Document peDVaz2VeMvarq118LGwkE9Zd

Chicago Office 311 South Wacker Drive Chicago, Illinois 60606-6677 (312) 360-6000 Margaret J. Baumgardner Supervising Paralegal LAW OFFICES OF Freeborn & Peters Suite 2100 South 600 Seventeenth Street Denver, Colorado 80202-5419 (303) 628-4200 August 6, 1993 VIA FEDERAL EXPRESS Fax Denver (303) 628-4240 Chicago (312) 360-6520 Direct (303) 628-4207 Mary Lou Horner Paralegal McGuire, Woods, Battle & Boothe 1 James Center 905 East Cary Street Richmond, VA 23219-4030 Re: Transite Pipe Dear Ms. Horner: Enclosed are product brochures relating to Transite Sewer Pipe, an excerpt from the 1983 Annual Report regarding the sale of the Pipe Division, and various marketing bulletins regarding the sale of Transite Pipe. Manville asbestos cement pipe products were sold by Manville Corporation or related subsidiaries ("Manville") beginning in the late 1920s and continuing through March, 19.83, when all United States asbestos cement pipe operations were sold to Formosa Plastics. Manville asbestos cement pipe products usually bore the trade name "Transite Pipe." However, the Manville trade name "Transite" was often incorrectly used by persons in the industry to refer to all asbestos cement pipes, regardless of the actual manufacturer. TYPES OF PIPE AND USES Transite pipe is used to transport fluids in such applications as sewers, water supply mains, industrial processes, fire lines, sub-surface drainage, process lines, storm drainage and irrigation. Other uses include industrial vents, electrical conduits,, telephone ducts, heating and cooling ducts and gas vents. The types of products manufactured and sold by Manville over the years varied, as did the product names. Approximately ninety percent of the Transite pipe products sold by Manville was either Mary Lou Horner August 6, 1993 Page 2 sewer or water pipe. In addition, identical types of pipe were sometimes marketed under more than one product name. Specific types of products which were made at various times by Manville include the following: Super Temp-Tite: An insulated piping system. Super Temp-Tite products contained an interior pipe which could be made of several materials, including metal, plastic or Transite. This inner core was covered with an outer casing made of Transite. Approximate diameter varied from nine to twenty-three inches. Temp-Tite: An insulated piping system similar to Super Temp-Tite but used in lower temperatures. Approximate diameters varied from eight to forty-eight inches. Transite Air Duct: Used for distributing air in air heating or heating/cooling systems. Approximate diameters varied from three to thirty-six inches. Transite Conduit and Electrical Duct: Used to encase electrical or telephone lines. Approximate diameters varied ' from three to six inches. . Transite Flue: Used to vent plumbing systems. Approximate diameters varied from three to twelve inches. Transite Gas Vent: Used for venting gas fired appliances. Approximate diameters varied from four"to twelve inches. Transite Irrigation: Used for agricultural irrigation. Approximate diameters varied from six to forty-two inches. Transite Mine Service: Used for collection of mine tailings and mine service water. Approximate diameters varied from eight to thirty-six inches. Transite Non-Pressure or Sewer: Used in non-pressure, gravity flow sewer lines. Approximate diameters varied from eight to thirty-six inches. Transite Building or Small Diameter Sewer: Used for sewer lines from a house or other building to a collection sewer line. Approximate diameters varied from four to six inches. Transite Perforated Underdrain: Used for draining sub surface water. Approximate diameters varied from four to twelve inches. Mary Lou Horner August 6, 1993 Page 3 Transite Pressure or Water: Used to transport water in mains, distribution lines, transmission lines, fire lines, industrial processes, sewer force mains and other pressurized applications. Pipe was available in a number of various pressure classes. Approximate diameters varied from three to forty-two inches. Transite Well Casing: Used in conjunction with sub surface water screened by filter media for production or injection wells. ASBESTOS FIBER CONTENT Asbestos-cement pipe is composed of approximately 10 to 21% asbestos, 42 to 53% cement, 34 to 40% silica, 2 to 20% scrap and water. The asbestos fiber used in the pipe was a blend of chrysotile and crocidolite. The percentage of chrysotile and crocidolite fiber used depended upon the type of pipe made. For example, pressure or water pipe had more crocidolite than sewer pipe. Air-duct, Conduit, Corduct, and Building Sewer pipes used only chrysotile fiber. As a general rule, the greater the pressure strength needed in the pipe, the more crocidolite used. MANUFACTURING FACILITIES . Manville manufactured Transite Pipe at several locations in the United States. These include: . Waukegan, Illinois Plant ' Manufactured Transite Pipe from 11/29 to late 1979 Manville, New Jersey Plant Manufactured Transite Pipe from 1936 to 1980 Watson Plant/Long Beach Plant (Located in Carson, California) Manufactured Transite Pipe from 1938 to 1982 Marrero, Louisiana Plant Manufactured Transite Pipe from 1947 to 1970 . Stockton, California Plant Manufactured only Pipe products from 1957 to 1983 Denison, Texas Plant Manufactured Transite Pipe from 1957 to 1982 Green Cove Springs, Florida Plant Manufactured Transite Pipe from 1965 to 1982 ' Mary Lou Horner August 6, 1993 Page 4 PACKAGING AND LABELING There were some atypical users of Transite materials who modified those materials in a factory environment. These fabricators were not end users of a finished product, but rather were manufacturers. Transite Pipe which was shipped to these "fabricators" who used it in a manufacturing process was first labeled in 1973. Transite Pipe sold to installers of the product was labeled beginning in-1980. The caution label used between 1973 and 1978 for products sold to other product manufacturers was the one required by OSHA: CAUTION: CONTAINS ASBESTOS FIBERS. AVOID BREATHING DUST. . ' - BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. ' In 1978, Manville added an additional sentence to the OSHA mandated label, and the new label read as follows: CAUTION: CONTAINS ASBESTOS FIBERS. AVOID BREATHING DUST. . BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. SMOKING GREATLY INCREASES THE RISK OF SERIOUS BODILY HARM. For caution labels applied in 1980 to products sold to companies installing pipe, the wording was as follows: CAUTION - DO NOT USE POWER SAWS TO CUT THIS PIPE. BREATHING DUST CREATED BY IMPROPER WORK PRACTICES MAY CAUSE SERIOUS BODILY HARM. WHEN CUTTING, MACHINING OR TAPPING, REFER TO THE RECOMMENDED WORK PRACTICE GUIDE FURNISHED TO YOUR EMPLOYER. Mary Lou Horner August 6, 1993 Page 5 This label also included a Spanish language translation. With respect to labels on products which were sold to intermediate manufacturers, these products were labeled because Manville became aware that the conditions under which the products were used in the factory environment created the possibility that OSHA regulations regarding asbestos exposure might be applicable. With respect to Transite pipe products sold to companies installing the products, Manville believed that no caution label was required under OSHA because the fiber was ''locked in" in a cement matrix, and its use and installation would not result in exposure to significant quantities of asbestos. Nevertheless, Manville began including a caution label which specifically described work practices which were to be avoided during the installation of the products. Transite pipe was not sold in any kind of container or package. Rather, it was loaded at the factory onto railroad cars or truck beds for shipment. Pipes, usually in ten or thirteen foot lengths, were banded together in four or eight foot square units. If you have any questions or need additional information, please do not hesitate to call. Sincerely MJB/hs Enclosures