Document 5kz2dRLG64dbgbp6e3bx56bM5

MANUFACTURING CHEMISTS ASSOCIATION MINUTES OF MEETING LEGAL ADVISORY COMMITTEE Conference Room of Wilmer, Cutler Sc Pickering 1 666 K Street, N. W, , Washington, D, C. December 4, 1975 LAC PRESENT Brian D. Borrow, Chairman Albert A. Eustis James H. Hanes Robert A. Longman Frank R. Lyon, Jr, I. C. Macdougall Charles S. Maddock Bernard J. McNamee E. J, Mooney Russell J. Parsons Donald P. Walsh Charles E. Welch Bruce M. Barackman, Secretary C. Boyden Gray, Outside Counsel (for agenda item 6) Daniel K. Mayers, Outside Counsel John H. Pickering, Outside Counsel Allied Chemical Corporation W. R. Grace & Co, Dow Chemical U. S. A. Celanese Corporation Union Carbide Corporation Stauffer Chemical Company Hercules Incorporated Hooker Chemicals b Plastics Corp, Nalco Chemical Company Borg-Warner Corporation Shell Oil Company E. I. du Pont de Nemours & Companr Manufacturing Chemists Association Wilmer, Cutler b Pickering Wilmer, Cutler b Pickering Wilmer, Cutler & Pickering ABSENT Edwin J, Putzell, R. C, Burroughs Arloe W. Mayne Neil R. Mitchell James I. Wyer Jr. , Vice Chairman Monsanto Company Olin Corporation Ashland Oil, Inc. Velsicol Chemical Corporation American Cyanamid Company GUESTS Robert H, Bidwell William J. Driver Terence J. Gallagher Taylor W. Hanavan Richard Millan William M, Stover (for agenda item 2) Exxon Chemical Company Manufacturing Chemists Association Pfizer Inc. E. I. du Pont de Nemours k Company Conoco Chemicals Manufacturing Chemists Association CMA 086425 LAC o-2 The meeting convened at 10:05 a.m. with Brian Borrow, chairman, presiding. 1. Minutes of the November 6, 1975 Meeting The minutes were approved as distributed with the understanding that the chairman would send a letter to the Executive Committee incorporating the recommendation contained in item 7 thereof. 2. Toxic Substances Control Legislation Mr. Stover reported on the present status of bills introduced and he, together with Mr. Mayers, commented on their prospects of enactment. Following extensive discussion, both the position established at the November 6 meeting and the recommenda tion to create an Ad Hoc group were reaffirmed. It was noted that an industry bill, when drafted, will be cir culated first to the Legal Advisory and Government Relations committees be fore being submitted to the Executive Committee for approval. Mr. Forrow, in his presentation to the Executive Committee, December 9, will present Mr. Mayer's draft of a letter enclosing a compari son of the major provisions of the McCollister bill with the Eckhardt and Turi ne y bills. 3. Antitrust Compliance Program In the absence of Mr. Mayne, this item was carried forward to the next meeting. 4. Draft of MCA's Energy Policy Statement Mr. Forrow commented to the effect that the statement is soft on the matter of priorities. He also mentioned Mr. Wyer's observation on the importance of coal and the need to strengthen the statement in regard to strip mining. Committee members were requested to submit their comments to Mr. Barackman for consideration in the preparation of the final draft. 5. SEC's Proposed Environmental Disclosure Requirements Mr. Barackman distributed copies of SEC's proposal to those present. Attention was invited to the deadline of December 12 for comment. It was agreed that this was a matter to which companies should speak individually. 6. S. 1284 (Hart - Scott) Antitrust Improvement Act In addition to the materials supplied by Mr. Forrow, Mr, Longman offered to supply to Mr. Barackman, for distribution to committee members, a copy of the state ment of the Antitrust Section of the New York State Bar Association before the Senate Judiciary Subcommittee on Antitrust and Monopoly on S. 1284, Mr. Gray, at the invitation of the committee, gave a compre hensive and enlightening run-down on S, 1284. CMA 086426 LAC 6-3 Daring the ensuing discussion it was noted that this issue could be even more important than toxic substances control. The importance of law yers educating their chief executives as to the implications of the bill was em phasized. 7. Election of Chairman The re-election of Mr. Forrow was moved, seconded, and unanimously voted. Chairman Forrow and vice chair man Putzell were designated as a nominating committee for officers to be elected to serve for the year commencing June 1, 1976. 8. Report by Staff Counsel Mr. Barackman reported that in re sponse to EPA's announced principles of carcinogenicity, MCA's Toxic Sub stances Control Group, at its September 8 meeting authorized the chairman to organize a Task Force of the group. A subcommittee composed of four toxi cologists were appointed from companies which are members of both MCA and NACA. The members have links to CUT and SOCMA. The Task Force, chaired by Dr, Dixon of Celanese, will meet December 16. They will make a technical evaluation of the EPA principles, and will also consider the just-released No vember 11, 1975 working draft of "Criteria for Establishing the Carcinogenicity of Chemicals" prepared by the National Cancer Institute's Advisory Board at the request of EPA. Opinions concerning this evaluation will be solicited from toxicologists of MCA, SOCMA, CIIT, and NACA, and will be reflected in the final work product. Appropriate action by MCA will then follow. With the approval of the committee, chairman Forrow appointed Mr. Walsh and Mr. Mitchell as liaison to the Task Force. Mr. Barackman further reported that Prof. Lustgarten's eco nomic study for use in connection with S, 1167 (Hart), Industrialization Act, will be circulated soon to the Economic Policy Review Committee and the Legal Advisory Committee, following which it will be printed, 9. Next Meeting The next meeting will be at 10:00 a.m. , Janu ary 8, 1976, in Washington, D. C. at the offices of Wilmer, Cutler & Pickering, The meeting adjourned at 18:10 p.m. Minutes subject to approval December 12, 1975 BMB:jb Bruce M. Barackman Secretary CMA 086427