Document rpzzQYEEYngEvM210EqMRGEYq

! DOW CHEMICAL U.S.A. fc A-~x- n/ rt IC/tf 2020 BUILDING September 28, 1990 &3^ysQoa> CENTER MIDLAND. MICHIGAN 48674 S. L. S. Dombrowski J. M. Capriccioso Environmental Health & Government Affairs 2020 Willard H. Dow Center cc: W. B. Horton, 2512, Plaquemine T. E. Burtch, 2020 WHDC R. D. Bridges, B-2234, Freeport M. R. Gambrell, 2020 WHDC G. L. Stevens, A-1230, Freeport J. J. McDade, 2020 WHDC D. M. Hevdanek, 2020 WHDC PLAINTIFF'S EXHIBIT DOW-575 --------- 1 *-k USy OCT 0 2 90 CHI CR-A! KALI OPERATIONS ST0356L78 U. S. ASBESTOS REGULATIONS I am beginning to hear more and more Dow folks associated with our' chlor-alkali business, express concern that the asbestos regulations pertaining to our diaphragm cells could change quickly, and the suggestion that this might be in the air today in Washington. Between the two of you, I'm confident that you will be able to tap all of Dow's Regulatory expertise in short order to get some data and hard facts. My understanding is as follows: 1. First, asbestos chlor-alkali diaphragms are excluded from the current regulations - not an exemption. This is a very significant difference. 2. The currently covered items in the regulations, e.g. asbestos pipe, roofing materials, etc., have until 1997 to remove all of the asbestos from their products. This was an 8-vear phase-out from 1989 when the regulations were promulgated. 3. Since asbestos chlor-alkali diaphragms are excluded (point //1), it would require the complete rule-making process (e.g. ANPR, public comment period, etc.) to change this, a process that normally takes 1-2 years. 4NI Or '-= DC'.V CRSVlCA.. IDMPANV \i "cv; = CC\:PAVr 379633 =Quaiitv= Performance v.eans More At Oow S. L. Dombrowski J. M. Capriccioso September 28, 2990 Page Two 4. Finally, my sense of the current mood is a growing under standing that the cost of removing asbestos from buildings over the past decade was way out of ine with the benefit gained. If my understanding of the current status and process is correct, I conclude that if the shoe dropped tomorrow it would be 2000 before non-asbestos Q/A diaphragms would be required. Stan and John, please get the facts together and the collective wisdom of our Dow regulatory experts within the next couple of weeks. R. M. Gujoss Chemicals & Metals 6-5726 slo 379634 ST0356479