Document J3dGZx7349ZB08QD3Yrye2xK2

SOCIETY OF PLASTICS INDUSTRY VINYL CHLORIDE-POLYVINYL CHLORIDE PRODUCERS ASSOCIATION MEETING WASHINGTON. D. C. OCTOBER 11. 1974 Notea from the Meeting Health Research Group or Labor Unions have not filed for appeal of standard. The court action will concentrate in the Second Circuit Court of Appeals and will probably include SPI. Firestone, Union Carbide, and a consortium of Tenneco and others(? ). No requests for a stay have yet been filed. SPI is discouraging others from petitioning except in conjunction with the existing parties. Keeping the number of petitioners low gives more time per party in the oral argument. A poll of company intentions and actions regarding the standard is as ' follows: Company Action Air Products Allied Chemical Borden Continental Diamond Shamrock Dow Ethyl Firestone General Tire Goodrich Goodyear Great American Filed for hearing May file May file May file May file Will file if in the best interests of industry May file Filed for hearing Limited participation Will file, probably consolidating with others May file Will file with SPI ucc 007683 BFG61769 C ompanv Hooker Olin Pantasote PPG Robintech Shell Stauffer Tenneco Union Carbide Corporation Uni royal Action Filed for hearing May file in consolidation May file with SPI May file Will not participate Will not participate May file Haa filed Has filed May file Companies that do not want to be represented in the SPI action should inform Heclanan by November 1. The issues as seen by SPI for the Court action are: 1. OSHA has no evidence to support the levels imposed. No support for standard. 2. The standard violates the spirit of the Act in that it burdens employers and employees. Respirators are not feasible. 3. Some passes will be taken at other onerous provisions and the impracticability of some provisions. Air Products suggested that the standard was unrealistic with regard to economic impact and emergency "bail outs". Shell wondered about fire response in regulated areas. SPI - No part of the new standard is in effect until January 1, 1975. The present emergency standard remains in effect until January 1, 1975. The original SPI approach was that there was no basis for a stay based on irreparable injury and an expedited hearing would be requested. ucc 007684 *0 Cr! O 09 W 'O The court schedule might appear as follows: 3. File the record by October 29 Petitioner's brief due November 15 Government brief due December 13 Petitioner s reply brief due December 20 Oral arguments on December 23 Ruling thereafter^ ) The objective was to get a decision by January 1, 1975. The revised SPI position is as follows: 1. File brief by November 15 on expedited basis. 2. Request stay of execution on November 15 based on the following: a) One company has indicated shutdown of plant (UCC). b) Respirators, canisters, and monitoring equipment cannot be obtained by January 1, 1975. SPI will formally ask OS HA for a stay of the new standard, and on refusal will petition the Court. The stay is not equivalent to a variance request; i.e. , it suggests no alternative and is not one item but the entire standard. SPI will continue to press for an expedited hearing. A committee of attorneys was named to coordinate the case: 1. Jerome Heckman SPI 2. Allen Topol 3. W. Connolly (?) Firestone 4. J. W. Whittlesey or J. V. Murray Union Carbide 5. W. Becker or Harold Fast (?) T W S T O "^ UCC 007685 BFG61771 Qthe r Items 4. Air Products is investigating an epidemiological study by the University of N. C. to determine a safe exposure level of VC for humans. FDA - The prior sanction for PVC resins in food packaging is still in effect. The proposed interim regulation is still being polished and revised. Johns Manville reportedly gave FDA a method for extractable good for 5 ppb data. They are considering 1 ppm maximum in films to 5 mm (? ), and 10 ppm for pipe. FDA has power to regulate water pipe and is moving in this direction. SP1 provided FDA a 90-day feeding study date from Netherlands (10-10-74). The SPI - EPA meeting will be in Cleveland on October 25 at 10:30 AM. The proposed SPI VC public relations program is as follows: 1. Issue an updated background memo based on new standard, noting the inflationary effect, the lack of OSHA evidence, etc. 2. Develop press releases and feature articles as needed. 3. Contact Senators and Congressmen before and after the election to familiarize them with facts. 4. Have Team visit with leading media for editorial briefings. 5. Develop items on the safety of PVC products. a s s s to * ' ?: RNWheelerJr/ra October 15, 1974 Distribution; Mr. T. W. Carmody, NYO-21 Mr. J. L. Carvajal, 514 Mr. M. E. Eisenhour. 515 Mr. A. W. Luts. NYO-28 Dr. A. B. Steele, NYO-28 Dr. T. T. Ssabo, 511 Mr. B. D. Tissue. 514 Mr. R. W. Wesson. NYO-32 Mr. J. W. Whittlesey, NYO-46 Dr. N. L. Zutty, NYO-32 UCC 007686 BFG61772