Document ymRDOyNYv9VKNyg1qkv0yVLKd

ST0073739 PLAINTIFF'S EXHIBIT Washington Office Area Code 202 857-5000 To Call Writer Direct 202 857-50 1 8 HAND DELIVERY KIRKLAND &. ELLIS 1776 K Street. N.W. Washington. D.C. 2000S November 21, 1979 Chicago Office Area Code 312 861-2000 Telex 25-4331 200 E. Randolph Drive Chicago, 111. 60601 Andrew S. Krulwich, Esquire General Counsel Consumer Product Safety Commission 1111 18th Street, N.W. Washington, D.C. 20207 Dear Andy: Per our telephone conversation yesterday, on behalf of my client, the Asbestos Information Association/North America ("AIA/NA"), this letter requests an extension of the December 17, 1979, deadline announced in the CPSC's Consumer Products Contain ing Asbestos ANPRM of October 17, 1979. As I'--indicated yesterday, we are seeking a similar extension of the December 17, 1979, deadline announced in EPA's companion ANPRM concerning asbestos fibers.- The grounds for our requested extension are set forth in the attached letter to Dick Denney. Basically, we asked EPA for a 120 day extension, although we also suggested a compromise alternative of an initial 60-day extension to permit further discussions with EPA to resolve the problems we forsee in responding meaninfully to the EPA ANPRM. Many of the same problems apply to AIA/NA's response to its CPSC ANPRM. (1) Both Notices seek a vast array of information on all aspects of the many product lines in which asbestos is used; (2) Such information is potentially voluminous but is not presently maintained by AIA/NA member companies in easily accessible files; and (3) Much of the information sought is presently treated with great confidentiality by AIA/NA member companies and cannot be released until enforceable guarantees of confidentiality are obtained. 378394 o'iz.e/.oojLS KIRKLAND 8* ELLIS Andrew S. Krulwich, Esquire Page Two November 21, 1979 Inasmuch as EPA and CPSC intend to "share all available data" as part of planned "close cooperation in our regulatory endeavors," 44 Fed. Reg. at 60056, the concerns we have expressed to EPA are directly pertinent to our response to both agencies. Although EPA has not as yet indicated a willingness to extend its deadline, we would hope that, should that Agency determine to do so, a sim ilar extension would be granted in CPSC's parallel proceeding. Although I do not believe we are at a point in the CPSC as bestos proceeding where a meeting between your staff and AIA/NA representative would be useful, I anticipate the utility of such a meeting in the near future. As our plans crystalize, I will contact you to see if a productive session can be arranged. Sincerely yours. ; EWW:jrb Enclosure Edward W. Warren Counsel for the Asbestos Information Association 378395