Document M4n6mQ9oMY6945VxaNvvVEEpM

A a**4 Oemica& INTEROFFICE MEMORANDUM Date 4 February 1975 ' Subject --VCM Analysis in PVC T0R. R, Spiegelhalter/M, H. Stermon Pensacola/Calvert City (Location, Organization, or Oocartmant} From J T. Barr_____________________ ___________ Valley Forge (Location, Organization, or Department) cc: A. R. Adams T. L, Carey R.-F, .Vines* ""d. D. Kramer G. J. Hantell E. A. Prlmeau 6. B. H. Speed I talked to Glenn Schaff of B.F.G. today. He said that they were Installing the head-space analytical method in all of their laboratories for YQM analyses in PVC. They are convinced that this is the quickest and best. You will recall that 1 described this In my trip report of the October Safety Association meeting In New Orleans. He also said that they were presently running about 50 ppm In EP/GP resins at time of shipment. i \ /in (320) AP00034481 CMR 2/10/75 PVC, Vinyl Chloride Makers Weigh Meager Legal Options After Appeals Court Rebuff By PETER B. GRIFFIN Market-Editor - 't" Leading polyvinyl chloride produc of Appeals for the Second Circuit (New ers gathered in New York late last York). The court's decision, filed Janu week, under the auspices of the Socie ary 31, came approximately four ty of the Plastics Industry, to deter months after; SPI and nine PVC and mine what if any further Legal action VCM manufacturers brought a series to take in an attempt to alter or fore of individual and combined suits seek stall the implementation of Depart ing court review, and remand, of the ment of Labor's orders governing OSHA VCM standard, and about six worker exposure to vinyl chloride. weeks after expedited hearings on the Those orders were upheld by a special case were held. Federal Appeals Court ten days ago when it rejected on all counts a fivepart industry challenge tojjem. The effective date of the standard, origi nally set for January l, was stayed by the court pending disposition of the case. The InformecAegal sources both .within and petitioners sought in tbelr initial affidavits without 1K&'industry, howeverffsaid last week..-that`the options availabn&io the in dustry'ate few now, with none otf$$ing real- lsti'p 'hopes' i# success. According, to -one soutpe' dose to the industry .coijrt effort: "There are^no real options. Thetcase is worse aovtttban before, and ifowras bad then.^ST H By presstime Friday (February 7) no de to have the original ninety-day lead time reinstated after court proceedings were completed, in the event the decision was against them. In the opinion delivered by the court it was agreed that "a reasonable lead time is appropriate" and It ordered the regulations to become effective in sixty days, or April 1. Until that date, the current emeggency standard of fifty ppm will pre- cision on w^sther to appeal had been made. There is still one vCM-related suit out i Idditlon, the court said that "the time requirement as to respiratory protection standing in the Court of Appeals. It is a sep ..^Rescheduled accordingly." Thus, use of arate petition ior judicial review brought respirators in atmospheres containing less by the Oil, Chemical & Atomic Workers than twenty-five ppm of VCM will be at the Union (OCAW Vs. Brennan). In its legal discretion of employees until'April 1, 1976. challenge, OCAW seeks the tightening of jfljer which such use will bemandatory tor certain health and work safety procedures and the inclusion of some others which were omitted from the original OSHA regu lation. Disposition is not expected for sever al weeks. The denial of the industry's petitions for judicial review of the standards and rules restricting employee exposure to VCM pro mulgated last October by Occupational Safety & Health Administration (OSHA), was a unanimous decision of a special three-judge Federal panel of the US Court exposures ovqggjone ppm (on a .time- weighted average basis over an eight-Sbur period.) >* *; . ,;** -g. Accordixupto legal authorities, the indus try has uwgTitUliy. three options should it decide'to^Une further counterion: 1) they Son -tlw.^ame. g panel fideratfearov y request Jcratfiflkb * tire 'Second an banc, or 31 a writ'of; rari wUJ^ the 'ourt, asking body to review the actimf of the Appellate Court. ces H. L. Watson J. T. Barr T* L. Carey __ -- -^ ,, D Ur* Fleming has requested Larry Carey to prepare an operating manual which, in effect,will cover all of the company's com pliance requirements from the receipt of the monomer through the conversion of the polymer to the dock end subsequent distribution of product to our customer. I haven't had the opportunity to talk to Larry as to his ideas on the content of such a manual; it does seem reasonable to me that Manufacturing's responsibility should start with the unloading of VCM end end with the shipment of product from our producing plants at Calvert City and Pensacola. Consequently, there is a significant amount of procedural development which must be carried out by you as Business Manager for Resins and the Distribution personnel. Will you please make it your responsibility to develop, as quickly as possible, a written operating manual for the delivery of product to Air Products' customers and follow the same format as that which will be used by Manufacturing. The result of such an effort will be one manual which should be available for Inspection, if necessary, by OSEA representatives, but its primary purpose will be to answer all of the questions that operating people will have as to the requirements of the new law. C-&X- ASA/df T. I... CJIPJjY <320) AP00034483