Document 7kLnV4KkYypnqa8mv234XYJe

1--AC 27-1 manufacturing chemists association MINUTES OF MEETING LEGAL ADVISORY COMMITTEE Conference Room, Wilmer, Cutler & Pickering l-b'66 K Street, N. W. , Washington, D. C. April 6, 1978 PRESENT James I, Wyer, Chairman Leon C. Holt, Jr., Vice Chairman American Cyartamid Company Air Products and Chemicals, Inc, Richard W, Duesenberg Harold J. Fast (alternate) Thomas D. Kent (alternate) William E. McIntyre (alternate) Bernard J. McNamee James N. O'Connor (alternate) David Sigman (alternate) G. J, Triplett Donald P. Walsh John A. Wilson Monsanto Company The BFGoodrich Company Allied Chemical Corporation E. I. du Pont de Nemours & Company Hooker Chemicals & Plastics Corn. Dow Chemical USA Exxon Chemical Cpmpany USiion Carbide Corporation ,Shell Oil Company Diamond Shamrock Corporation Bruce M. Barackman, Secretary Edmund B. Frost Andrew T. A. Macdonald John H. Pickering Manufacturing Chemists Association Manufacturing Chemists Association Wilmer, Cutler & Pickering Wilmer, Cutler & Pickering ABSENT Robert H. Bidwell (alternate designated) Ray W. Brown Gerald M. Doppelt Brian D. Forrow (alternate designated) James H. Hanes (alternate designated) Richard W. Heuerman Peter H. Kaskell E. J. Mooney John A. Stichnoth (alternate designated) S. Maynard Turk Charles E. Welsh (alternate designated) Exxon Chemical Company Mobay Chemical Corporation Chevron Chemical Company Allied Chemical Corporation Dow Chemical USA The BFGoodrich Company Olin Corporation Nalco Chemical Company Union Carbide Corporation Hercules Incorporated E. I. du Pont de Nemours & Company GUESTS Howard D. Fashbaugh Terence J. Gallagher Harry W. Gill Richard W. Gray David Jenkins Virginia Chemicals, Inc. CMA 08 Pfizer Inc. ARCO Chemical Company Air Products and Chemicals, Inc. Celanese Corporation LAC 27-2 presiding. The meeting convened at 12:26 p. m. iwith chairman Wyer 1. Minutes of the March 2, 1978 Meeting were approved as distributed. The minutes 2. Cancer Regulation 2. 1 Mr. Christofano of Hercules Incorporated testifield on behalf of MCA at the March 23, 1978 EPA hearing on the Environmental Defense Fund petition concerning regulation of carcinogenic air pollutants. Copies of statement prepared by outside counsel for that occasion were dis tributed to the committee. 2. 2 Mr, Frost reported on the status of proposed OSHA regulation and will decide what further filing by MCA, if any, is appropriate after re viewing written testimony of OSHA witnesses. Testimony of MCA's witness at the hearing will be consistent with that of the American Industria Health Council (AIHC), 2. 3 Mr. Macdonald reported that MCA's suit asking for review of OSHA's permanent standard has been filed in the U. S. Circuit Court of Appeals for the District of Columbia. MCA asks that its petition for review be transferred to the Fifth U. S. Circuit Court of Appeals in New Orleans where MCA earlier had been granted permission to intervene in the American Petroleum Institute's petition for review. Outside counsel is looking into whether amicus brief should be filed on behalf of AIHC. 3. Safety Publications and MCA Insurance CMA 086498 3. 1 Mr. John Pickering advised: that MCA's officers and directors are not likely to have personal lia bility for MCA's safety publications; it is unlikely that member companies would be held liable for judgments entered against MCA; but member com panies may be held liable for negligent acts of their employees serving as MCA committee members. He distributed a memorandum on the subject. 3. 2 Mr. Frost discussed the need for continuing review of liability risks posed by CHEMTREC operations and by publications other than safety data sheets, e.g., Chem Cards, Cargo Information Cards, and LAC 27- 3 the ANSI Standard on labeling. Outside counsel was requested to extend original audit of safety data sheets to cover remainder of safety publica tions activities. The small group which met pre viously will be reconvened by May to prepare a recommendation to the MCA Board concerning continuation of the safety publications program. Mr. Barackman reported on the status of efforts to obain insurance coverage. 4. OSHA Chemical Substances Identification Proposal Mr. Frost reported that an MCA task group has been formed of represent atives from several member companies. A meeting was held with Mr. Grover ffrenn on April 5, He indicated a desire to consider an industry proposal which (1) was limited to hazardous and toxic chemicals, (2) gave discretion in developing systems to give warnings so long as rea sonable access to basic information was provided, and (3) required no new testing. It is believed that there will be a basic problem with confi dentiality and trade secrets, 5. EFA Statement of Interpretation of Section 8(e) TSCA The Legal Subcommittee of CRAC will prepare, for distribution to the membership, their interpretation of EPA's interpretation. No legal challenge is contemplated by MCA. 6. EPA Regulations - Section 311 of Clean Water Act Fol lowing discussion, certain questions were deemed to need further research. Mr. Frost will review the matter, after which a decision will be made con cerning an appeal of the final reguations. 7. Executive Responsibility Under Criminal Law It was recommended that MCA support the efforts of more broadly based organi zations, e.g. Business Roundtable, to modify objectionable provisions of S. 1437, the Criminal Code Reform bill. 8. Report by Counsel 8. 1 Mr. Barackman Reported that the National Center for Administra tive Justice is developing a seminar for attorneys on government regulation of cancer-causing chem icals. The issues to be addressed include many which concern the chemical industry. Responding to an invitation from the center to nominate a participant, MCA named Mr. Monte C. Throdahl, group vice president, environmental policy staff, Monsanto Company, CMA 086499 LAC 27-4 Advised that MCA, in its recommendation con cerning labeling as contained in safety data sheets, will include known information con cerning chronic hazards as well as acute hazards and also reference to safety data sheets when they exist. 8. 2 Mr, Frost Stated that the Executive Committee had ap proved the report and recommendations of the Special Committee on Product Liability. Addition of a lawyer to MCA staff is planned to handle proposed tort reform legislation in this area. The Board will be requested to approve a task group to work with staff. A program is expected to be in place by next year. Activity is contemplated in 4 or 5 key states. Reviewed activities regarding the AAR inter change rule 95. Further actions, if taken by MCA, will be coordinated with the MCA/ AAR Task Force on Rail Transportation of Hazardous Materials. 1. Next Meeting The next meeting of the Legal Advisory Committee will be a luncheon meeting at 12:00 noon, May 4, 1978, at the law offices of Wilmer, Cutler & Pickering, ninth floor, 1666 K Street, N. W. , Washington, D. C, Minutes subject to approval April 21, 1978 BMB:jb Bruce M. Barackman Secretary Legal Advisory Committee CMA 086500 > - M