Document 4Jb7VoK1mamyxNLJVxO40qovG

minutes VINYL INSTITUTE HEALTH SAFETY AND ENVIRONMENT COMMITTEE SPI Conference Room 1025 Connecticut Avenue, N.W. Washington, D.C. Wednesday October 8, 1986 10:30 a.m. Attendees: W. C. Holbrook, Chairman J. T. Barr N. M. Blackman Frank E. Borrelli Robert Brager Peter de la Cruz C. A. Gellner Clark S. Graybill J. Kachtick Joe King Joe Ledvina J.C. Lunn, Jr. Robert Luss P. Toner H. Waltemate M. Scheck - BFGoodrich - Air Products - Borden Chemical - Georgia Gulf - Beveridge & Diamond - Keller and Heckman - CertainTeed - PPG Industries - Occidental Chemical - Occidental Chemical - Vista Chemical - Borden Chemical - Occidental Chemical - SPI (part of meeting) - BFGoodrich - Vinyl Institute n - OL copy- x-."- Self-Introductions Committee Chairman, W. C. Holbrook convened the meeting at 10:30 a.m. and asked for self-introductions of those present. Approval of Minutes Mr. King motioned that the minutes of the July 17-18, 1986 Committee meeting previously distributed to the Committee members be approved. The motion was seconded by Mr. Kachtick. The minutes were approved by voice vote without correction. Report On NAPTAC Meeting Mr. Ledvina reviewed the discussions and presentations made at the September 17, 1986 meeting of the National Air Pollution Techniques Advisory Committee on volatile organics, specifically ethylene dichloride, ethylene oxide, and butadiene. Mr. Ledvina reviewed the substance of the presentations made by industry representatives, and noted the reactions of EPA staff to these industry presentations. Additionally, Mr. Ledvina stated that a hazardous organic NESHAP has been targeted for proposal by the Agency for June 1987, with final promulgation to follow approximately one year later. THE SOCIETY OF THE PLASTICS INDUSTRY. INC. 355 Lexington Avenue New York. N.Y. 10017 (212) 503-0600 WV 000027910 VI Health, Safety & Environment Committee Meeting Minutes October 8, 1986 Page Two Reports On State Regulatory Activity California: Mr. Holbrook noted that the South Coast Air Quality Management Newsletter contained an article noting that it is examining 47 compounds that it has identified as toxic, including EDC. Mr. Holbrook noted that California has an air toxics regulation on vinyl chloride of 10 ppb at the fenceline. Relative to EDC, it was noted that a "Regulatory Needs" will be published in January 1987. Texas: Mr. Kachtick noted that the monitoring program for VC is to be discontinued, and commented that the sampling areas used as part of this program had not included monitoring along the ship canal. As part of a round table discussion, committee members stated that the States of Maryland, Kentucky, Pennsylvania, and Massachusetts are all working on air toxics policies, and that many of these are using the AIHC list of substances. Vinyl Chloride Standard Mr. Brager reviewed the contents of his October 7th letter to Mr. de la Cruz dealing with EPA's September 30, 1986 promulgation of amendments to the vinyl chloride standard. The committee discussed at length the issue of whether the Vinyl Institute should consider challenging several portions of the new standard by filing a petition to review. Mr. de la Cruz noted that the 1976 failure to intervene had left the industry in an undesirable posit ion. The committee discussed the potential impact that specific requirements of the new rule would have on individual companies. Counsel responded to inquiries regarding the probability of a challenge being successful and the potential legal costs associated with such a filing. In his capability as Chairman of the Vinyl Institute Legal Committee, Mr. Luss recommended that the Health, Safety & Environment Committee make a formal recommendation to the Legal Committee, which would be preliminary to consideration by the Executive Board. Then, should the Institute decide to file a challenge, Mr. Luss noted that the members of the Health, Safety & Environment Committee would serve as technical advisors. Mr. Holbrook commented that given this recommended approach, he would then suggest that a special task force be organized to work with Counsel. In response to questions concerning the appropriateness of an individual company filing, Mr. Brager commented that he believed that the Vinyl Institute should serve as the focus. Mr. Luss stated that there may be others who would be interested in a joint defense. Motion: Mr. Barr moved that the Health, Safety & Environment Committee recommend to the Board that a "petition to review" the September 30, 1986 promulgation of a new vinyl chloride emission standard be filed. The motion was seconded by Mr. King. There being no further discussion, the Committee unanimously approved the motion. vvv ooooz-roii f VI Health, Safety & Environment Committee Meeting Minutes October 8, 1986 Page Three In response to a question dealing with the timing of such a petition and the schedule that would be triggered by such a filing, Mr. Brager noted that following the end of the 60-day limit for filing of a petition to review, EPA would have 45 days to file a certified list of the record; and then the petitioners would have 45 days to file a petitioner's brief. Mr. Holbrook asked for a Committee discussion on the issue of recommending that a ''stay" of the final rule also be filed. Mr. Brager noted that to do this one must prove both irreparable harm and the likelihood of success of a challenge. Mr. Brager recommended that if the industry also wished to pursue this approach that such a filing should be done early in the 60-day period. Motion: Mr. Kachtick motioned and Mr. Barr seconded a recommendation that the Vinyl Institute file a "motion to stay" the final rule. The motion was unanimously approved. Following approval of the above two motions, Mr. Holbrook asked for volunteers to serve as part of a technical task force to outline the issues and concerns. Mr. Kachtick agreed to chair such a task force, with the assistance of Messrs. Holbrook, Oubre and Ledvina. Hazardous Waste Identification and Toxicity Characteristic Revisions To provide an update on industry testing, Mr. Holbrook noted that BFGoodrich now has the appropriate equipment to complete the required tests and stated that the equipment should be set-up by the end of October. Additionally, Mr. Barr noted that Air Products has developed a two-headspace method of testing. Mr. Barr stated that they have shared this method with Occidental; and if anyone else is interested, the contact is Ed Kucher or Steve Peter at Air Products. Mr. Holbrook asked for a Committee discussion on whether the Vinyl Institute members could join together to perform analytical work on the product (not the wastes). Mr. Luss noted that to avoid any business implications of an industry testing program, there is precedence on how to perform "blind" tests on a confidential basis. Such a program would allow an individual company to know which material was theirs, but would not allow for identification of other companies' products. Mr. de la Cruz noted that if such a project were to go forward, that the results should be filed with USEPA. Following a lengthy discussion of whether and how to conduct such a program, Mr. King volunteered to head up an effort to determine the appropriateness of Mr. Holbrook's suggested industry testing program. Mr. King noted that he will speak with Dr. O'Mara as Chairman of the Vinyl Institute Technical Committee about such a program. Messrs. Blackman, Gellner and Borrelli volunteered to work on the program with Mr. King. VVV 000027912 VI Health, Safety & Environment Committee Meeting Minutes October 8, 1986 Page Four Chairman of the Vinyl Institute Safety Subcommittee Mr. Holbrook stated that as a result of Mr. Barr's imminent retirement from Air Products that the subcommittee needs a new chairman. Such individual would be responsible for gathering the data for the VI awards programs. Mr. Borrelli moved that Mr. Oubre of Dow be named as Chairman of the subcommittee. The motion was seconded by Mr. Ledvina and approved unanimously be the Committee. Noting Mr. Oubre's absence from this Committee meeting, Mr. Holbrook stated that he would speak with Mr. Oubre concerning his availability for such an assignment. Mr. Toner, Technical Director of SPI noted that there was another vacancy to be filled as a result of Mr. Barr's retirement, i.e., the Vinyl Institute "slot" on the SPI Occupational Health and Enviromental Issues Committee. There being no suggestion at the meeting, Ms. Scheck stated that she would discuss this item with Dr. Gottesman and would keep Mr. Toner apprised. Environmental Recognition Formula Ms. Scheck noted that the formula developed at the Committee's July meeting to recognize environmental excellence had been distributed July 29th for final review prior to this committee meeting. There being no further amendments to the formula as distributed, Ms. Scheck noted that it will be presented to the Executive Board at the December meeting for final Institute approval. OSHA - PVC Update Mr. de la Cruz reviewed the recent dialogue between the Occupational Safety and Health Administration regarding OSHA's position on the labeling requirements of PVC resins and compounds. Counsel noted the unavailability of Mr. Prendergas of OSHA for a meeting due to a foreign travel schedule. A meeting involving Mr. de la Cruz, Mr. Luss and Dr. Gottesman with Mr. Frank White of OSHA has been scheduled for October 23rd. Counsel noted that an expert in the toxicology/human health field would be a useful addition to this delegation. Mr. King and Mr. Holbrook agreed to search for such an individual and make their recommendations to Mr. Luss or Dr. Gottesman. CMA Study Update Mr. Barr reviewed for the Committee discussions that had taken place at a September 8th CMA Meeting of a draft report of an epidemiological study which shows an elevation in brain cancers, emphysema, and two reported deaths from liver and biliary cancer. There was, reportedly, a signficant amount of debate that took place at the CMA Meeting about the details of the study and whether its findings are flawed. Mr. Barr noted that the CMA panel took a vote (not unanimous) to favor reporting the findings under TSCA. Mr. Barr stated that the CMA staff person to the panel is Mr. Shah. Counsel was asked to determine whether an 8d had been filed by any company. vvv 000027913 VI Health, Safety & Environment Committee Meeting Minutes October 8, 1986 Page Five ASL Case Report Mr. Barr briefed the Committee on the previously reported Pantasote worker ASL case. He noted that a joint defense committee had been established. "Right-To-Know11 Mr. Borrelli noted that CMA had distributed a review of the Community "Right-To-Know" provisions of the Superfund bill as adopted by the congressional conferees. It was suggested that this information be attached to the minutes of this meeting. Mr. Borrelli also noted that the results of the Community Awareness Survey are to be discussed at the October 9th meeting of the Vinyl Chloride Safety Association. Mr. Borrelli noted that the results of the survey indicated that a variety of dispersion modeling is being done and that there is also a variety of involvement with local communities being undertaken by vinyl-producing companies. PVC Solid Waste Disposal Mr. Ledvina noted that the results of the PVC solid waste disposal survey had been compiled by Keller and Heckman and stated that the results would be discussed at the Vinyl Chloride Safety Association Meeting. Ms. Scheck was requested to include these with the minutes when distributed to the Committee members. OSHA Respirator Standard Mr. Holbrook stated that the recently published OSHA respirator standard may be of interest to this group. After a brief discussion on the requirements of the standard and their economic effect upon the industry, Mr. Waltemate accepted the assignment of contacting Mr. Oubre and others regarding the impact of this regulation and determining appropriate follow-up. Review of Vinyl Chloride Clean Air Act Standard The members of the Committee reviewed a chart prepared by Keller and Heckman outlining the provisions of the new VC NESHAPS in comparison to the 1976 rule and the January 1985 proposed rule. This review is to serve as background for the Kachtick Task Force. NESHAPS Enforcement A round table discussion occurred on recent enforcement activities. Specific reference was made to the settlement reached by Air Products; Texas Air Control Board's administrative review of Occidental; TACB's suits against two other producers. It was noted that TACB has greatly increased monetary penalties being levied. Mr. King reviewed a litigation update as of September 1986, noting the number of cases that have been settled and those that are in the litigation process. VVV 000027914 f VI Health, Safety & Environment! Committee Meeting Minutes October 8, 1986 Page Six Next Meeting Following a brief discussion of Committee recommended that Mrs. Charleston on December 18, 1986. meeting a possibility. the appropriate next meeting date, the Scheck pursue scheduling a meeting for This is a tentative date, with an earlier Adjournment There being no further business, Mr. King made a motion to adjourn the meeting. The motion was seconded by Mr. Barr and adopted unanimously at 2:30 p.m. Respectfully submitted, Meredith N. Scheck attachment VVV 000027915 r