTEE ON O V ERSIG H T A N O %' iN V C S T IQ jtiT IO N S SUBCOM MITTEE ON CO NSU M ER PROTECTION AND FINANGE SM A LL BU SIN ESS Dear Mr. Chairman: The Subcommittee on Oversight and Investigations is currently . conducting an inquiry into exposure to consumer products containing the carcinogen asbestos. As Members of this Subcommittee, ve are concerned that the Consumer Product Safety Commission (CPSC) has not-fully utilized the expertise, experimental facilities, and wealth of knowledge on the subject of human exposure to asbestos possessed by the National Institute of Occupational Safety and Health (NI0SH). ' * NI0SH has studied the problem of worker exposure to asbestos for many years and has the most advanced testing facilities for assessing the possible health risk to consumers from exposure to the asbestos-containing products now under review by the Commission. '^7 We urge you to contact Dr. John F. Finklea, Director of NI0SH, as soon as possible to obtain NIOSH's assistance in evaluating the asbestos hazard related to consumer products. We believe NI0SH could be especially helpful in determining potential human exposure to free asbestos from artificial fireplace y logs, ashes, and embers, and the potential dangers from improper removal of these products from the home. Conducting proper research;' to evaluate the removal risk is essential. Research on this subject; could be conducted by NI0SH at its headquarters in Cincinnati. We hope you will move swiftly to avail yourself of NIOSH's expertise in this area. Sincerely,, Member Subcommittee on Oversight and Investigations J / jo ANDREW MAGUIRE Member Subcommittee on Oversight and Investigations HENRY A. WAXMAN Member / Subcommittee on Oversight and Investigations TH IS STATIONERY PRINTED ON PAPER MADE W ITH RECYCLED FIBERS