Document Bvoj844BNb5k9vpaaEBDyrb4J

/ TO: FROM: RE: OFFICE MEMORANDUM Robert A, Bunda, Esq. im APR 5 1988 mm Marcia A. Haase Dendinger/Hallace PVC Litigation/ Sales Percentages of Defendants to Chrysler Per your request, I have completed the summaries of defendants Stauffer, Diversitech, Shintech and Schulman answers to plaintiffs' interrogatories and requests to produce documents and have computed all defendants' percentage of sales to Chrysler. Attached are three charts as follows: 1. Nine defendants we represent; 2. Our nine defendants plus Stauffer, Diversitech, Schulman and Shintech; and 3. Our nine defendants plus Stauffer, Schulman and Diversitech. J^\a February 2, MAH:em 3861-1 Attachments 1988 cc: Iteggy A. Wiipple, Esq. Marcia A. Haase privileged and "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060432 S <= So CO CO Period of Manufacture of PVC resin (Inter. 1. 2. 3, 5> <Shn<th 1, 2, 3) Stauffer 1966-1981 SUMMT OF DISCOVERY RESPONSES ftilntech 10/2/74 present A. Schiilnn Not Manufacturer 1967 rvc percentage; a) siapeneien b) eaeilston c) bulk d) solution (Inter. 4) 99* (95X begged, 5X bulk) IX begged N/A; see Inter. 2 response N/A kAsegant to 1967, changes in percentages: a) suspension b) (Miltlon <> bulk d> solution Stauffer * western facility did not ship preduct east of Colorado (Inter. 5) ms 1976 98X 95X 2X 5X 00 00 1981 cessed prociiction Manufacturing process of PVC suspension; never changed Tear of sale* of WC resin to Chrysler, (Pudiner eaposur* 8*9-6 to 10-80; Ifcllace esposur* 10-9-72 to 4-19-78) (Inter. 6) 1967-1977 no records 1978, 1979 no record*; believes sales occurred 1980 no record* 1967-1973 M/A 1974-1976 no Bales 1977 1978 no Bales 1979-1980 1967-1975 no sales 19761977 no sales 1978-1980 Voluoe <> -.lies o( PYC resin to Chrysler in lbs. > ' >t*l know* St this tie, see separate nert for breakdown of sales per year (Inter. 7) 3,020 3,517,650 363,522 Oiversitech Presently not Manufacturer first began 1954 100% suspension Never changed 1972197419771976 no sales 1978-1980 no sates 7,653,504 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" J Annual salsa to Chrysler, percentage of simpensfen, emulsion, bulk and solution (inter. 8) i Stauffer 1978 1979 h* Ur* -0- Emil -0Ur*. Shintech 1977 104,440 lbs. 1978 -0- 1979 361,820 lbs. 1980 2.971.390 tbs. 100* suspension A. Schulman 1976 1978 1979 I960 3,307 lbs. homopolymer 211,642 lbs. copolymer 88,184 tbs. copolymer 48,297 lbs. 2,205 lbs. homopoty 44,092 lbs. copolymer 100X eaulsion all four years Diversity 100* suapemi on Testing to determine concentration of JtVCM in pvC reain after manufacture <!nter. 9, 10, 16) Annuel sales to Chryeter, percentage of hoampolymcr, copolymer, terpoiyamr (Inter. 11) Yea; sonoamr testing done in 1966-1961; apecific teating reouita udram No racorda available; bel levee PVC reain told 1978 copol^aer; 1979 tales homopolymer Yte; testing program eetrtil Idled 1976; racorda of testing retained and available; typically show lass than five parts of AVCM par million 100* homopotymer No tasting conducted; sac Inter. 13 answer 1976 100* hemopolywer 1978-1979 100* copolymer 1980 (a) 2,205 lbs. homopolyer (b) 44,092 lbs. copolymer (c) terpoiyamr none Yea; testing dona in slur form for residual v.e. st Control Lab., Ashtabula; trace to ^proa. 1.000 f* RVOI In eturroga 100* haampolyamr Dates of marvfecture of PVC and shipment to Chrysler (inter. 1?) No records; believes sales in 1978, 1979 Sea attachaunt regarding shipamnt; amnufactura dates believed within seven days prior to shlpmmtt Oates of amnufactura unknown Shipment ffctes: 5/04/76, 3/08/78, 5/10/78, 8/09/78, 10/18/78 12/30/78, 3/22/79, 10/31/79, 2/29/80, 3/17/80 Within 30-90 <fcys; spec' records no longer awalti Notification to Chrysler that VCM hazardous or suspected carcinogen (Inter. 13. H, 18) Warnings on products fn 1974; lata 1970*8, no warnings required, PVC resin below o$HA trigger level; no other records available Vee; bill of lading centalnod warning; warning placed above unloading spout on rail cars; technical data sheet regarding reain Nova not fowl written notifi cation; 1974-VCM masrgsd as challenge plastics Industry; was wall known and pJbMcizad thru Industry; Chrysler should have known due to Ita amibar- ship In Society of Plastics Indimtry Yea; 12/2/71 - 1st MBS mllMs to Chrysler; revised 1973; available Chrysler, 5/75 "A tevle OSNA mid IPA Actions an Exposure to VC* sent to Chrysler; no written r* of Chrysler requests fc information first aware that VCM hazardous or suspeocl carcinogen (Intef. ' , 17) Will sieaplenent answer; tested PVC resin, deter mined level VC monomer PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" When construction began on plant; medical studies not perforamd to deter mine whether carcinogenic See answer to 13 and 16 -2- 1973; no steps taken Efforts in reduce concentration of RVCM in i'VC Mmanufactured <Inter. 19) Stauffer Subsequent to 1/67, improved process regarding VC monomer Name and address of knowledgeable eaployee (Inter 20) Conducting further discovery Records r sales of PVC to Chrysler from 1-1-67 to 12-31-80 (Req. 1) No records aval labia Records m sales of suspension, emulsion, bulk or -Mution PVC to Chrysler (Req. 2) No records available Records of sales of heawpolymer, cepol^eaer, or terpolymer PVC to Chrysler (Req. 3) Ho records aval table Records of size of PVC sold to Chrysler (Req. 4) Records o' results of testing for concent r.*' ion of RVCM (Req. S. ) No records available No records aval labia Material Safety Oats Sheets (Req. 6) Ho records tvaitable PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" Shintcch 1977 * installed stripper coluaa and nitrogen purgee; reaults; reduced amount RVCM releeaed drying process; finished resin tom grades RVCM reduced John J. Tonga 137 Basswood Lake Jackson. TX 77566 Business Adfress Shintech. Inc. 5618 East Highway 332 Freeport, TX 77541 Attachment behind Anew. 1 to Raqjasts for Production; discowary ongoing 100% suspension; see Inter. 4 and 8 answer Ail resin hcaupolyawr; see Inter. 11 answer, ettachaunt No. 3 to Request for Production Attach*ent Docuasnt Ho. 4 to Rosiest for Production Rq. S - Records available/ objection* attachment Req. 8 * Reqjest for Production Attachment No. 6 Request for Production *3* A. Schutman N/A N/A CjyertilccK Igrewd resin slurry and testing Josefh Mudd S. Crwafelew P.O. Boa 2032 Odessa, TX 79760 Ditto*t atiiait Request Production \ \ ucc 060436 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" O INDEX OF EEFOGITICN OF RC6COL NIOOIAS WHEELER Taken DftnmhPr 9, 1987 CASE: Mary A. Dendinger v. Chrysler Plastic Products, et al.r Case No. C87-7117 United States District Court for the Northern District of Ctiio, Western Division F&H FILE NO.: 3861-1 FASE tm 5-6 KBSCMKL: 5 Address: 2611 Putter's lane Melbourne, Florida 32901 Two Years 6 Prior Address: Charleston, West Virginia 6 Age: 65 6-7 mxxnsxtt Marshall university, Huntington, West Virginia, 2 years. 1941-1943 Virginia Polytechnic Institute, B.S. Chen. Eng. 7 No additional college credit courses. 8 8 3/15/1943 union Carbide Irstitute, West Virginia. 19 1947 - Production Supervisor, South Charleston plant, regarding solvent polymerization. 22-23 1958 - Reduction Head - eng. deelgn project, new process evaluation; lousiness, sooncmic analysis. 23-24 Area Superintendent. 29 1965 - Dispersion process. 30 1968 - deduction Manager/Bulk Nonsolvent Suspension. 61, 68 1985 - retired from Union carbide; has done some contract work for Union Carbide since in area of litigation, paid per diem. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060437 11-12 1, 1943-1944 - Gas analyst, primarily butadiene styrene; 2. 1944-1945 - Technical Ass't.; stymie Mfg. portion; 3. 1945-1947 - Production Sipervisor/Tach. Project work regarding solvent polymerization of V.C. using 'solution process. 9 9-10 Unicn carbide never produced PVC at West Virginia Institute. Union carbide produced FVC at: 9 1. South Charleston; 10 2. Texas City. 13 Not familiar with mcnoner recovery method used during 1945 and 1946 in emulsion process. 13 Regarding solution process: 1- Mcncner recovery method used was distillation operation; 14 2. Process still in use though modified about 1974: 15, 16 a. flash tank added after distillation oolunn approx. 1947, 15 b. doubled umber of distillation trays, 16-18, 34, 35, 87 c. sane testing done between 1947 and 1974; doesn't recall when or how; does recall methods of analysis net accurate during early years. d. prior to 1970, doesn't recall whether testing dene or* not. e. V.C. mmrmwr polymerized into PVC was 40-45%; 19, 20 _ 3. Polymerization process started about 1952; 19 4. Does net know whether customers provided with testing results after 1970 regarding EVC resin for V.C. moncmer content. 29 5. Only makes copolymers; does not make hanopolymers; 29 6. lower in molecular weight than suspension resin; 7. Soluble in many solvents. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060438 y \ 20, 21 Agrees: V.C. used for polymerizati.cn processes both acetylene and ethylene derived. 21 m- WO'i Union Carbide stepped manufacturing V.C. ; pMaAmwi it free Daw ClwnimT: 24, 25 Approx. 1960, Union carbide purchased suspereicn technology fran Walker Cheme, Federal Republic of Germany. 24, 25 Began manufacture of suspension PVC at South Charleston plant; used only few years. 25, 26, 33 Process transferred to Texas City plant; explosion at plant in 1977; not enough money made cn process to justify expenditure to replace. 27 somt processes suj.uu.cn vuryi presses. 27 29 1965 - Became involved in dispersion process. 29 Batch vacutm stripping operation used during dispersion process to ranove residual mnnrmer from resin. 30 1968 - Residual monomer removed from resin produced by A bulk/nonsolvent process by insertion of slurry into tank of hot water which boils unconverted monmer from polymer. 30, 31 Regarding: Size of resin particles produced in four processes: 31 1. Suspension polymerization process - 60 microns to 150 microns, 100 median; 31 2. Solvent process - 75 microns as median; 31, 32 3. Dispersion process - 5 microns in diameter; 32 4. Hcnaolvent bulk process - 60 microns; 32 Regarding: Porosity of four processes: 32 1* Etaulsion - fairly dense particle, but snail; 32 2. Solution - snowflake-like, very porous; 32 3. Ncnaolvent - very porous; PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -3- ijCC 060439 X \ 32 35 35 35 36, 37, 82, 85 39 39 40, 41 41 42 43 4. Suspension - large particle; porosity was problem. Regarding RVO! in resin prior to 1974 (relative terms): 1. Solution process - extremely low (2 or 3 pfm); 2. Dispersion process - doesn't recall ever seeing data; 3. Suspension process - quite high (1,000 ppm): a. produced hemepolymer primarily; b. do produce acme oepolymers. Agrees: Prior to 1974 A05IH had regulations regarding permissible exposure levels to V.C. whiA were lowered: 1. Doesn't know when lowered or how much; 2. Doesn't know whether customers informed prior to 1974 regarding ej^osure levels of humans to V.C.; 3. Prior to 1974, Union carbide furnished material safety data sheets to its VJC customers; believes responsibility fell under Itornarch and Development Dept. 43-44 43 44 Knows: 1. Dr. Deroehl - Associated Medical Director, Union Carbide; 2. Er. K. S. lane - was in Corporate Medical Dept., Union carbide; 44 3. C. P. Carpenter - Industrial Hygiene Fellowship, Mellon Institute. 45 Union Carbide hired Mellon institute to investigate effects of chemicals cn living organisms. 46-48,-53, 54 Results furnished union Carbide and published in Toxicology and pharmacology, 1966, by Soyth 6 Veil: "Chronological Oral Toxicity to Rats of Vinyl Chloride-Vinyl Acetate Copolymer." 49 Mellon Institute didn't provide any additional data after 1966 regarding toxicity of V.C. and its adverse health effects in humans. 49, 50, 51, 52 Does not recall manufacturing process used in 1966 when Mellon Institute prepared article; week done such earlier than 1966. \ PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" _._ UCC 060440 / 53, 54, 55 55 57 56, 57 58, 59, 60 61 62, 63 64, 65 64 64 65 66 67 67 71 71, 72 Mellon Institute performed a lot of testing for acute toxicity for skin sensitivity; has no knowledge whether results published? results indicate FVC resin inert material which had no generalized effect on animals or humans. 1966 - VCk aero-osteolysis - epidemiological study done due to EF Goodrich reaction cleaners identified as having this condition: ; .1 Mas Union Carbide representative in planning, coordinating study; 2. Union Carbide received report of study about 1969, published in series of three articles at University of Michigan by Desman around 1970; 3. Study failed to identify V.C. as cause of aczo-osteolysis; same study dene in Europe by Dr. leFevre; Europeans could not determine cause either; 4. Doesn't know whether this information passed on to resin customers; none had reactor cleaners. Has testified before regarding: .1 New Jersey personal lawsuit about 1978: a. involved carcinogenicity, b. employee of Amboy Terminaling Oatpany, c. plaintiff's attorney Levinson, d. deposition taken by Bitney, Harden & Kipp, near Newark, e. case settled. 2. Ohio lawsuit about 1984: a. involved aaqposure to FVC, b. plaintiff had progressive multiple sclerosis. Fuhlhlt ** - Tfrvaranc of Union Carbide to Plaintiffs' Reouests far Production of Documents. Told Union carbide where to look far documents regarding responses to requests far documents; viewed responses cne week ago. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -5- ucc 060441 71 72 73, 74, 171, 172 75 76 77 77 77 76, 77 77 77 77 77 77, 78 78 78 79 79, 148 80 Doesn't think supplenental documents provided today constitute ccnplete responses to document requests. Told Mr. Dovey that he should lock for additional documents. Early 1974, Union Carbide began doing residual mcncmer analysis on all bathes of resins sold; believes these would be responsive to request; originally kept records of vhere batches sold; hove sinoe been destroyed. Doesn't know whether these results furnished Chrysler. Believes Union Carbide answers to interrogatories ccnplete and accurate; when answered. Union carbide bulk process discussed, not bulk process in general use at that time. Explanation of Unicn carbide's nonsolvent/bulk process: 1. low convention continuous polymerization process; 2. Stripped of free monomer by boiling in hot water; 3. Resin particle relatively snail, extremely porous. Has depression of ncnsolvent/Bulk process of others: 1. Two step batch process; 2. V. C. monomer converted to about 90%; 3. Free monomer renewed by vacuum operation; 4. Particles larger, more dense than Union Carbide's. Never discussed health effects of V.C. exposure with Chrysler; doesn't know if anyone else did. Agrees: Union Carbide started cuumarcial production of solution IVC resin in 1933. Union Carbide started bulk process about 1936; started emulsion process about 1942. Doesn't know if Union Carbide made technical changes in KVCM xeccwexy prior to 1974. Regarding changes made: 1. Vacuum stripping systems installed 1967 or 1968 created second string step in production operation vhich reduces residual monomer; never furnished with data as was before his time as production manager. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060442 81 81, 82 82, 83 83-84 83 83 83 83 84 84 84, 85 85, 86, 87 87 87, 88 89, 90 90, 91, 148 91 91 92 2. Additional dryer time reduced volatiles, i.e. reduction of unconverted free moroner? doesn't have )cnowledge of testing. 3. Air blown into resin bins which swept residual mortemer out of resin. After 1974 hanopolymer mwiher resin significantly lower, 500-800 ppm as opposed to 1,000 ppn before 1974. Texas City storage: 1. Resin dried, put into bins which were screened; 2. Placed next in ship containers; 3. Stored cn dock up to 28 days; 4. Deck loaded cn tanker; 5. carried to Perth Anfeoy where stored in storage yard. Beg resin stored in warehouse when in danand; then warehouse stock depleted, boxes were taken from storage yard, additional resin bagged for warehouse use. Texas City shipped RAC resin in bulk and bag. Mid-1970's, RVCM content in___ NBVfMPproduoed in Texas City; City Quality Control laboratory. for Unicn carbide data reported by Texas _ resin process shut down at time of esg&osian at Texas City; not enough profit. process production cut to 80,000,000 lbs. in 1980; Uiicn Carbide still manufactures product today. 1981 article does not accurately describe suspension polymerization process utilized by Union carbide in 1977 as union carbide T1 out Agrees: V.C. is neither absorbed nor adsorbed by IVC. Agrees: RVCM is a gas encapsulated by solid IVC particle. Residual V.C. monctner content of various types resin made by suspension process varied widely. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -7- ucc 060443 \ 92 Increased porosity not a 90a! of aeration; goal was to sweep away V.C. monomer. 93, 94 1974 - technology regarding reduction of KVOI content in suspension produced resin available to everyone in industry. 95 Fran personal knowledge, would say no connection existed between human health and V.C. prior to NiosyGoodrich report of angioearocna in early 1974. 96 Has aware of Viola's work in 1970 and 1971; passed information along to superiors at Union carbide. 96 Has surprised high dosage of 30,000 pfxn given rats for Viola study didn't kill them. 97-99 Plaintiff's not same paper as seen by witness at meeting in Texas; has seen since then. 99, 100 In 1971, knew reports where alterations in skeletons of workers exposed to V.C. existed; knew nothing about alterations in nervous systan or hepatic function then. 101, 103, 104 Plaintiff's identified as Viola report given at Texas mooting; personally did not attend; has copy received at \ general industry meeting of Manufacturing Chenists Association. 96, 102 Agrees: 1971 - knew Viola study showed 65% of rats exposed to V.C. dosage of 30,000 ppm developed skin tumors. 102, 103 States: If article says type of career being developed by rats was either epidermoid or auooepidennoid carcinonas, then he saw it; is not knowledgeable Shout neoplasms. 103 Also saw section regarding site where tumors located as being region where subimaxilary and carotid gland located. 104 Does not know whether Union carbide made attenpts to notify customers or Manufacturing Chemists Association mooting in 1971 of Dr. Viola's study. 104, 105, 111, 112 Plaintiff's Exhibit 7 - identified as Viola article received by him about 1973. 105 Agrees: Union Carbide representative met with Dr. Viola in 1971; article appeared in maseartfi in May, 1971. 106, 107 After learning of Viola's work, Union Carbide concentrated its efforts on determining whether V.C. exposure was cause of cancer in humans. 107, 197 His opinion: Exposure to V.C. causes hepatic angiosaroona. V PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -8 ucc 060*44 108, 109 Plaintiff's feavftvifr f, - identified as Wheeler memo to Union Carbide associates dated 11/23/71 regarding results of Manufacturing Ommists Association called because of Viola paper? memo was not intended for circulation outside Union Carbide; Union Carbide trould take lead in toxicity testing of V.C., in getting funds to get program off ground. 109, 110 Mbdd discusses results of Viola's work based on Viola's paper presented in Houston and his impressions of others' iiput at mooting. Ill, 112 At time memo of 11/23/71 written had not seen Plaintiff's Miibit 7. 112 Explanation: Had seen original Viola paper and word of mouth transmittal heard occcndhanded frean various people at time 11/23/71 maao written. 112, 113 Although article available in 1971 to Union Carbide and him, and he referred to it, cannot say actually had paper in hand. 113, 115 11/23/71 mano regarding urpublishad data refers to information obtained when Viola came to Washington, D.C. 5/71 to meet with Union Carbide's Dr. lane and other medical men. 114 Agrees: Unrecorded data contained in 11/23/71 anr> regarding \ tumors in rats shows concentrations substantially less than 30,000 ppm. 115 Agrees: Data above 30,000 ppo available previously? data below 30,000 ppm not available. 115,116,117 jjg^gjij|H55ESHSER3 115, 116 116 116 116 117 117 Doesn't think he saw second Viola article before 5/71 meeting. riftMiMUaKteUed. was tg r,, StMMHttaiftJUbitei states. States reason for meeting was to try and decide what Viola had seen and what sort of problems might arise from that. Personally has never met Viola. Does not know what steps lkiicn carbide took towards its customers after obtaining Viola published and unpublished data. Has no knowledge as to efforts union carbide made to notify OSHA of Viola's published and unpublished data. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060445 118 States: Up to about 1974, QSHA had a 500 ppm limit for employees exposed to v.c. 118 States: Industry met with Dr. MarooG Key in 1973 to review inforsaticn we had and ongoing program regarding testing. 118 Didn't diarlor.f* viola unpublished data or Dr. LeFevre's information to Dr. Key in 1973 as had additional data at that time. 119 11/23/71 portion of uoo regarding jpedane fcchlame that arise should Viola's node be published in fkritert states reiterated; admits authenticated same. 120 Didn't receive criticism frm Union Carbide supervisors regarding his positions in 11/23/71 memo; received support for 4 . toxicity testing program. 121 Agrees: These were Dr. XeFevre's theories in 1971: 121 1. Informed MCA Romanian work showed 10% liver enlargement, as well as acro-osteolysis; 121 2. Indicated workers in Spain shewed unnatural weariness possibly indicating liver involvement; 121 3. Had seen lesions in knees and pelvic area of back; 122, 123 As result of meeting with Dr. Viola, Occupation Health Ocnmittee of Manufacturing Chemists Association dealing with Union carbide formed; was chairman. 123, 126, 124, 132 125, Plaintiff's FMiibit 8 introduced - confidential internal memo written by Wheeler to Unicn carbide associates dated 7/19/73 regarding NI0GH meeting he attended on July 11, 1973; agrees: wrote donmerit and signed sane. 127 Agrees: Generally known data was to be provided to NI0SH; were to review everything known \%p to the date of the meeting. 127, 128 Doesn't nmmher vhether Dr. LeFevre data received in 1971 furnished to NI06H in 1973. 128, 129 Recalls Dr. Rowe and Or. Duffield going into everything known up to date of meeting with NIOSH. 130 States: Vtiile Dr. Viola ocranissicned to study aero-osteolysis, discovered link between V.C. exposure and cancer in rats; purpose of study was to study possible causes, make connections between V.C. and acro-osteolysis. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER*' ucc 060446 131 Could find ait nothing about Dr. Maltcni's toxicity work until Dr. Duffield cane over in 1973. 131, 132, 133 Dr. Duffield ecployed by Imperial Qiesnical Industries, a European IVC manufacturer. 132 Representatives attending NICGH meeting 1/11/13: 132 1. Ethyl corporation, FVC manufacturer; 133 2. Union Carbide FVC manufacturer; 133 3. Manufacturing Chemists Association * is industry trade association; refused to participate in lobbying; 133, 134 4. Doesn't know whether Mr. Baracknan present at mooting. 134, 135 To his knowledge, na,it not provided for distribution t 135 7/10/73, did regarding 135 136 137 138 138, 139 139 139, 140 140 Personally didn't tell anyone about Dr. Viola or Dr. LeFevre studies as of 7/11/73. Was aware of articles connecting V.C. exposure to aero-osteolysis in 1967; aware of articles regarding disturbance in liver function among V.C. workers in 1971. States: Wheeler Exhibit 7 and 8 were incorporated in his files at Union carbide; doesn't know if they exist in Union carbide files. * Health Oomnittee. ; was not part of Occupational Believes ell FVC manufacturers participated in task force. Mule industry invited to meeting with Dr. LeFevre; meeting of Viola attended by nail cjmjp, not sure Who - foows Dr. Lane, Union Carbide present. Has no knowledge whether Viola information distributed to other United States V.C. manufacturers in 1971. Regarding: EVC industry's awareness of Dr. Viola's and Dr. LeFevre's work in early 1972: PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060447 140 1. Was chainran of ccmittee formed which needed $350,000 for research; 140-144 2. Believes every member in industry told so they could contribute. 144, 145, 146 Exhibit 9 - attended meeting discussed in exhibit; doesn't knew where document came frem; has no nanory of seeing before. 146, 147 States: Lower residual levels brought on by connection of V.c. with angioearcara. 147 Isprovanents in monomer stripping technology occurred somewhere between 1975 and 1981? has no knowledge what these improvements were as Union Carbide out of the business. 148, 149 148 Union Carbide performed testing in 1977 or 1978 regarding: 1. Heat accelerating escape of \jjVC mnncmr to ambient air; 148, 150 2. Amount of residual monomer lost in bulk oontainer. 149, 150 149, 150 'Testing performed about same time as Union carbide able to reduce KVCM concentrations in suspension resin? cannot be esact as to what happened first. v.c.States: oases out of resin more readily tAien product porous? Union carbide was able to make more porous suspension product to seme extent. 150 Changes happen slowly; is process development. 151 Prior to 1977 and after end of 1973, Union carbide conducted tests regarding rate at tftiich suspension resin lost residual mcnoner. 152 Agrees: In FVC fabricating plant probable exposure to VC mrrrmar would be first looked for in area where SVC heated, i.e., dry blending step. 152, 153 Regarding: Union Carbide fabricating plants in Bound Brook, New Jersey and Ottawa, Illinois: 153 1. Doesn't know whether ambient air monitoring done prior to 1974; 153 2. 154, 170, 171 3. Doesn't remaitoer seeing data regarding ambient air monitoring; 'Maks epidmieAogiaak-mBe^dmwsfrBeand^flnak; doesn't know who did or results. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" .^_ nCr 06044ft 154, 155 Exhibits - Answers to Interrogatories: Regarding: Response to No. 6: Has never noticed difference in RVCM content between Tem, VUtt end VMCH. 155 Professional organizaticns/meBberships Union Carbide involved with: 1. 156, 159, 160 2. 159, 160 160 American Institute of Chaaical Engineers; Resource Counselors; member about 1974-1978: a. with om regarding |iy` ^ of V.C. standards in 1974, b. members were fabricators or manufacturers of FVC and/or V.C., 160 156, 157 c. doesn't know whether Chrysler a member. 3. Polyvinyl Chloride Fabricating Industry Steering Comvittee formed about 1974: 157 157 157, 158, 159, 173 a. members consisted of FVC fabricating industry and FVC resin industry members, b. doesn't taow whether Chrysler even on committee. c. ocnmittee hired MDSMkBBh about 1974 to conduct proportional epidemiological study of mortality in PTC fabricating Industry; doesn't feel competent to rtibcuss results; Chiazze informaticn available to everyone through publications. 161 162, 163 d. Society of Plastics Industries VCM EPA Tech, comittee: (1) group did discuss their experiences with V.C. at time of OSHA hearings on proposed standards, 162, 163 (11) doesn't recall then taking a position to support anybody, 163 (ill) Chrysler was not participant. 164 Thirty or so resin manufacturers were monbers of MCA Vinyl Chloride Technical ccnmittaa; doesn't know of any EVC resin manufacturers who were not. 165 Research program subcommittee oantdssicned: 165 1. Long term inhalation study of V.C. In rats and hamsters; work done by Industrial Biotest; PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060449 165 2. Metabolism study by Dow; 165 3. Epidemiological study by first Tfcbershaw/Cooper and believes Equitable Eftvircnnental Health Associates; 166 4. All of their research made public in journals when acspleted. 4, 166 No other studies in the industry, trade organizations or associations done which were not Bade public. 166, 167 167, 168 GC used vtoan testing Union carbide batch of resin for EVCM started in 1974; has no idea of cost per test. Answers to Interrogatories - No. 17: 1. Papers referred to publicly available; 168 of liver; fiaefc am Ml IMf > 168 3. AU 168-169 Epidemiological studies reports done at South Charleston and Texas City were not published. 169-170 170 Study revealed nothing of narked significance; regarding statistical significance, would need to review; had copy which he transferred to NMMMIMhen retired. Doesn't )oxm if Chiazze work included Bound Brook and Illinois fabrication facilities. 173, 174 To his knowledge, no one ever contended that any angiosarcoma mrrocT arose at Bound Brook or Illinois facilities. 174 the M* 174 Doesn't know when MaifeMM* Union Carbide attorney, last oployed. 175 Plaintiff'* Exhibit ip - letter to OSHA from John Whittlesey dated 3/5/74; letter attachment from John Whittlesey to Office of Standards dated 12/12/73. 176 Quite sure has seen before; was not furnished in response to request for production of doamants. 176, 177, 178 Believes document speaks for itself regarding Union Carbide's position regarding OSHA's enactment of toiporary emergency PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 060450 standard governing manufacturing of FVC and V.c. exposure of less than 200 ppm reocnmended by ACGIH. 178, 179, 186, Plaintiff's Exhibit 11 - Letter fran Wheeler to OSHA dated 187 March 7, 1974 enclosing Union Carbide's position regarding work practice for V.C. resin manufacture; wasn't produced pursuant to drjnument production request as had forgotten about it; was part of Union Carbide input to OSHA hearing presented by Richard Hughes, Union carbide Vice-President. 179, 180 1. Page 3 - Itao 1 - trying to find work practice acceptable to JVC industry and Union Q&rbide; solid mixtures refers to FVC? 180 2. .1 percent translates to 1,000 ppm. 181 Page 4 - Item 4 (a) - was trying to cone up with practice acceptable to industry and Union carbide; felt 50 ppm on time weighted average safe level. 181-182 [R. A. Bunda's objection to question whether Union Carbide's position concerning OSHA regulation regarding V.C. should apply to every person exposed to V.C.] 182, 183, 184 Page 8 - No. 8 - Union Carbide believed each enployee exposed to V.C. should be told of hazards, precautions; tii map lyrfMWfr ~ 184, 185 Wien OSHA issued V.C. standard, Union carbide position changed. 185, 186 Although studies done in 1973 and 1974 could have been ocunissicned 5-10 years earlier, there was no indication they were necessary then. 187, 188, 189 IrtM I't know whether Chrysler received; doesn't know if any information furnished earlier. 189, 190, 191 - Identified as proposed warning label tot bagged HflC products far use by Md before BF Goodrich incident; Iffiifiwr 191 iryjiiiNi 191 191, 192 Doesn't know of ary dust mask or respirator designed only to prevent dust inhalation which can prevent inhalation of gaseous V.C. ^-WHpXC 13 -- 'flUlnB^IdlLnlIsieaU>iI PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 080451 193 193 193, 194 194 194 194, 195 195, 196 196 196 196, 197 198 198 198 198, 199 199 request; introductory letter ewers work c&cre in Union Carbide laboratories; attachment is section "Vinyl Chloride itonaner Threshold Odor Concentration in Air" written by Wheeler. Test results at Union Carbide South Charleston laboratory determined normal odor detection level of VO! at 2,000 ppn. BP Goodrich information determined later that people routinely exposed to V.c. often couldn't detect its proaonor below concentrations of 4,000 ppm. Agrees: Testing at end of document done at Union carbide's Texas City facility? date of report May 21, or 22, 1974. Sane testing of type reported on these tables was done prior to 1974 regarding exposure of reactor cleaners at Texas City' and ` South Charleston about 1970. Tasting done because acro-csteolysis study didn't connect or disconnect v.c. from exposure to manner. Did testing to insure people working inside reactors exposed to 50 ppm or less as was reccmnended by MCA Occupational Health Ocranittee study? received results of study about 1969. Union carbide did not pass this information on as was manufacturing problem, not problso. Plaintiff'f 14 ~ identified as addition to Union Carbide testimony at 06HA hearing. Plaintiff's Exhibit iff - identified as Dr. Demeil's testimony on behalf of Society of Plastics Industry to 0SHA hearings. Plaintiff' Exhibit ifi - identified as information given Dr. lassiter regarding methods of monitoring V.C. concentration in work space air. Regarding section of docuaent called "Control and Recovery of V.C. Buiesions," written by ttoeeler: 1. Believes subparagraph 1 as written too broad; 2. Do nc& make off grade product all the time. Plaintiff's Exhibit 17 - identified as document seen previously containing proposed V.C. standard; was added to OSHA hearing input. Agrees with statement, page 11, that single teaspoon full of liquid V.C. introduced into normal sized roan enough to cause present tenporary standard to be exceeded. - 16 - ucc 060452 199 199, 200 200 ,200 201 201 201, 202 202 202-204 204, 205 205 205 205 205 205, 206 Plaintiff's. &thibit 16 - identified as additional input to OSHA at V.C. standard meeting* Plaintiff's Exhibit 19 - has no knowledge of subject or arything about it. Not surprised that tests run at Bound Brook cn V.C. showed van boxes used to deliver resin had concentrations of 2,450 ppn; were not work areas. Does not recall testing showing operator exposure of up to 175 ppm \4iile sanpling. Plaintiff's inhibit 20 - identified as inocnplete copy of material submitted to 0SA as supplement to V.C. hearing. Plaintiff's Exhibit 21 - union Carbide addition to OSHA hearing. Plaintiff's Exhibit 22 - union Carbide addition to OSHA hearing. [Discussion regarding documents produced during deposition by plaintiff not provided by Union Carbide in respnnse to request for production of documents other than Fbcbibits 2 and 3.] Plaintiff' s Jbdiibits 23 and 24 - both identified as irput to 06HA to secure interpretation of OSHA V.C. standard: 1. Exhibit 23 - letter dated Hay 9, 1975; 2. Rdilbit 24 - two letters: a. dated February 24, 1975, b. dated ppmerrher 2, 1974. 'm smmmm'mtiy <hta states M5D sheets modified 207 207 Plaintiff's Inhibit 2$ - two docwmnts provided by Chrysler regarding solution polymerized V.C. copolymer resire and solution polymerized copolymer resins. IJ. Pltfermow: 1. Terpolymer - 004-029; 2. Copolymer - digits 004-002. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060453 X 208 Believes MSD sheets provided toy Union Carbide to customers for resin inversions between 1971 and 1981 versions* 2 OB Has no specific knowledge tout believes product literature presided toy Union carbide to resin easterners before 1974. 209 Regarding Dthibit 17 - funding far research: 1. Snryth study * Union carbide; 2. Bast dene through industry oemnittaas, at NA or Organization Rosourceg Counselors. 211 Difference between ppm by weight and ppm toy volume. 211 1. ppm is gravimetric determination; usually done on solid or liquid; 211 2. ppm by volume is usually gaseous. 211 ppm of resin refers to ppm by weight. 211, 212 Air sanple or gas sasple referred to as ppm by volume. > 212 212 Two terms are not interchangeable. Has been told by those doing research of the difficulties extrapolating aniral data in relationship to effect on humans. 213, 214 Regarding translation of figures for residual V.C. monomer from ppm lay weight to ppm by volume. 214 Caseous material with high molecular weight converted to weight percentage would show up a mx\ higher figure on ppm toy weight basis. Viaase\depos\>#ieeler.pvc - 18 - PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060454