Document qarvaj3XwKZpkZ3mK8qOX30OM

FILE NAME: Georgia Pacific (GP) DATE: 1977 Dec 14 DOC#: GP080 DOCUMENT DESCRIPTION: Letter from Union Carbide to Consumer Products Safety Commission UNION CARBIDE CORPORATION METALS DIVISION KO. B O X 575 4C25 R O Y A L AVt., N I A G A R A F A L L S . N E W Y O R K 14JGL December 14, 1977 R. David P ittle Consumer Products Safety Commission 1111 - 18th Street, NW Washington, DC 20207 Dear Commissioner P it t le : Although we are aware that the Commission has moved to publish a ban on the consumer use of jo in t taping compounds containing free-form asbestos, we wish to reiterate for the record our contention that the finding of "unreasonable risk" is not supported by the available evidence and we question whether "due process" was properly applied in this case. During the Commission's consideration of the ban, the Union Carbide Corporation has provided extensive technical data on the exposure to free-form asbestos fib er during the use of these m aterials. These data have included: 1. A presentation and analysis of a ll of the commercial use data available including data from a number of OSHA compliance inspections. 2. Detailed studies of a large and a small consumer in sta lla tio n of drywall. I t should be noted these were the only exposure data presented during the proceedings that bear d ire ctly on the ban in question. The Union Carbide work was checked by two independent laboratories and there is certainly no reason to doubt the levels found in the OSHA compliance inspections. In spite of th is , your s ta ff has continued to quote an analysis of r is k based on exposures found in one commercial study of only 30-60 minutes duration that was conducted at vaguely defined operating conditions. This la tte r study showed exposures that were much higher than a ll of the other results including the OSHA data. The s ta ff also based it s estimate on an assumption of four extensive consumer exposures over the period of a year. While we have no objection to this as a maximum case, provided the appropriate exposure levels are used, risks are also quoted for fiv e years of exposure at the same time. This number of exposures is far beyond that which can be expected for consumers. In view of the statutory requirement for a showing of "unreasonable r is k ," we feel i t is extremely important to draw these points to your attention. In the in sta lla tio n of dryw all, three successive applications of taping compound are made about a day apart. The compound, when dry, may be sanded after the second and third app lication. On this b asis, two extended exposures can occur during the complete fin is h in g , or extensive remodeling, of a fu ll room. The four exposures over a year used by the s ta ff in th eir r is k analysis thus corre- - 2- sponds to fin ish in g two rooms. Although this extent of exposure is not by any means experienced by the entire population of the country, i t appears to be a reasonable upper lim it for estimation purposes as long as i t is recognized as such. The further extension of this to the fiv e years cited would correspond to consumer contact with active fin ish in g operation for about ten (10) rooms. Exposure of this extent is so rare that is is not relevant and should not be used in the estimation of r is k . Let us assume that the four exposures in a year are taken as correct and that Bayard modification of the Enterline model is also accepted. The excess ris k estimate of 10 deaths per m illio n over a 40-year period presented by the s ta ff assumes an 8-hour time-weighted average exposure of 10 fib ers/cc >5u. This is based on a test where an unidentified number of professionals conducted poleand handsanding for about 15 minutes each, mixed an undefined amount of dry compound, and dry swept under unspecified conditions. The handsanding exposure, which is the procedure used by consumers, averaged 5.3 fib e rs/cc, but much higher levels were present fo r short periods during mixing and sweeping so the higher level was assumed. The 15-minute exposure level was also assumed to occur over a fu ll eight hours which is fa r longer than occurs in consumer use. The value of 10 fib e rs/cc >5y fo r eight hours is c le a rly much too high and, in fa ct, is not even supported by the handsanding data of the work upon which i t is based. The OSHA compliance inspection data presented to the Commission showed a range of 0.1 to 4 fib ers/cc during sanding and 0.6-2.7 fib ers/cc during cleanup. Using the highest values found for two hours of sanding and one-half hour of cleanup, which is a reasonable approximation of consumer operations, and a value of 0.5 fibers/cc in the room during the remainder of the day, the eighthour time-weighted average becomes 1.5 fib e rs/cc >5y. The Bayard model predicts a r is k of 0.0016 excess deaths over a 40-year period per m illio n persons exposed. I f the consumer data fo r the in sta lla tio n of drywall in a large room are used, the eight-hour time-weighted average is only 0.2 fib ers/cc >5y. The corresponding ris k for the fin ish in g of two rooms over a year is something less than 0.0000001 excess deaths per m illio n over a 40-year period. Application of the values of 0.0016 per m illio n estimated from the OSHA compliance information and the value of less than 0.0000001 per m illio n predicted from the actual consumer exposure data to the present U.S. population of about 250 m illion persons yields calculated excess deaths of 0.4 and less than 0.00003, respectively, over a 40-year time span. I t should be noted p a rticu la rly that the value of 0.4 is based on the maximum not the average exposure values reported by OSHA, and the assumption that the entire population is exposed at this maximum level during substantial in sta lla tio n of drywall in two rooms. To the extent that these conditions are not met, the ris k would be le ss. The Consumer Product Safety Act requires a finding of an "unreasonable risk" as a basis for the banning action by the Commission. The following lis t in g of U.S. deaths from various causes is provided for reference: - 3- Type of Accident or Cause U.S. Deaths* Bites and Stings 53 (1974) Lightning 112 (1974) Suffocation by Food Ingestion 2181 (1974) Poisoning in the Home 4300 (1975) Fires in the Home 5100 (1975) F a lls in the Home 8400 (1975) *From 1976 edition of "Accident Facts" published by the National Safety Council. As discussed above, the highest excess of r is k estimate from the OSHA exposure data was 0 .4 asbestos-related deaths over a 40-year period. This is almost 300 times less than the chances of being struck by lightning in a sin gle year and approximately 5,000-20,000 times less than the annual r is k from such common consumer hazards as food ingestion, poisoning, fire s and f a l ls . We submit that the r is k from consumer exposure to asbestos during jo in t taping is not an "unreasonable risk " within the meaning of the statute. The evidence available to the Commission contradicts rather than suppors the finding that such a ris k e x ists. Very tru ly yours, HBR/rmm J . F. Col 1ins Vice-President