Document 2z3bJR1k3GNpwGJ8Rq10Zreg

1 f'" ^CONFIDENTIAL^ SubJeciTto Protective Order in .47? Boss_v. _ConocoI_Jnc^ No. 90-4837 14th Judicial District Court Calcasieu Parish,, Louisiana MINUTES of the two hundred thirty-second meeting of the Board of Directors of the Manufacturing Chemists' Association, Inc. , held in the West Virginia Room, The Greenbrier, White Sulphur Springs, West Virginia, on Wednesday, June 5, 1974, at 5:30 p.m. There were present: Directors: Werner C. Brown, Chairman Harold E. Thayer, Vice Chairman Warren M. Anderson Edward R. Kane Frederick L. Bissinger Lloyd G. Lillico Harry W. Buchanan Robert H. Malott C. C. Candee Harry T. Marks E. E. Chipman Harry D. McNeeley Thomas C. Dabovich Robert L. Mitchell William C. Douce Robert M. Morris William J. Driver Charles S. Munson Carl A. Gerstacker Joseph A. Neubauer James M. Gill Donald D. Pascal John R. Hall Robert T. Powers JohnW. Hanley Peter C. Reilly JohnM. Henske George W. Russell James A. Hughes Jack B. St. Clair William W. Huisking Donald G. Stevens Alternates: Stanley H. Anonsen (for Harold E. Thayer) Frank A. Carragher (for William W. Huisking) C. Preston Cunningham (for John W. Hanley) James C. E. Fuller (for James H. Gardner) Paul F. Hoffman (for Robert M. Morris) Leo H. Johnstone (for William C. Douce) Gordon Kiddoo (for Donald G. Stevens) Thomas E. Reilly, Jr, (for Peter C. Reilly) W. C. Roher (for Z. D. Bonner) William S. Sneath (for Warren M. Anderson) Raymond C. Tower (for Robert H. Malott) E. A, Von Doersten (for John R. Hall) Richard N. Williams (for John M. Henske) General Counsel: Lloyd Symington Secretary-Treasurer: George E. Best By invitation: Bruce M. Barackman, MCA Earle B. Barnes, Dow Chemical U. S.A. Albert C. Clark, MCA J. Morris Evans, Philadelphia Quartz Company Thomas S. Farmer, Borg-Warner Chemicals, Borg-Warner Corporation CMA 012543 Proposed EXHIBIT C Research and Study Program on Environmental and Occupational Health Hazards of Vinyl Chloride COlfPIDJilTJ'PT A T Background Since action by the Board on January 9, 1973, author ising a special project to clarify the status of vinyl chloride monomer as an alleged carcinogen, it has become apparent from both animal studies and occupational health experience that tMs chemical must be so regarded. OSHA has promulgated temporary emergency standards and has proposed still more strin ger, t permanent standards for vinyl chloride. Pu rpose # MCA members and other companies involved in the synthesis and polymerization of vinyl chloride, who are now supporting the current project, consider it essential to expand and accelerate research to ascertain conditions necessary to assure the safety of workers involved in the manufacture and use of these products, and of the communities in which they are made. Program The Technical Task Group on Vinyl Chloride Research established by the 1973 Board action has recommended the sup port of the following contract research projects: 1. a study of the metabolism of vinyl chloride, 2. a study of teratogenesis by vinyl chloride, 3. chronic inhalation studies at concentrations below 50 ppm, in an effort to identify a "no-effects" level, and 4. an acute inhalation experiment in which animals will be subjected to a single, acute, massive exposure simulating conditions which might be experienced by a community fumigated by a tank car rupture in a transportation accident. The animals would then be observed for the remainder of their lifespan. CMA 012544 Projects (1) and (2) wouJ Cnemicai Company, with support b\ project sponsors. Projects (3) and (4) would be conducted by Industrial BID-TEST Laboratories, Inc. The Technical Task Group on Vinyl Chloride Research and its working subgroups, as appropriate to further the purposes of this program, would also develop and make pub licly available technical reports on work practices, indus trial hygiene monitoring- and analysis, and the medical sur veillance of exposed workers. Funding Funding commitments are now being received from the thirty-one sponsors of the current program sufficient in the aggregate to cover the 5400,000 to $500,000 estimated to be required for the completion of the indicated program. Because of the fluid status of scientific knowledge and regulatory climate with respect to vinyl chloride, upward revision of this cost estimate may be necessary to permit desirable modifications of test protocols. Any such cost increases will be funded by the sponsors. Supervision The program is to be supervised on MCA's behalf by the Technical Task Group on Vinyl Chloride Research composed of one technical representative from each subscribing company, plus an MCA staff representative to serve as secretary. S tipu1ations The scientific information developed from this program is to be fully disclosed, without restriction. For purposes of consistency and control, however, all releases are to be made solely through MCA, normally based on Task Group rec ommendations as to nature and timing. This requirement would not preclude private scientific interchange of non-competitive information useful to advancement of the program, nor relevant non-competitive private communication within and among sub scribing companies. It would be an obligation to inform the MCA staff representative on a current basis about all such lnterchar ' and communications other than those internal to the companv CMA 012545 - -ir *ecomm approval WCA EC - 5/14/74 BD - 6/5/74 Cjv^ 0i2546 Recommendation -3- _ j -ID R M'P J T' ' s4 V."^`no^Vnc*lvs 0rt" In 14th iu^iITnrV' N' 90'4837 The staff recommends approval of this proposal. EC - 5/14/74 BD - 675/74 NON-RESPONSIVE MATERIAL m-REspom material redacted CMA 012546 EXHIBIT H STAFF REPORT CONFIDENTIAL Subject to Protective Order in Poss v. Conoco, Inc., No. 90-4837 14th Judicial District Court Caloasieu PariBh,, Louisiana by William J. Driver June 5, 1974 MCA and companies participating in the MCA-administered vinyl chloride toxicological research project were extremely concerned over the implications of a recent article in "Chemical and Engineering News" that accused producers of vinyl chloride and MCA of withholding information vital to a determination of the health hazards to workers making vinyl chloride. The article made the statement based on an interpretation of a confidentiality agreement between U.S. and European groups conducting independent research on vinyl chloride. Because of this and other publicity on vinyl chloride, MCA has prepared, and mailed to the press on May 24, a "Vinyl Chloride Chronology." Significant dates from the chronology are these: May 1970. At the 10th International Cancer Congress in Houston, Dr. P.L. Viola reported that 30,000 ppm VCM exposures at four-hours-a-day, fivedays a week for a year, caused cancers in rats. This was the first time U.S. industry had heard of any cancer-related effects of VCM. August 16, 1972. A letter to MCA bearing this date, sent on behalf of the European sponsors of then current VCM research, offered technical cooperation under the condition that "no disclosure of information arising from the European investigation should be made outside the individuals comprising the technical coordinating task group without the specific consent of the European group." November 14, 1972. An MCA representative who visited Europe October 19-20 reported that the testing protocol of Dr. Cesare Maltoni, the principal investigator of European sponsors, showed sur prising results. The European group declined to release its data, however, because there was still no agreement to comply with the European group's stipulation of confidentiality. CMA 012547 STAFF REPORT June 5 , 197 4 page two CONFIDENTIAL Subject to Protective Order in jtoss^v. Conoco, Inc.. No. 90-4837 14th Judicial District Court Calcasieu Parish,, Louisiana December/1972. After much deliberation and with great reluctance to pledging confidentiality, the participating U.S. companies and MCA did so in an MCA communication to a representative of the European group. This was dona be cause of the vital importance of learning of any indications from the European research and thus have a base to proceed on further studies, if needed, without the delays that could have re sulted from duplication of effort. July 17, 1973. MCA representatives presented to NIOSH a summary of the published toxicity data on vinyl chloride, along with a description of the industry and full details of the studies contracted under MCA administration. This was done with the expressed interest in taking advantage of any suggestions NIOSH might offer. A physician representing the European group reported that tumors had been observed in rats down to 250 ppm VCM, but that an epidemiological survey had indicated no increase in gross mortality from cancer and no increase in cancer morbidity or incidence among workers exposed to VCM. On May 10, OSHA published a proposed permanent standard that would ban worker exposures to detectable levels of VCM. The deadline for comments and requests for a public hearing is June 10. * ** CMA 012548 vnfidential STAFF REPORT June 5, 1974 page eight 14th J^Ta90 caic-- The status quo continues in toxic substances legislation with still no sign of a renewal of the House/Senate conferences You will recall that the conferees last met in September of 1973' making little or no progress at that time. The attention of the' members was then diverted by such sensitive matters as the ArabIsraeli war, the energy crisis, the confirmation of Vice President Ford, and the continuing furor over Watergate developments. |> We believe it is still likely that attempts will be made to resolve differences between the House and Senate versions of toxic substances bills. However, prospects appear to be increasing that there will be a major disruption in the conduct of normal Congressional business as the legislators turn their attention to impeachment proceedings. House activity on the impeachment question could extend until Labor Day, and the Senate would require at least two months to discharge its responsibility as an impeachment court. Should something approximating this timetable actually occur, it becomes obvious that numerous legislative proposals will be left by the wayside. A development which could have important impact on the progress of# toxic substances legislation is the emergence of the vinyl chloride problem. The press, both nationally and locally, is showing increasing interest in this question. A recent story by a leading newspaper in the Nation's Capital discussed the health dangers which have been associated with the manufacture of vinyl chloride and went on to criticize the inaction of Congress in failing to pass a toxic substances control law. The article went so far as to lay the blame for the delay to the chairman of the House conferees. Therefore, it appears that the following questions are relevant: What effect will vinyl chloride problems have on the outcome of future House/Senate conferences on toxic substances? Will the conferees now be inclined to opt for the more stringent and less reasonable Senate version, ignoring its impractical approach in the haste to report a "stronger bill"? If no further action is taken by the conferees and toxic substances legislation dies in the 93rd Congress, what will be its fate in the 94th Congress? With its revival of these proposals a certainty next year, would the vinyl chloride publicity produce a less reasonable and more punitive attitudej in the Congress? In short, should we begin to consider actively seeking enactment of toxic substances legislation this year? ChA 012549