Document v7k7vr4nvE6eger6gnmEaEbR

UC 149-'* INTERNAL CORRESPONDENCE METALS DIVISION to (Name) Mr. J. L. Myers Division ucc - Metals Location Niagara Falls, New York o Copy to Messrs. T. W. Carmody (w/attach.) T. D. Finnigan ii R. F. X. Fusaro/J .J. Sibley R. W. Rebholz J. W. Whittlesey P. 0. BOX 579 -4625 ROYAL AVE., NIAGARA FALLS, NEW YORK 14302 Date November 8, 1979 Originating Dept. "Calidria" Asbestos Answering letter date Subject AIA/NA Response to EPA's Advanced Notice of Proposed # Rulemaking on Asbestos-Containing Materials in Schools Attached is the AIA/NA response to the above-noted ANPRM. This response was largely developed by the law firm of Kirkland and Ellis, who have been retained by the AIA/NA as special counsel for regulatory matters. As you are all aware. Union Carbide has never supplied product for the kind of friable, generally sprayed, products of primary concern in this rulemaking. Substantial amounts of our asbestos have, however, been used as a minor ingredient in certain types of mineral wool board used in ceilings and in sprayed, non-friable, decorative coatings. Our principal concern in the present rulemaking is the introduction of the prin ciple of retroactive industry guilt by association that has been proposed by the EDF petition. This principle has implications far beyond asbestos to any product which is judged to be toxic and could, therefore, if established have a massive impact on Union Carbide. In my opinion, Kirkland and Ellis have done a very capable job in addressing this issue but there are some points regarding the tone and organization of the presentation that make me a little uneasy. Although it is too late to change this response, K&E will be very much involved over the next two months preparing responses to the EPA and CPSC ANPRM's regarding new general asbestos regulations. Any comments you feel worth making on the present document would be appreciated. x /rmm Attachment AU58 I 7 Harrison B. Rhodes UCC 015044