Document LgO3DnO8m65OMY23baYp8MmJX
UK ION CAI1B1DE COHPOHATION 2 7 0 P -A. H K AVE X T.J E ATEV YORK, K- Y. IOOIT
BY HAND
September 12, 1974
Office of the Secretary Consumer Product Safety Commission Washington, D.C- 20207
Gentleman;
Xn response to the Subpoena Duces Tecum and Special Order issued by the Consumer Product Safety Commission in conjunction with its investigation' into the extent of consumer exposure to vinyl chloride in,, .pressuris-ed products and served upon Union Carbide Corporation on August 30, 1974, returnable on September 13, 1974, we submit the following;
1. Documents numbered 01 'and 02 in accordance with Item 1
2. Document numbered 03 in accordance with- Iter 3.
3. Documents numbered 04 through 07 in accordance with Item 4.
. Pursuant to the telephone conversation had on Tuesday, September 10, 1974 by Prank R. Lyon, Jr-, General Counsel,- Union Carbide'Corporation with David Schmeltzer, Assistant General Counsel, Consumer Product Safety Commission, our submission reflects a search of our records back through 1971 only, which is the period called of in your earlier requests. Since all prior records are in storage in,Vermont, the retrieval and assembling of the information contained therein would entail a considerable expenditure of time and effort. Due - to its age, we believe the resulting data would not be very reliable or helpful to the Commission over and above the records submitted herewith.
bland/ucc
Office of the Secretary Consigner Product Safety Commission
2
September 12, 1974
Please note that the material submitted contains confidential commercial information and is exempt^ from d is clo starsounder the Freedom of Inf ormation Act S U-S -C-A. 552 (h^/. We accordingly ask that you preserve its confidentiality.
If you have any ^neati-ons or need of further . information, please contact the undersigned, at 212-551-2271 -
Very truly yours,
FAN: sb
Enclosures
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BLAND/UCC 706
^ Customer List
01
Customer Name
Aerosol B-esearch Labs., Holbrook, Blass.
Accra-Fac, Inc., Elkhart, Indiana,
American Jetway Carp. , Wayne, Michigan
Bristol Myers, Stamford, Connecticut
Carson Chemicals., New Castle, Indiana
Chase Products, Braed View, Illinois
. Contract Filler Contract Filler Contract Filler Marketer Contract Filler 'Contract Filler
Crown Industrial Prod., Hehron, Illinois 'CFC, Berkeley, R. I. Denniston Chem. Co., Wheeling, Illinois Demert & Dougherty, Coal City, Illinois
Contract' Filler
Contract Filler
Contract Filler
Contract Filler 5* Marketer
E. A. Thompson Co.,, Hollister, California Fuller Brush Co ,, Albany, New York
Contract Filler
Contract Filler & Marketer
Hysnn Corp., Chicago, Illinois Jet Aer, Inc.,- Paterson, New Jersey LPS Research Labs., Inc., Tucker, Georgia
Contract Filler Contract Filler Marketer
Morris Paint & Varnish Co., E. St. Louis, Mo. National Spray Can, Elizabeth, Blew Jersey Paula Payne Prod., Charlotte, N. C. Plate, Inc., St. Louis, Missouri Red Devil -Paints, Mount Vernon, Nsw York
Marketer Contract Filler -Marketer Contract Filler 'Marketer
Rustoleum Carp., Evanston, Illinois
Marketer
Shield Chemical Co., Canton, Mass, and Piscataway, N- J-
Contract Filler
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\ Customer Name
Spray Chemical Co., St. Louis, Missouri
Sprsyon.Products, Anaheim, California & Bedford Heights, Ohio
' .
Whitmire Research Labs., Korkwood, Mo.'
Type
Contract Filler
Contract Filler & Marketer
Marketer
NOTE: tte assume all our customers are subject-to the Federal Hazardous Substances Act-
-2-
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Duration of Sales of propellants Containing; Vinyl Chloride by Union Carbide
Initial Sale
Approximately January, 1962
Final Sale
Approximately December, 1973
BLAND/UCC 709
c. ;CJ r,-
%
.lached distribution
UNION CARBIDE CORPORATION
CHEMICALS & PLASTICS DIVISION'
FOR NFW YORK OFFICE
REPORT OF CALL
K. X Nida By.
--^
P a I e;,,LQ12.h/TLAm
Full Name A ddreis
- -MfrS.-of `
Credit Oupl.
TecK. S of vice Lob,
SpcC*ol Wort Rs^uojled C3
Chemicals At^T-lg,
` C-3
Chonje Mailing L5sl
t--j
DeMERT & DOUGHERTY Chicago, Illinois '
-- - ,-
1 Inlerviev/ed (Gire full names and titles] Mr. Rbbert Drell, Asst, to President Mr, Hay Hingwald, Mgr. of Industrial
i , Sales
* `* - .
tc Pofidiis Con. I
w uh^.w I
If i;<quilcd
__ ,,
Calledwith E-.PL Porter.. , '.' . Propellants
,i
Meeting the competitive offer from Kaiser of >22% discount, net 30 days, has
ensured .oar contract commitment of 3. 75 -MM lbs.- through 1972. ^ I have^ also asked for their incremental increase-in business for 1972 which couldamount to an additional .5-1 MM lbs. of propellant.- We learned that /, Kaiser's offer -included maximum price protection through 1973 'with a . . contingency for negotiation, .through 19'74. Pot this X estimate their share ... at 5 MM lbs. Allied & TICC share the balance of their 11 MM lbs. re- ' . quirement eaually at 3 MM lbs. annualized. Allied has not met the muxdrnuro price'for any period of time at this date. ' j, . , -
Enright
The Ontario/ California location usage was 1.1 .MM lbs, aidatest tally. -
They do not`pay a differential for propellant or alcohol delivered to he
West.Coast. . ;;
/ ' / '.
The new projections for deliveries for each location, is as follows.
"Chicago & Coal City'-,.7 T/T per month " 'So.' Plainfield, N. J. ' .. 1. 5 T/T per month _
M.B. OSO
'W
Lornp'. nfo.
Almost" all of the products shipping to South Plainfield ^ill be propellant A
Chicago and Coal'City will be 75% Prop. A, 10/o 12/11 50/50 10^ 12/VC 6A
and balance of miscellaneous blends. This represents a toml oi 101 iann-
wagons for the year 1972.
i
.Continued
BLAND/UCC 711
v Cus torn ex
Red Devil paints
Sprayon Products
Location
Mt. Vernon, N-Y.
Bedford Hts.,Ohio & Anaheim, Cal.
Thous anas of Lbs.
~ '71
'72
* 7/ ^
0 58
0
1505
IS 04 '
1S80
Jet .Aer
Paterson, N.J.
20 47
19
Bristol Myers
Stamford;, Conn. '
2 15
682
132
CPC International
Berkeley, &.I.
0 - 21 `
IS
Shield Chemical Co,
Canton, Hass. & riscataway, N.J.
1411-
1645,
1269
Morris Paint & Varnish
E. St. Louis, Mo. .
87
0 ''
27
Aerosol Research Lab.
Holbrook, Mass.
100
182
29
Accra-Pac Inc,
Elkhart, Ind.
0 0 24
American Jetway
Wayne, filch.
. 114
88 29
.Crown Industrial Prodts. .Hebron, 111.
G 162
0
Demert & Dougherty
Coal City, 111. 53 73 . 57
Dennis ton Chemical
Wheeling, 111.
0 2-5
60
Hysan Corp..
Chicago, 111.
240
0 ' 15'
LPS Research
_ Tucker, Ga-
0 ' 277
344
Rugtoleum Carp.
Evanston, 111.
1659
890
0
E. A. Thompson
Hollister, Cal.
19 `24
28
Fuller Brush
Albany, N.Y1.
692
336
0
Spray Chemical
St. Louis, Mo.
'59
0
0
Whitmire Research Chase Products National Spray Can Carson Chemicals
Korkwood, Mo. Broadview, 111. Elisabeth, N.J. New Castle, Ind,
IS 53 30 33
0 0 00 o. 0 00
BLAND/UCC 713
CONSUMER PRODUCT SAFETY COMMISSION WASHINGTON, D.C. 20207 I
Ri'ta Ann Ninivaggio Wyatt,
union Carbide Corporation 270 Park Avenue New York, New York 10017
Esq*.
|
j
j
Dear Ms. Wyatt:
,j
By letter dated May 28, 1974, the Commission requested certain information regarding vinyl chloride monomer.
On July 8, 1974, you responded to this request by stating that you would only reveal such information to those persons having the legal right to it, an<3 that if legal authority were demonstrated, you would be more than happy to SUPPLY it.
The information requested will be used to assist the Commission in assessing the extent of: consumer exposure to vinyl chloride in pressurized products1' and in informing the public about the products containing vinyl chloride. ' This use is consistent with one of the statutory duties of the Commission under section 2 Cb) of the Consumer Product Safety Act (15 tr.S.C. 2051) to protect the public against unreasonable risks of injury associated with consumerjproducts. Since
Union Carbide manufactures an ingredlentj of a consumer
product, it is a manufacturer of consumer products because section 3(a) of the Act (15 U.S.C. 2052 (a)) includes component parts in the definition of the term "consumer product. "
\
The Commission has the authority to! require that Union
Carbide supply the' information requested1. Under section
27(b) of the Consumer Product Safety Actj (15 U.S.C. 2076(b))
the Commission has the power:
!
i "(1) to require, by special or general orders, any person to submit in writing such reports and answers to questions as the Commission may prescribe; and such submission shall be made Within such reasonable period and under oath or otherwise
714bland/ucc
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2- -
as the Commission may determine; ( I
{2) to require by subpena the attendance and
testimony of witnesses ana the production of
all documentary evidence relating to the
execution of its duties*"!
j
Further, the Consumer Product Safety Act provides for
sanctions against manufacturers who fail]to comply with the
Act's provisions* .Section 19(a)(3) of the Act (15 U.S.C.
2068(a)(3)) makes it unlawful for any person to fail to make
reports of provide information required lim&er the Act*
Section 20(15 U.S.C, 2069) provides for ,the imposition of
civil penalties .against any person who knowingly violates
section 19, and section Zi (15 u.s,C. 2070) provides for
criminal penalties for knowing and willful violations of
section 19.
[i
Accordingly/ to avoid the necessityjfor the utilization
of the mandatory means of obtaining information available to
the Commission, ve request that you submit, by the close of
business of August 26, 1974, the following information
regarding propellants which contain or have confained vinyl
chloride monomer t
j
j
1. A list of customers to whom you I Sell or have sold
propellants containingvinyl chloride. This list should
include corporate names and addresses (individual contact if
known) of all customers within your historical records or at
least the last 3 or 4years.
j
2. A breakdown of those customers,|if available, by
custom (contract) packers and packers marketing under their
own label. I
3. Identification of tho.se customers who market consumer
products subject to the Federal Hazardous Substances Act
(Sections 2f, 2p, 2q, copy enclosed)-
j
4. A statement of the approximate date (month and year) of your initial sales of"propellants containing vinyl
chloride and the date when you discontinued selling those
propellants, if applicable.
i
5. Any data indicating your customers' current inventories
and inventory turnover 'rates,.
BLAND/UCC 715
-3-
6- Any information you have relevant to other'uses,
former or present, for vinyl chloride monomer in. any consumer
products.
j
In submitting this information, you should state whether
any of the information is believed to be entitled to exemption,
from disclosure under the provisions of the freedom of
Information Act (5 u.S.C. 552} . Information for which
exempt status is claimed (such as trade secrets, confidential
financial or commercial information/ or information the
disclosure of which would constitute a clearly unwarranted invasion of personal privacy) should be specifically identified,
and reasons should be given to substantiate the claim for
exemption.
`
This information should be submitted! to the Office of
the Secretary, Consumer Product Safety Commission., Washington, D-C. 20207.
Attachments (FHSA & CPSA)
Michael A. Brown General Counsel
BLAND/UCC 716
11 Ja.ty
W74
Hr, Alaa W.. ftbrllsh Standards GoOr&LRaKor tCjeofthiodl J&w$.yaiB Biyisis , Office 'sf* Stardarda ^oriisstiisiR
ami.Appraisal CasLS'sasser ^r^Sact Safatry {Jcsnniaaieio Washington, B*C. 2023/
;
i ;!
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Bear Mr, Ehrlich;
<
. EsiO.. scilX confirm tw*r talaphsisij ..confisflronoe of
iuly .'3-, X974 ^bncsafiaittg- .year-'letter reattcaat -of &a& 2Sf. 1#74* 4ddriswtid D.`a#r, Johe., ]Hbli&&e7 "ier, eea$sa&i .tsfossatioa ibei*t. '<fastiKaer3' a3f tfciiod Csec'fc.iiJte Cferporfimisi wfeft, parefeaaed vinyl cK'Iorid# vspaetis&T' for we in. pr-fl.J^llWis within, att lasc, the pat iSsiroa or four year-
^-
-*
Sa yoy can tiswSsrsrsBli, b conal^lar osr denlinga
vita our ovistceaaris' highly confidaztcial ass is espacted in',
such -a- relationship.. W, -tihiBflra^'ora!. <mty iweal.' inforffi&tAan .
regarding oar -husixxie&s
to those-persons 'haying' The
legal ri&he' Co it..' . Diwigliag -'weds ` isorB&iF sia^sr say
other -cireimetance.a' violates . oar to 1&tioanhip with -oar
cooto^swpzt, li? yon c-att daacRsatr'at^ your Legal authority for
ootaLi&iKg & reiq^is.a.tsd information, we- wpuld> of eoiarsa,
he ioffiara fchsa happy so. supply it to' ymi.
'Sfery truly yasses, ' i
H
i H
BLAND/UCC 717
Union Carbide Corporation 270 Park Avenue New York, New York' 10017
n Dear Mr. Whittlesey:
, ww DEFAfiJftdg,
This letter confirms our telephone discussion of May 22; 1974. At that time 1 requested that certain rnformatjion be provided to the Consumer Product Safety Commission, by your company as a manufacturer/distributor of aerosol propellants. The Information requested relates to propellants which contain or have contained. vinyl chloride monomer.
Please provide the following informatlani
A list of customers to whom ybu sal I"' sr have sold propellants containing vinyl chloride This list should Include corporate names and addid resses (individual contact if known) of all :ustomers -within your historical records or at; least the last 3 or 4 years.
2.. A breakdown of those`customers, if available,
by custom (contract) packers and packers marketing under their own label.
j. Identification of those customers who market consumer products subject to the Federal Hazardous Substances Act (Sections 2f(, 2p, and 2q, copy enclosed),
4. A statement of the approximate date (month and year) of your Initial sales of propellants con taining vinyl Chloride and the date when yoU discontinued selling those propel Iant, if appIicable,
5. Any data indicating yoUr customers* current inventories and inventory turnover rates.
BLAND/UCC 718
f
6. Any Information you have relevant to rhher uses,
former or present., for vinyl chloride monomer In any consumer products.
The Informa+ion you provide will be used to assist the Commission staff in assessing the extant of consumer expo sura to vTny! chloride in pressurized p'raduc+s. It will be used Id cinjunction with the Information obtained from the notification req jirefnent directed toward manufacturers of pressurized consumer p-oducts which contain or have in the past contained vinyl chloride. A copy of the Federal Register Notice (39 FR 1.65!'I) has been enclose^ for your convenience.
Your cooperation Is appreciated.
Si ncerely
Enclosure
Alan M. Hhrl Ich Standards Coordinator
Technical Analysis Division Office of sVandejrds Coordination
and Appra i sa I
BLAND/UCC 719
