Document 85Ok20ayzaVqLMQ2NnYEkR1do

I minutes HEALTH, JOINT MEETING OF THE LEGAjJfcOMMITTEK AND AND ENVIRONMENT COMMITTEE Turnberry Isle Country Club Garden Room Miami, Florida Wednesday May 20, 1987 8:00 a.m. Attendeesi W. C. Holbrook - Co-Chairman, BFGoodrich R. D. Luss, Co-Chairman, Occidental Chemical W. Bailey Barton, Borden Inc. S. Bayless, Morton-Thiokol, Carstab Division S. Carr, CertainTeed G. Cudak, BFGoodrich P. de la Cruz, Keller and Heckman F. W. Fisher, Air Products and Chemicals R. Gadomski, Air Products and Chemicals A. Geliner, CertainTeed B. Gholson, Georgia Gulf C. Graybill, PPG Industries J. Kachtick, Occidental Chemical J. King, Occidental Chemical J. Ledvina, Vista Chemical R. Neugold, Occidental Chemical G. Phillips, Dow Chemical M. Scheck, Vinyl Institute SUMMARY OF ITEMS 1. NRDC v. EPA Peter de la Cruz provided an update and a review of the en banc hearing. He noted that a decision by the Court could be as long as a year away, but the 3-6 month range seems more likely. SPI-12441 The Vinyl Institute, A Division of The Society of the Plastics industry, Inc. ____ Wayne Interchange Plaza II, 155 Route 46 West. Wayne, New Jersey 07470, (201) 890-9299 VI Joint Legal/Health, Safety & Environment Meeting Minutes May 20, 1987 Page Two 2. SPI v. EPA Counsel reviewed the background of the case. On the subject of defini tional issues, counsel noted that the VI submitted suggested language in February, and a response from EPA was received in April. A Vinyl Institute task force subsequently met with EPA and Justice Department attorneys during May. Holbrook reviewed his discussion with EPA-Research Triangle Park staff earlier in the week of May 18th relative to the following definitions: exhaust gas, relief valves ducted to control device (flare) (noted that this is likely to result in a performance-based standard); EDC purification (which seems likely to result in the language originally proposed by the VI); and "leak". Counsel noted that the definition of "process unit" is being treated separately. The committee discussed whether or not to pursue the development of a numerical standard for RVD. REDACTED 4. SARA Section 110: Toxicological Profile on Vinyl Chloride Mrs. Scheck referenced the April 17th Federal Register notice on the toxicological profiles being developed by EPA. It was noted that the notice indicated contractors have been hired to develop profiles. Mr. Barton noted the importance of the peer review panels. Mr. Gellner agreed to chair Vinyl Institute task force on this issue. 5. OSHA Letter Mr. Luss xeviewed the letter recently received from OSHA regarding labeling and also noted the communication submitted on behalf of the Vinyl Institute submitted to RTECS. The group discussed further activity on the issue. Ms. Scheck noted that Dr. Gottesman has written to IARC requesting a meeting in July. The committee agreed with this approach and Ms. Scheck stated that the committees would be kept Informed of the substance of the meeting. SPI- 12442 VI Joint Legal/Health, Safety & Environment Meeting Minutes May 20, 1987 Page Three 6. TCLP Task-Force Ms. Scheck distributed a May 18th Federal Register notice that officially announced the reopening of the comment period for input on surface impoundments and modifications to the TCLP, as proposed on June 13, 1986 (51 FR 21648). Messrs. Ledvina, Holbrook and King commented on the availability of preliminary TCLP test results. Mr. Ledvina scheduled a task force meeeting for June 10th to develop additional comments. Ms. Scheck will call EPA following the close of the request-for-hearing deadline to determine whether EPA has scheduled a public hearing. 7. California - Proposition 65 Implementation The committee discussed the status of the implementation of California "Proposition 65" and there was consensus that this initiative should continue to be monitored for a determination of the potential impact on product resin. 8. Evacuation Triggers Mr. Holbrook agreed to follow-up with the CMA following the May 20th meeting of the CMA Air Program Coordinators and to inform the committee whether he believes any VI activity is appropriate. The committee discussed current plant-by-plant evacuation/notification programs and the interpretations of "otherwise federally permitted". 9. Submission of OSHA Citations Received By VI Membera/Customers To OSHA Mr. de la Cruz stated that he has not received any additional citations. Additionally, he noted that he is not aware of any that may have been sent directly to OSHA. 10. OSHA; Industry Labeling Practices Ms. Scheck distributed a chart developed with input from members of the Health, Safety & Environment Committee reflecting current industry practices on labeling. She noted that this supplants the July 1986 chart on the same subject. There being no other joint business, the meeting was adjourned at 10s30 a.m., with separate meetings of the two committees to be held immediately thereafter. Respectfully submitted. Meredith N. Scheck SPl-12443