Document 2qnxyQMMVZ5DBbvL0QKyGZ00g

CHEMICAL MANUFACTURERS ASSOCIATION 'MEMORANDUM June 25, 1985 TO: Environmental Management Committee FROM: William P. Gulledge Alice R. Mayer ( Fredric P. Andes RE: CMA Participation in Vinyl Chloride Litigation On January 9, 1985, EPA withdrew proposed revisions to the vinyl chloride emission standards under section 112 of the Clean Air Act. The Natural Resources Defense Council (NRDC) has challenged that withdrawal in the U.S. Court of Appeals for the D.C. Circuit. That litigation will be the first case to decide how stringently EPA must set emission standards under section 112 of the Clean Air Act (the "ample margin of safety" issue). The case will therefore serve a precedent governing all future section 112 standards. Since many of the chemicals used or produced by CMA members are being considered for regulation under section 112, the case will have an important effect on CMA members' plant operations. Further, CMA's interest is not being adequately represented in the case. We therefore recommend that CMA intervene, or participate as amicus curiae, in the case in order to present its position that section 112 should be interpreted to allow EPA to use a reasonable, risk management-based regulatory approach. The leaders of the Clean Air Act Revisions and Process Emission Regulations Task Group join in this recommendation. CMA would file joint briefs with the American Petroleum Institute, to ensure industry coordination. Briefing will not involve significant resources, since the relevant legal issues have already been researched for other section 112 litigation in which CMA is involved. The necessary resources have already been factored into CMA's budget for outside counsel assistance. The vinyl chloride litigation has moved very quickly. As a result, the case has moved ahead of the briefing schedules of two other section 112 cases which began earlier, benzene and radionuclides, both of which CMA has intervened in. Further, it has only recently become evident that CMA's participation is needed. Therefore, we need permission to file the necessary papers with the court as soon as possible -- by Friday, June 28. Formerty Manufacturing Chemisls Association--Serving the Chemical Industry Since 1872. 250'i M Slreet. NW Washington, OC 20037 Telepnone 202/887 1 100 Telex 89617 {CMA WSH) 4- We recommend that the EMC approve this action at its June 27 meeting. BACKGROUND The vinyl chloride standard was originally issued on October 21, 1976. The Environmental Defense Fund (EDF) sued, alleging that the standard was too lax and did not satisfy the "ample margin of safety" test of section 112. The case was never briefed, though; EPA and EDF instead signed a settlement agreement in March 1977, which committed EPA to propose certain amendments to the standards. On June 2, 1977, EPA proposed those amendments. The proposed changes would have made the standard significantly more stringent and set a "zero emission goal," to be achieved over time as the standard was revised in light of developing control technology. CMA filed comments objecting to the proposal. Once EPA proposed the amendments to the standard, EDF dismissed its'judicial challenge. However, EPA took no action, over the next several years, to finalize the amendments. Finally, on January 9, 1985, EPA published a notice withdrawing the proposal. EPA had decided that the original 1976 standard was both technically appropriate and legal under section 112. Therefore, the proposed changes were rejected, and the original standard reaffirmed. (EPA did, at the same time, propose some administrative changes to the current standard, but those are not relevant to the litigation.) LITIGATION NRDC has filed suit in the D.C. Circuit challenging the Agency's withdrawal of the 1977 proposal. NRDC contends that EPA must set standards under section 112 based completely on health risks, with no consideration of costs, benefits or technological feasibility. If the court rules in favor of this position, all section 112 standards for carcinogens would apparently have to be set at a zero emission level. Of course, such a ruling would have severe impacts on the operations of CMA members, even forcing plant shutdowns. It therefore is important for there to be an adequate defense of EPA,' s current interpretation of section 112, which allows technical and economic factors to be considered in setting standards. In other similar cases, industry participation has been important to buttress the Agency's own defense and to ensure that industry's viewpoint is adequately represented. In the vinyl chloride litigation, the only industry party currently involved is -06 U <1 the Vinyl Institute. The Institute will focus its efforts on ` technical issues involving the vinyl chloride standards rather than policy issues concerning the meaning of section 112. Therefore, further industry participation is necessary. API is interested in the case and in the possibility of filing a joint brief with CMA. This brief would enunciate the same position that CMA and API plan to take in the benzene case: that section 112 permits EPA to set standards taking into account technical and economic considerations. The research on this issue has basically been completed, so the effort should not involve significant resources. RECOMMENDATION We and the leaders of the Clean Air Act Revisions and Process Emission Regulations Task Groups recommend that CMA petition to intervene (or, if that is not feasible, to file as amicus curiae) in the section 112 vinyl chloride litigation. The filing should be done jointly with API, and should be completed as soon as possible. SL 4--O.s U 025 L5.39.0G 6/24/85 X---------CHEMICAL MANUFACTURERS ASSOCIATI3N--------- X COMMITTEE MEMBER ROSTER COMMITTEE: P161 V C PROG PANL PHASE VII[^STaC< COMPANY INDIVIDUAL NAME BIRTH SEX ML IN RGH DATE TY TY CDE TELE COPIER 3332 15 I 589 6 J 3aier Diamond Shaurock Chems 717 N narwood-Rm32A3 Dallas TX 752 01 214/795-2738 Co 1X0 I 51546 ---------------------- Dr# John Barr Air Products L Chemicals P# 0# Box 539 Allentown PA 18105 215/481-8343 Inc# 43546 151672 Dr Zed G 3e1 1 Jr PPG Industries Inc-chem Div One PPG PI ace Pittsburgh Pa 15272 412/434-3865 3391 151598 Or T J Benya ................. Ethy 1 Corporation 451 Florida Av/enue Baton Rouge LA 70901 504/358-7855 48478 151682 S R Cowles Shell Oil Comoany P 0 3ox 2463 Houston TX 77210 713/241-3974 ----------------- '`6794 ----------------- Ronald W Frase Diversitech General One General Street Akron OH 44329 216/793-3000 ------- - 9316 151644 Or William Saffey Monsanto Company 800 M Lindbergh Slvd St Louis MO 63167 314/694-8311 3045 151594 Thomas G Grumbles Vista Chemical Company P 0 Box 19029 Houston- TX 77224 713/531-3445 45527 151695 Mr- p# H# Hunter Tenn&co Polymers* P# . Box 2511 Houston TX 77001 713/757-8641 Inc* 6711 1516LL Dr# C- A# Jonnson The Goodyear Tire Rubber 1144 E Market Street Akron- 3H 44316 216/796-7676 Co .6607 151610 Mr* M# N- Johnson Md. The BFGoodrich Co.-Chem, 500 5.- Main St.-Bid. 5H Akron JH 44318 216/374-3298 Group 556 151682 Dr- Vance L* Kirkland Shell DiI Company P- 0 - box 43 2 0 Houston TX 77210 713/241-3344 MS 31_ C 4-066 25 15-39,00 6/24/35 X--------- CHEMICAL MANUFACTURERS ASSOCIATION----------x COMMITTEE MEMBER ROSTER -- COMMITTEE: PI6I V C PROG PANE PHASE VIII*STAC< COMPANY INDIVIDUAL NAME BIRTH SEX ML IN R.GN OATE TY TY ZDE TELE COPIER 41A02 Mr Owen H Kittilstad Certain Teed Corporation - p 0 3o* 360 VaHey Forge pA 19482 215/867-5003 46837 151700 Mr- 3enton R- Leach Coorporace 0ir* Hlth Uniroval Inc- - R-i-1 World Headquarters -- ............. - MiddleOury CT 067^9 203/573-2l53 Sfty Aff 5667 151599 Or. J- Lynch Exxon Chemical P. 3. 3ox 235 E Mill stone NJ 201/873-6371 Company 33873 42513 151660 Russell Park Occidental Chemical P 0 Box 699 Pottstown PA 19464 215/326-2000 Corp 45208 151690 Mr ? E Roqgi --------- -------------Stauffar- Chemical Company Nyla Farns Road Westoort CT 06881 203/222-4414 J29 "1515 62 Dr E N Skiest Borden Inc - Suite 101 960 Xi.ngsmill Pkwy ------------------------- Col-JSifruS OH 43229 ~ 614/225-4953 . 40L0 151591 Dr T R Torkelson ----------------------- OowChem U S A--Health L Envir 1803 Buildnq Midland MI 48640 517/635-5197 7241 151576 --------------------- . Or* C- Pang Wen Gulf Oil Products Company P-0. Box 2100 Hous tori- TX 77252 ............ ...... .. ......... 713/754-4334 46655 15169Q ----------------- ------1 -------------- - Mr- N- Wheeler, Jr. Chemicals L Plastics Union Carbide CorDorat ionInc. box 8004 S Charleston WV 25303 304/747-2 164 ...........................................- 42596 151560 Dr M R Zavon Occidental Chemical Corp ---------------------------- P 0 aox 728 - -- Niagara Falls NY 14302 715/296-3090 COMMITTEE total: 22 M c ;* r' 4 - (VA 7'