Document 70oYXMM8aerkELKv4Evrygwre

-6- 4. Medical Program: Dr. Gottesman reviewed in detail the presentation made by Dr. Hinderer at the December 3rd, Technical Committee's program which updated the report on the SWRI studies. It was noted that the next step is to burn PVC as part of the studies} such work to be completed by the enid of the first quarter of 1986. Dr. Gottesman also noted that Hans Well, of Tulane will be reviewing the research results at a consultant to the VI. Legal Counsel's Report Peter de la Cruz delivered the Legal Counsel's report, expanding upon the information contained under Tab I of the Briefing Book. Of specific interest Mr. de la Cruz noted that: 1. The Associate Commissioner of the FDA is scheduled to meet during the week of December 9th with the Commissioner and it is Che intention to have HHS and OMB sign off on the document at the earliest possible date, perhaps before the end of the year. 2. EPA's regulatory agenda notes that the revised NESHAPS on vinyl chloride should be out by May 1986. Mr. de la Cruz noted that EPA counsel do not believe that the release of the revised standard is tied to the NRDC vs. EPA case, but rather that they are two independent proceedings. $ 3. NRDC vs. EPA - The D.C. Court of Appeals is now behind schedule and the earliest time for scheduling of oral arguments could be in February 1986, with a decision 3-6 months after oral arguments. Counsel further noted that it is NRDC's intention to file an action on the new EPA .standard. 4. Counsel suggested that the members of the Board may wish to review the provisions of the Criminal Fine Enforcement Act of 1984 due to the potentially broad ramifications of its Federal Criminal Penalty Provisions. Note: A brief review is contained in the Counsel's report as contained under Tab I. 5. Counsel reviewed the status of the Interpretation of the Pittsburgh ordinance that prohibits certain uses of plastic pipe and conduit, making specific reference to the fact that Mistick doesn't want to "charge ahead", although it has not withdrawn its.challenge. Following a discussion on expenditures to date on the case (de la Cruz noted that approximately $3000 has been spent out of the SPI IMC budget). Dr. DiLiddo recommended that we should continue to pursue until we get to a high expenditure level and then consider appropriate steps. Mr. Timpe noted that this interpretation of the ordinance only affects DWV, and that problems with electrical conduit continues. SPI- 10316 7 ( State Leglslatlvc/Regulatory Report Ms. Scheck updated the Board on state legislative/regulatory initiatives Chat impact on Che vinyl industry. Updating Chose items contained in the Briefing Book under TabJ, Ms. Scheck noted that restrictive proposals in the solid waste arena will reemerge in January 1986, when legislatures in New Jersey and Pennsylvania reconvene. Additionally, Ms. Scheck reviewed the hearings to date that have taken place in New York State on the proposed amendments to the Building Code, and referenced the statement offered by SPI Technical Director H. Pat Toner. Executive Director's Report Dr. Roy Gottesman expanded upon the Executive Diector's Report contained under Tab K. Dr. Gottesman stated that after the last Board meeting he examined several suitable, available office locations. Subsequently, three were visited by VI Treasurer Robert Sander. Dr. Gottesman noted that as of December 4th, he is awaiting final signature on the 3-year leased by the SPI President; assuming early approval, the office should be relocated on/about January 13, 1986. COMMUNICATION WITH THE STATE OP DELAWARE AND PREPARATION OP COMMUNITY HEALTH DOCUMENT Dr. Gottesman led a lenghty discussion on the background leading to the revocation of the permits by the State of Delaware that allowed Pormosa to operate its Delaware facility. He also updated the Board on the start up of the Formosa emulsion plant ten days previously! Dr. Gottesman reviewed the contents of his November 27, 1985 letter to the Board (Subject: Development of VI Response Document,' Cosnunity Health and Safety Tpa-tj of VCM Emissions). As noted, the aim of such a VI response document would be to put all information available on community health and safety impacts of VCM releases into one document. Dr. Gottesman noted that he believes that such a document could be useful in helping Delaware shape their guide lines that are now under development, and could also be a useful document for companies to have in conjunction with material developed in response to EPA'a Chemical Emergency Preparedness Program. Dr. Gottesman noted that his thinking is to assemble a small group of member company representatives that could begin working on preparing such a document prior to the next Board Meeting. Such a group- would include: Bob Hinderer of BFGoodrich; Ted Torkelson of Dow; John Barr of Air Products; W. C. Holbrook of BFGoodrich; and a representative of the VI Communieatins Consittee. Dr. Gottesman requested that if any members of the Board have suggestions on apppropriate resources within their companies to notify him at an early date. Counsel consented that he believed this was a good project for the VI as EPA's Hazard Conssunication Program goes forward. Mr. Sander noted that the Governor of Delaware has been under enormous pressure to respond and that such a document could be helpful. SPI- 10317 8 As part of Che discussion on Formosa's Delaware facility, che Board discussed how to best follow-up with the appropriate Delaware authority. It was agreed,chat Counsel would pursue getting copies of Che appropriate documents in Delaware (distributed to Executive Board December 9, 1985). The Board agreed to a suggestion offered by Dr. DlLiddo: That after each Board member give^ his thinking to Gottesman on how best to communicate with the state, and that final agreement on the contents of such a communication to Delaware Governor's Castle be made by a telephone conference call. OLD BUSINESS Fhthalate Esters; Dr. Gottesman noted that he has been apprised by the SPI Director of Public Relations, that the CPSC staff briefing package on this subject is to go forward to the Commissioners either December 4 or December 5. As soon as this Briefing package is received, a copy will be distributed to the Board. Dr. Gottesman noted that reports indicate that the package will recommend that Industry adopt a voluntary standard to eliminate DEHP from children's / toya_and baby pacifiers. PVC Fire Litigation Update: Dr. Gottesman directed the attention of the Board to the document contained under Tab L in the Briefing Book, a memorandum from Carl Henlein which contains both current status report on PVC fire litigation, and discusses future potential problems. NEW BUSINESS Discussion of Ideas for FY 86-87 Program and Budget Dr. Gottesman stated that he intends to convene a meeting of all VI Coomittee Chairman early in 1986 (January) to plan future programs and develop a budget for the next fiscal year. Dr. Gottessun asked the Board for their thoughts on future prograau/actlvlties, which they feel should be either emphasized or accelerated. Additionally, he asked for some early direction on overall budget. Dr. Gottessun noted that he intends to report on the Cosamittee Chairman's meeting at the next Board Meeting, that a proposed budget re flecting the Cosssittee's ongoing and proposed projects would be presented to the VI Finance Committee in March,and after any Finance Committee changes/ revision would be presented for Executive Board approval at the May 1986, Annual Meeting. Dr. Gottesman further noted that the Conmnications Committee has already adopted a more pro-active approach this fiscal year (i.e., the use of the vinyl house). Additionally,-he has been thinking of suggesting that the Codes and Regulatory Committee be renamed the "Market Development" Committee and that its goals be expanded. With that approach, the previously discussed cooperative program with Uni-Bell would be an example of the types of projects that the committee would undertake. SPI- 10318 9 Dr. DiLiddo asked whether the VI should again consider expanding the VI membership to include other classes of members. Mr. Andresen explained in detail the recent experience in Canada and noted, that as of January 1, 1986, the Vinyl Council of Canada will be going downstream to the pipe, siding, and profile/extruder communi ty. This will, he noted; change the original composition of the Board. Mr. Schaefer noted that the unity of purpose has been relatively easy to achieve in a small group and indicated that he did not believe that VI members would benefit from a diluted membership. Mr. Disch noted that while there are many natural allies in specific markets, that they have, not to date, found SPI membership attractive. Mr. Schaefer noted that the Board needs some proposal from the VI Committees on how best to assume a pro-active approach. Adjournment There being no other business, the Executive Board meeting was adjourned at 12 noon. A brief closed executive session followed. In addition to the members of the Executive Board, Counsel and SPI President O'Connell, attended the closed session. (Letter Attached). Meredith N. Scheck As approved by Robert D. Luss, Esq. Dec. 17, 1985 c SPI- 10319 Occidental Chemical Corporation PVC Products Robert D. Luss December 5, 1985 Ms. Meredith Scheck The Vinyl Institute 355 Lexington Avenue New York, New York 10017 Dear Meredith: The purpose of this letter is to advise you that the Executive Board of the Vinyl Institute at Its December 4, 1985 meeting approved a three-year extension of the e employment agreement between Dr. Gottesman and SPI. Furthermore, the Board requested that S. W. Schaefer and I meet with Dr. Gottesman for the purpose of negotiating the three year agreement. Please include the above in the minutes of^the December 4, 1985 meeting. Sincerely yours, , O_ RDTTTrm OXY Af 3 6 99 ?; l: o -2 i 7 j 19^0-i J 1 C j J ~ o - 2 - SPI- 10320