Document pxx9ynZDj2xyg0v6d2q4pbkD

volume number date i 7 8/26/80 CertainTeedEI PLAINTIFF'S EXHIBIT A /C Pipe & Health Bulletin FROM: Roman P. Korobij SUBJECT: THE CONNECTICUT SITUATION On April 9, 1980 Richard S. Woodhull (Chief, Water Supply Section, Connecticut Department of Health Services) issued a warning to the state water utilities of a possible health hazard with vinyl-lined A/C pipe. The warning was prompted by discovery of tetrachloroethylene (TCE) in the town of Simsbury's drinking water. Since TCE is a suspected carcinogen, EPA had issued a suggested maximum level of concentration in drinking water of 2C parts per billion. On April 11, 1980, that suggested level was raised to 40 parts per billion. The concentrations found in Simsbury's water were up to 50 parts per billion. Results of recent tests indicate that TCE is not carcinogenic after all. How did TCE get into the drinking water? For many years; because of the aggressive nature of the water in many areas of New England, much cf the A/C pipe used there has been lined to protect it from attack. One type of lin ing used was vinyl. As part of the lining process, TCE was used as a solvent to allow the vinyl to be effectively applied. Apparently, small, amounts of the TCE remained in the lining and were leached out into the water traveling through it. Announcement of the discovery of TCE in the drinking water resulted in very extensive adverse and sensationalized publicity in Hartford, New York, Boston, and other metro politan areas of New England and triggered resumption of legislative action in Connecticut against A/C pipe, even though there is no correlation between any hazards which might, be connected with TCE and the use of A/C pipe per se. CTD033676 RECEIVED AUG 2 7 1980 THE CONNECTICUT SITUATION -2- August 26, 1980 Several months before Mr. Woodhull's April announcement, a bill had been introduced in the Connecticut House of Representatives to ban the use of A/C pipe in the state because of a possible health hazard associated with ingestion of asbestos fibers which might be released into the drinking water from the pipe. Fear of such a hazard is completely unfounded since there is no evidence which indicates that ingestion of the fibers is in any way harmful. The Bill was de feated in the House Committee. At about the same time, another Bill had been introduced and was under consideration which would require the placement of warning labels on all asbestos containing construction products. When the TCE scare was announced, an amendment was added to this Bill which provided that on and after October 1, 1980, the installation of any asbestos cement pipe in any water supply system in the State of Connecticut was pro hibited until the Commissioner of Health Services determined that the use of such pipe does not create a public health hazard. In the emo tional atmosphere that then prevailed, the House overwhelmingly approved the Bill. It was later passed in the State Senate by a vote of 18 to 17 and on May 27, 1980 was signed into Law by the Governor. It became Public Act 00-398. We believe that the law is completely unfair and unjustified. Re sults of study after study of populations around the world who, for decades, have been drinking water transported through A/C pipe have, without exception, convincingly demonstrated that there are no adverse health effects. We are, therefore, determined to use every legal means at our disposal to overturn Public Act 80-398. Accordingly, on July 25, 1980, special counsel for the A/C Pipe Producers Association filed with the Commissioner of Health Services an application for declaratory ruling "............that the use of asbestos cement pipe in water supply systems does not create a public health hazard." Hearings on the petition are expected to be held in September. The Association has arranged for Dr. Ian Higgins, an epidemiologist with the University of Michigan School of Public Health, to serve as an ex pert witness in the proceedings. If the Commissioner of Health Services should find that the use of A/C pipe does not create a public hazard, the ban would be eliminated. If, on the other hand, the Commissioner should find that, in his judge ment, it does create a public health hazard or if he should conclude that he is unable to find that the use of A/C pipe does not constitute a public health hazard, we plan to appeal either such finding and to seek judicial relief in the State or Federal courts. It is imperative that our customers and state regulatory and legis lative bodies who may be considering regulation of A/C pipe understand the industry's resolve to prevail in these matters. We shall keep you advised of developments on this extremely important issue. CTD033677 volume 1 number 6 date 4/21/30 CertainTeed H A /C Pipe & Health Bulletin FROM: ROMAN P. KOROBIJ/bam SUBJECT: CERTAINTEED'S RESPONSE TO EPA'S ADVANCED NOTICE OF PROPOSED RULEMAKING (ANPRM) ON THE "COMMERCIAL AND INDUSTRIAL USE OF ASBESTOS FIBERS." On October 17, 1979, the Environmental Protection Agency issued an ANPRM on the "Commercial and Industrial Use of Asbestos Fibers." On December 17, 1979, the EPA granted an additional 60 day extension after much prodding by asbestos users, including CertainTeed. A copy of the ANPRM and the extension as it appears in the Federal Register is attached. Also, attached is CertainTeed's response to the EPA ANPRM which was submitted prior to the February 18, 1980 deadline. This document represents CertainTeed's official position on the A/C Pipe and Health issue. (THIS BULLETIN SHOULD BE FILED AFTER THE "CURRENT SITUATIONS" TAB OF YOUR BINDER) CTD033678 Federal Register / Vol. 44, No. 202 / Wednesday, October 17, 1979, / Proposed Rules 60061 Overgailer# Sleeve# Suit# Umbrellas Apron# Arm protector# Flame-resistant blankets Boots Caps Smokers' bibs Stoves--Coal and wood burning Tape for pipe insulation Braid and rope Tor packing Motion picture screens Tent grommets Asbestos Cement Products Water, sewer and septic drain Field pipa Airduct pipe Sheet products Roofing clapboard Siding Shingles Interior walls Boiler and furnace baffles Bulk sheeting Welding shields Baking sheets Blackboards Laboratory table top# Linings for vault#, safes, humidifiers and filing cabinet# Viscous Matrix Products Adhesives (glues and epoxies) Air duct cement for asbestos-cement air duct Buffing and polishing compounds Caulks and puttie# Floor tile cement and mastic Auto body filler Flashing cement Furnace cement Glazing compound for ceramics Pipe and boiler coverings Roof and driveway coatings Stains and varnishes Automotive metal deadener Automotive undercoating Refrigerant cements " _ . Automotive muffler repair compounds Products Subject to Inadvertent Asbestos Contamination '. \ Driveway gravel , ; Fertilizer and lawn care products Polling material# JvermiculUe) Talcs for noncosmetic or food uae application* . Miscellaneous Products. > Acoustical and thermal insulation material. sprayed ^ Ammunition shell wadding . ' Automotive mufflers . / .. Barbecue firebed materials in gas barbecue grills ./ ^ .`r Boat Hull Repair Kits\ iV* A' Flowerpots ^ > Friction Materials v <* Clutch plates . v. , Brake linings Potter#'kilns (borne hobby) , . ; Pottery clay . ' '. v Powder (asbestos) --' Bulk fiber ' -" Reinforcement In molded plastic# and rubber Automotive radiator sealant Vinyl asbestos floor tiles of asbestos per year. Some fibers used Abrasive wheels Annul distress flares Molded plastics and phenolic laminates Paint Textured paint Cement, drywal! and plaster patching compounds in these products arc inevitably released as a result of fiber processing, product manufacturing, distribution in commerce, product use. and disposal. Much of this asbestos remains in the biosphere as a ubiquitous pollutant Artificial gas fireplace emberizing material because of the fibers' mobility and Phonograph records resistance to chemical and physical Consumer Products Possibly Containing Asbestos 1 Appliances decomposition. Humans may be exposed to these fibers from the aforementioned direct and indirect sources. Air conditioners Dishwashers' Hand-held mixer# Portable electric heater# Popcorn popper# Refrigerators Vacuum cleaners ' Certain exposures to asbestos are controlled under various Federal and State authorities. However, because of limited mandates (i.e,, focused on specific populations or exposure sources), technical difficulties (eg., Waffle Makers available fiber measurement Miscellaneous Products Carpet padding Fire pieces Instant papier mache Light fixture# on railroad passenger car# Welding masks techniques), and other analytical constraints, these authorities are not able to deal with the total asbestos problem. As a result, many population segments remain exposed to, and inadequately protected from both direct File cabinets and diffuse sources of asbestos. [FR Doc. 79-32X07 Filed 1 CM5-79-. #45 4m] The comprehensive manadate of the . BILLING COOt 6355-01-14 TSCA enables EPA to reduce health risk from sources which are difficult to ENVIRONMENTAL PROTECTION AGENCY control through media-specific or source-specific regulation authorized under other Federal authorities. Under 40 CFR Part 763 TSCA, EPA is currently investigating the cumulative effects of exposure to (OTS 61005; FRL 1332-4A1 asbestos throughout its life cycle in Commercial and Industrial Use of Asbestos Fibers; Advance Notice of Proposed Rulemaking commercial and industrial products [i.e., from mining and milling through processing, product manufacturing, use and disposal). Our preliminary studies AGENCY: Office of Toxic Substances, Environmental Protection. agency: (EPA, or the Agency). indicate substantial continuing exposure of millions of people to the ever growing _ inventory of asbestos sources. As a result of this study, the Agency expects 1 action: Advance Notice of Proposed to promulgate rules to prevent and . Rulemaking (ANPRM) Under the Toxic : reduce any unreasonable risks that are;, Substances Control Act (TSCA). identified. - . ... . v summary: EPA is concerned that many EPA anticipates that any rules it sources of human exposure to asbestos develops to control unreasonable - may present an unreasonable health risk. Exposure to asbestos fibers has been shown to contribute to increased asbestos risk will evolve chiefly from a combination of the following regulatory . approaches. Under the first approach, risk of lung damage (asbestosis) and the Agency might promulgate rules that - cancer of several anatomic sites in . prohibit the processing, manufacture,-*' humans. and use of certain asbestos-containing Asbestos is a generic name for several products "or product categories. Under naturally occurring mineral fibers. Since the second approach, the Agency might' the beginning of the century, limit the annua! amount of asbestos " -V, approximately 30 million ton? of imported and produced in the United ` 2. asbestos fibers have been used in the States, or it might limit the amount of. United States lb produce thousands of asbestos processed In the United States,, commercial and industrial products. The Both approaches would aim at reducing;: inventory of asbestos products is the consumption of asbestos far growing since products Introduced Into nonessential purposes. Both reflect thir:. commerce represent about 750,000 tons -> ' Agency's belief that many asbestos products have economically available TSource Consumer Inquiries snd other sources - not verified by the Commit,too. ' *V substitutes. All rules would be designed*' to minimize adverse Impacts on industry CTD033679