Document zQaeONa0OMG41wnqJKKyDw1kB

... mil'I ill i lllf jli Monsanto.. (WAMt-WCATlOM ii WOM) H. F. Weishaar 65WA Vc- <X) <i> a~. *r /t: ywf// ^7* r? _ **_ <rovJ *4 St. <Couis (^-663lj*' V ~ W- * o PLAINTIFF'S . EXHIBIT HON-40 'eirc *UJICT December 26, 1984 ASBESTOS NOTIFICATION/REGULATION c. F. Call Is G5WA R. H. JosTin G5WC W. W. Varnado G4WC RKrtUMCt PHS To WBP et al 12/18/84 TO S. G. Pappas - 1200 G. M. Renaldi - 1440 tjc-/^, C. M. Hancock - 1890 D. G. Williams - 1460 - ^ ^----------- 7^* R. B. Marquez - 1200 R. J. Kucera - 1260 A. S. Klein - Putnam R. C. Gary - Foley fk.,,J ~~:f' ^ CJio- /S-yrcv- The attached memo refers to a recent Incident at an MFI plant site. This Is the second occurance of a similar nature at an MFI location In the past six (6) months. No matter how minor a compliance requirement may appear we should always be alert to potential problems with and mi onitoring of contractors. Also In the development of contracts witfi outside firms (maintenance, construction, demolition, etc.) we should pay more attention to the environmental and regulatory requirements as well as contractor health and safety practices. MFW/rms M. F. Weishaar C 000419 Monsanto LAW DEPARTMENT P. H. Smith - G3WB (4-8509) December 18, 1984 EPA Asbestos Regulations J. H. Waldbeser -CS7H G. L. Jessee - G3WG TO W. B. Papageorge - B3NA R.A*. Harness - C2SD^ C. f E^-^aUirS^vG^WAc F.^e. Kearney - E3NA D. A. Hathaway - CS1A The U. S. Environmental Protection Agency continues its increased attention to enforcement of regulations which have been promul gated pursuant to Section 112 of the Clean Air Act. This is particularly true with respect to asbestos, as evidenced by the issuance, by Region IV, of a Section* 113 (a) administrative order s to Monsanto's Pensacola plant, and td its demolition contractor for violation of the asbestos control regulations (40 CFR 1.146). EPA applied to `both parties the notice and procedures required to be followed in demolishing a structure containing asbestos. it is important that all Monsanto sites be aware that as a general rule EPA's enforcement strategy is to proceed against both the site owner and the demolition/renovation contractor. For example, EPA has indicated, that both parties should or dinarily be held responsible if* there has been a violation of notification requirements. Thus, if a contractor is to- perform the work and does not notify EPA, then Monsanto should. In other cases, EPA has indicated it may exercise discretion where an owner can show that the contract required that the contractor comply with the asbestos regulations. I suggest that each of you see that every facility in your operating company is made aware of this EPA enforcement strategy and the importance of ensuring that demolition/renovation con tractors comply with the asbestos regulations. 1jm/17/40 Peter H. Smith C 000420 TtF 0 4^ c 000418