Document KJ7pOw8DvQmQ89mJbVmRB42OX

SOCIETY OF PLASTICS INDUSTRY VINYL CHLORIDE-POLYVINYL CHLORIDE PRODUCERS ASSOCIATION MEETING WASHINGTON. D. C. OCTOBER II. 1974 Notes 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 Air Products Allied Chemical Borden Continental Diamond Shamrock Dow Ethyl Firestone General Tire Goodrich Goodyear Great American Action 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 C ompanv Hooker Olin Pantasote PPG Robintech Shell Stauffer Tenneco Union Carbide Corporation Uniroyal Action Filed for hearing May file in consolidation May file with SPI May file Will not participate Will not participate May file Has filed Has filed May file 2. Companies that do not want to be represented in the SPI action should inform Heckman 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 bas d on irreparable injury and an expedited hearing would be requested. ucc 007684 3. The court schedule might appear as follows: 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 OSHA 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 (?) UCC 007685 Other 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. SPI 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. 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. Lutz. NYO-28 Dr. A. B. Steele, NYO-28 Dr. T. T. Szabo, 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 THE SOCIETY OF THE PLASTICS INDUSTRY. INC. s73.R&Lt:i /ED2S0 PARK AVENUE NEW YORK, NEW YORK 100T7 212/ n M 1 N 1) T E S VCM and PVC PRODUCEKS GROUP R. N. WHEF' JR. Sheraton-Carlton Washington. D.C. October 11, 1974 11:00 A.M. Attendees: Anton Vittone, Chairman, B.F. Goodrich Chemical Co., 6100 Oak Tree Blvd., Cleveland, OH Raymond J. Abramowitz, Hooker Chemical Corp., River Road, Burlington, N.J. 08016 Ross Adams, Air Products, 656 Swedesford Road, Wayne, PA 19087 Edward R. Adwon, Continental Oil Co., High Ridge Park, Stamford, Conn. 06880 R. Craig Andrews, Diamond Shamrock, 1100 Superior Road, Cleveland, OH 44114 B.F. Aurelius, Shell Oil Co., 1 Shell Plaza,-Houston, Texas 77066 W.C. Becker, B.F. Goodrich, 500 S. Main St., Akron, OH 44318 Zeb G. Bell, Jr., PPG Industries, One Gateway Center, Pittsburg, PA 15222 Henry Bialecki, Olin Corp., 120 Long Ridge Rd., Stamford, Conn. 06904 Jerry Blizin, Hill & Knowlton, One McPherson Sq., Vermond 4 K Sts, N.W. Washington, D.C. David A. Bloomfield, Hooker Chemical Crop, River Road, Burlington, N.J. 08016 John J. Cassidy, Jr., Rep.-Firestone-Union Carbide, 39 S. LaSalle St., Chicago, IL A. W. Chambers, Hooker Chemicals, 345 Third Ave., Nlagra Falls, N.Y. 14302 Walter B. Connolly, Jr., Firestone, 1200 Firestone Pkwy., Akron, OH 44317 Harry Conner, Dianond-Shamrock, 1100 Superior Rd., Cleveland, OH 44114 B. G. Corbett, Robintech Inc., Forth Worth, Texas E.S. Elglh, Robintech Inc., Forth Worth, Texas Joe Fath, Tenneco Chemicals, Inc., P.O. Box 2, Turner Place, Piscataway, N.J. 08854 Miriam C. Feigelson, Rep.-Pantasote, 425 Park Ave. NY 10022 H.J. Fast, B.F. Goodrich, 500 S. Main St., Akron, OH 44318 R. Flenning, Air Products, 656 Swedesford Road, Wayne, PA 19087 J hn C. Floros, Great American Chemical Corp., 650 Water St., Fitchburg, Mass. 01420 D.H. Francis, Goodyear Tire 4 Rubber Co., 1144 E. Market St., Akron, 0^ 44316 N.C. Frost, Conoco, High Ridge Park, Stamford, Conn. A.W. Fuhrman, Great American Chemical, 650 Water St., Fitchburg, Mass. 01420 Joseph E. Hadley, Keller 4 Heckman, 1150 17th St., N.W., Washington, D.C. 20036 Ralph L. Harding, SP1 250 Park Avenue, NY, NY 10017 C. J. Heckman, Keller 4 Heckman, 1150 17th St , N.W., Washington, D.C. 20036 Mary-Ellzabeth Jacques, The Pantasote Co., 51 Weaver St., Greenwich, CONN. Jack Jaglom, Pantastoe, 26 Jefferson St., Passaic, NJ 07055 Flynt Kennedy, Conoco, P.O. Box 1267, Ponca City, OK 74601 Jim Kiss, Hill 4 Knowlton, 633 Third Ave., NY, NY M. Kleinfeld, Uniroyal Chemical, Naugauck, CT 06770 Milton Kline, Borden, 511 Lancaster St., Leominster, Mass. Cleveland Lane, B.F. Goodrich, 500 S. Main St., Akron, OH 44318 R.W. Laundrie, General Tire, One General St., Akron, OH 44329 L.D. Lenihan, Arthur, Day 4 Kalish, 1200 Sixth Avenue, NY, NY John R. Lawrence, SPI, 250 Park Ave, NY, NY 10017 D. H. Markusson, General Tire 4 Rubber, One General St., Akron, OH 44329 D. R. Martin, Goodyear, 1144 E. Market St., Akron, OH 44316 Marshall Miller, Reavis Pogue for Diamond Shamrock, 1100 Conn. Ave., Washington, D.C. E. S. Nuspliger, SPI, 250 Park Ave., NY, NY 10017 Anthony J. Obadal, Ethyl Corp., 1730 Penn. Ave., N.W., Washington, D.C. ucc 007687 / -2- Peter M. Phillipes, Covington 6 Burling, 888 16th St., N.W. , Washington, D.C. 20006 Daniel J. Plaine, Steptoe 6 Johnson, 1250 Connecticut Ave., N.W., Washington, D.C. 20036 John M, Quinn, Allied Chemical, P.O. Box 1057R., Morristown, N.J. 07960 R.J. Reynolds, Shell Chemical, One She11 Plaza, Houston, Texas 77024 W.E. Rinehart, Ethyl Corp., 451 Florida St., Baton Rouge, LA 70801 Mel Rosensaft, Great American Chemical, 650 Water St., Fitchburg, Mass. Robert H. Sand, Allied Chemical, P.O. Box 1057R, Morristown, N.J. 07960 K.L. Schurte', Conoco, Park 80 Plaza East, Saddle Brook, N.J, J.T. Sebastianelli, APC1, Five Executive Mall, Wayne, PA 19312 Arthur A. Smith, Robintech Inc., P.O. Box 2342, Fort Woth, Texas 76101 W.A. Sutton, Olin Corp., 120 Long Ridge Rd., Stamford, Conn. 06902 Matthew M. Swetonic, Hill & Knowlton, 633 Third Ave., New York, NY Frank Trunzo, PPG Industties, 1 Gateway Center, Pittsburgh, PA 15222 Pat Watson, Stauffer Chemical Co., Westport, Conn. 06897 David Weinstein, Borden Chemical, 180 E. Broad St., Columbus, OH 43215 Richard Weller, Arthur, Day 6 Kalish - Uniroyal, 1230 6th Ave., New York, NY R.N. Wheeler,Jr., Union Carbide Corp., 437 MacCorkle Ave., S.W., S. Charleston, W.VA. 25303 John W. Whittlesey, Union Carbide Corp., 270 Park Ave., New York, NY 10017 Raymond Wilkins, Ethyl Corp., 451 Florida St., Baton Rouge, LA 70801 Jim Williams, Dow Chemical, Abbott Road Building, Midland, Mich. 48640 Richard Zinner, Great American Chemical, 650 Water St., Fitchburg, Mass. Chairman Vittone called the meeting to order and requested that Mr. Heckman discuss the legal aspects of the OSHA Standard on Vinyl Chloride as published in the October 3 issue of the Federal Register. Mr. Heckman reviewed the current status of the Standard, filings of petitions to review the standard, and established the guide lines for further discussion of legal considerations. Mr. Heckman asked for a show of hands by companies that had any objection to SP1's filing the petition for review of the permanent standard in the U.S. Court of Appeals for the Second Circuit (New York). There were none. Mr. Heckman requested that any companies not wishing to be mentioned in pleadings as members of SPi, and thereby impliedly supporting its position before the court, notify his office by November 1. Mr. Heckman stated that the merits of the SPI position on the petition for review now include the following possibilities: a. OSHa has no substantial evidence to support the standard. b. Use of respirators not practical and burden to employees. c. impracticality of certain provisions in the standard. Other suggestions or points that might be included in the SPI position were made from the floor for consideration. These suggestions were noted but not discussed. Mr. Heckman indicated that the legal action might involve: Asking for a Stay (this would require the establishment of irreparable inlury to a company or companies). Asking for Expedited Briefing Schedule and Expedited Oral Arguements, Mr. Heckman requested that any companies not able to continue operations after ,January 1 1975 provide him with Affidavits establishing the supporting reasons as soon as possible. An informal deadline date of October 18 for receipt of such affidavits was set. ucc 007688 / -3 Mr. Vittone appointed the following to a lawyers subcommittee to work with Mr. Heckman on the SP1 position: Allan Topol - Covington and Burling Walter B. Connolly - Firestone Plastics John J. Cassidy - Rep. Firestone and Union Carbide William C. Becker - B.F. Goodrich H. J. Fast- - B.F. Goodrich Murry Whittlesey - Union Carbide James Murry - (Attended for Mr. Whittlesey) Public Affairs Mr. Lane discussed the necessity for continuing press and public affairs activities. A more specific program wll be developed by the PR Conmiittee. Other Matters Epidemiology - Dr. Ross Adams reported that he expects to meet with a bio-statistition during the week of October 21 as a possible candidate to conduct epidemiologic studies. Mr. Harding urged the need to gather data that will hopefully provide "... the answers that can put the arguments to rest." EPA - There will be a meeting of the EPA Subcommittee in Cleveland on October 25. Finances - Mr. Vittone referred to the memorandum on finances that was sent to voting representatives on September 27. He indicated that ten companies have not yet acknowledged the request for a vote on the expanded budget recotmnended by the Steering Committee (see attached). Adjournment There being no further business, the meeting adjourned at 2:45 p.m. J RL: j o Attachment John H. Lawrence Director of Technical Liaison ucc 007689 VCM and PVC PRODUCERS GROUP BUDGET Original Reconmended Addition Total Legal Research PK A.D. Little Meeting Expenses Totals $70,000 20,000 45,000 85,000 10,000 $230,000 $60,000 40,000 2,000 $102,000 $130,000 20,000 85,000 85,000 12.000 $332,000 ucc 007690