Document N20j5bO11475RVkg72g1KNRqQ

LAW OFFICES RECEIVED 0CT 6 Blackwell Sanders Matheny Weary & Lombardi TELECOPIER (SI6) 27-69l* P. O. BOX <19777 KANSAS CITY, MO 6AI-4I-6777 DIAL DIRECT (816) 274-_____ 6883 TWO PERSHING SOUARE 2300 MAIN STREET-SUITE IIOO Kansas City, Missouri 64108 (816) 274-6800 40 CORPORATE WOODS. SUITE 1200 9401 INDIAN CREEK PARKWAY OVERLAND PARK. KANSAS 66210 (913) 346-6400 September 30, 1993 Doug F. Elders Environmental Engineer Toxic Substances Control Section United States Environmental Protection Agency Region VII 727 Minnesota Avenue Kansas City, Kansas 66101 Re: Status of PVC Resin Under EPCRA Our File No.: 7875-63 EPCRA Docket No. VII-92-T-875-E i..; : " '" ' or 9*" rcfJo Dear Mr. Elders: As you know, we represent Wolverine Technologies (Wolverine) and its parent corporation, Certainteed. Please accept this letter as Wolverine's formal response to your letters of July 30, 1992 and August 18, 1993. We apologize for the delay in responding to your August 18, 1993 letter, but as I explained in our recent phone conversation the sudden death of Ken Everheart came as a shock to all of us. On June 24, 1992 Phil Calabrese conducted an EPA inspection at the Grinnell, Iowa Wolverine facility under the auspices of the Emergency Planning and Community Right To Know Act (EPCRA), 42 U.S.C. SS 11001 et sea. EPA then sent a letter to the Wolverine plant manager on July 30, 1992 discussing the outcome of the EPCRA inspection. EPA's letter noted that Wolverine had cooperated with the appropriate emergency planning authorities in an effort to comply with Sections 311 and 312 of EPCRA, but questioned whether Geon Resin 27 polyvinyl chloride (pvc) use was regulated under EPCRA. Wolverine responded by explaining that the Geon material was almost identical to a pvc resin made by Certainteed, and therefore Certainteed was familiar enough with the chemical composition of pvc resin to know it was not regulated under EPCRA. kc-108622.1 CTL031807 Blackwell Sanders Matheny Weary & Lombardi Doug F. Elders September 30, 1993 Page 2 The July 30, 1992 letter outlined EPA's concerns that use of the pvc resin in the Grinnell extrusion plant could result in releases of a hazardous chemical. NThe MSDS contains information to the effect that the product can emit hazardous fumes and vapors when processed at elevated temperatures. If your company processes polyvinyl chloride in such a manner as to create hazardous emissions, then you would be required to maintain MSDSs pursuant to OSHA, thereby requiring that you notify state and local officials in accordance with EPCRA SS 311 and 312." Id. ( mphasis added) Wolverine's extrusion process transforms small pellets, r granules, of pvc plastic into vinyl siding for houses and parts for vinyl windows. Apparently the inspector was concerned that the heat used in the extrusion process could cause releases of vinyl chloride from the pvc. Wolverine is the first to admit that the flammable gas vinyl chloride monomer (Chemical Abstract Service Registry No. 75-01-4) is a "hazardous chemical" under both the OSH Act and EPCRA. Vinyl chloride monomer is used to produce pvc resin through a process known as polymerization. However, the polymerization process is one way reaction. In other words, the transformation from vinyl chloride gas to solid pvc is so complete that the heat subsequently applied to the pvc during extrusion does not result in releases of vinyl chloride that would classify the pvc as a hazardous chemical. The Geon MSDS confirms the accuracy of Wolverine's position. It explicitly states that "the combustion products of Geon resins . . . do not include phosgene, acrolein, or vinyl chloride" (Exhibit A, at 3-4). Tha administrative Record We have never seen correspondence from OSHA or the Iowa Division of Labor concluding that the pvc used at Grinnell is an OSHA hazardous chemical. The only documentation we have seen on this subject is an April 27, 1993 letter from Charles Hooper of the Iowa Division of Labor to OSHA Region VII indicating that "a written response is needed" concerning the accuracy of a 1986 letter in the OSHA computer database on the status of pvc resin. We understand from your letter of August 18, 1993, however, that you believe that either the state or federal OSHA agency has kc-108622.1 CTL031808 Blackwell Sanders Matheny Weary & Lombardi Doug F. Elders September 30, 1993 Page 3 d termined that the pvc used at Grinnell is an OSHA "hazardous chemical". To be honest, we continue to believe that no agency has actually made a determination as to whether this material is a hazardous chemical under OSHA. The only correspondence we have seen is the letter from Charles Hooper. Wolverine appreciates the difficult position EPA is in because it must rely, to a certain degree, on determinations from other agencies. In this case Wolverine believes there has been a tendency by the other agencies to "pass the buck" on an OSHA issue to EPA. Nonetheless, we do need to explicitly state our position that the administrative record does not contain a determination of th status of this material by either the federal or state OSHA agencies. By writing this letter we hope to clarify the status of this material under EPCRA, explain why we do not believe that pvc as opposed to vinyl chloride is regulated as a hazardous chemical under either EPCRA or the OSH Act, and avoid the need for an administrative hearing. We are also willing to follow up this letter with a face to face meeting. If EPA remains convinced that Wolverine is in violation of EPCRA after reading this letter please accept this as Wolverine's request for an administrative hearing. The Interrelationship Between EPCRA and The OSH Act The requirements of 42 U.S.C. S 11021 and 11022 (EPCRA S 311 and 312) apply to the owners and operators of facilities where "hazardous chemicals" are used. 42 U.S.C. S 11021(e) defines the term "hazardous chemical". According to the statute: "[T]he term 'hazardous chemical' has the meaning given such term by Section 1910.1200(c) of Title 29 of the Code of the Federal Regulations except that such term does not include the following: . . . (2) Any substance present as a solid in any manufactured item to the extent exposure to the substances does not occur under normal conditions of use. kc-108622.1 CTL031809 Blackwell Sanders Matheny Weary & Lombardi Doug F. Elders September 30, 1993 Page 4 42 U.S.C. S 11021(e) (emphasis added). It is important to understand that EPCRA narrows the universe of substances which would otherwise be OSHA "hazardous chemicals". The language "except that" in 42 U.S.C. 11021(e) begins a series of statutory exceptions which limit the number of substances falling within the definition of "hazardous chemical". Wolverine believes that Geon PVC resin used at the Grinnell, Iowa facility is not a "hazardous chemical" under EPCRA, even if one assumes for purposes of argument that is a hazardous chemical under OSHA, because it fits within the exception for substances present as a solid in manufactured items where exposure to the substance does not occur under normal conditions of use. Wolverine disagrees with that portion of your correspondence implying that if either the state or federal OSHA agencies makes a determination that a substance is an OSHA hazardous chemical, that chemical is automatically subject to the requirements of EPCRA. To properly classify this material under EPCRA, EPA must use a two step process. First, if a material is not a "hazardous chemical" under OSHA, then it cannot be a "hazardous chemical" under EPCRA, and no enforcement is warranted. Even if a chemical is an OSHA "hazardous chemical", EPA must still make a determination as to whether the material qualifies for any of the statutory exceptions of 42 U.S.C. 11021(e). If the material does qualify for any of the exceptions it is not a "hazardous chemical" for purposes of EPCRA regardless of its classification under OSHA. Even under a pure OSHA analysis, the Geon pvc resin is not a hazardous chemical. Wolverine finds support for this position in the actions of both the state and federal OSH agencies. At the state level, the Iowa Division of Labor has conducted several OSHA inspections of the Grinnell facility. Wolverine has never been cited in any of these inspections for failing to treat pvc resin as a hazardous chemical. A copy of an Iowa Division of Labor letter from 1989 confirming that a recent OSHA inspection did not identify any areas of noncompliance is attached as Exhibit B. At the federal level OSHA has promulgated a vinyl chlorid standard which specifically addresses workplace exposure to vinyl chloride. Found at 29 C.F.R. S 1910.1017, this standard draws an lee-108622.1 CTL031810 Blackwell Sanders Matheny Weary & Lombardi Doug F. Elders September 30, 1993 Page 5 important distinction between fabricated products made of polyvinyl chloride and vinyl chloride. As OSHA explains: Fabricated product means a product made wholly or partly from polyvinyl chloride, and which does not require further processing at temperatures and for times, sufficient to cause a mass melting of the polyvinyl chloride resulting in the release of vinyl chloride. 29 C.F.R. 51910.1017(b)(6). Wolverine believes that the Geon pvc resin is a fabricated product exempt from the vinyl chloride standard under OSHA's interpretation of the meaning of the fabricated product exception. OSHA has indicated several times that it defines the term "release", as used in the fabricated product exception, to mean a release of vinyl chloride which results in workplace exposure above the action limit of 0.5 parts per million. Attached as Exhibit C please find a series of letters sent by OSHA in 1975 to various pvc producers and consumers outlining this interpretation of the term release. OSHA confirmed the continuing validity of their interpretation of the term release in Secretary of Labor v. Hooker Chemical Co.. OSHRC, Docket No. 78-4862 (March 31, 1981). We have previously quoted from the Geon MSDS which explains that vinyl chloride is not released as a result of heating pvc. In addition, after the issue at Grinnell first cropped up we approached the manufacturer of the Geon resin for additional information. As you can see (Exhibit D), the pvc manufacturer has unequivocally stated that : In the Geon Company's view, Iowa has mis-interpreted or mis-construed our MSDS statement. Over fifty years of experience at Geon with extrusion of properly stabilized PVC compounds as well as work done by outside testing laboratories and Universities in extruding PVC has uniformly shown that these materials do not degrade or decompose at the temperatures associated with extrusion to an extent that would cause them to fall within the purview of kc-108622.1 CTL03l8ii Blackwell Sanders Matheny Weary & Lombardi Doug F. Elders September 30, 1993 Page 6 the term 'Hazardous Material' as OSHA employs that term. (Exhibit D, at 1). Wolverine has performed exposure monitoring for its workers at the Grinnell facility. Enclosed as Exhibit E please find test results showing that even the highest recorded concentrations of vinyl chloride at the Grinnell facility were less than half of the 0.5 ppm action limit. The April 30. 1986 Busser Letter In his correspondence with OSHA Region VII, Charles Hooper of the Iowa Division of Labor asked OSHA whether a 1986 letter from OSHA to Peter Susser, a lawyer for the Vinyl Institute, still accurately stated OSHA's position on the hazards posed by pvc. The 1986 letter was premised on the understanding that research had uncovered a carcinogenic risk associated with pvc, as opposed to vinyl chloride which has been identified as a carcinogen for some time. The 1986 letter no longer accurately reflects the available scientific information concerning the carcinogenic potential of pvc. Attached as Exhibit F please find a letter from the Department of Health and Human Services dated June 3, 1987 indicating that "we have changed our listings in the Registry of Toxic Effects of Chemical Substances (RTECS) to conform with IARC criteria" . As you can see, the RTECS listing for polyvinyl chloride no longer labels it as a suspect or possible carcinogen. Since the 1986 letter from OSHA was based on the belief that pvc resin had been identified as a suspect carcinogen, the 1986 letter is no longer an accurate statement of the applicability of the OSHA vinyl chloride standard to pvc. In the process of preparing this response we contacted representatives of the Vinyl Institute. They advised us that the Institute does not believe that use of pvc resin in an extrusion process is use of an OSHA hazardous chemical. If EPA continues to pursue enforcement of this matter we anticipate that the Institute will appear and argue on behalf of Wolverine. This case carries heavy implications for the vinyl industry as a whole because pvc is such a common material. kc-108622.1 CTL031812 Blackwell Sanders Matheny Weary & Lombardi Doug F. Elders September 30, 1993 Page 7 Used in everything from sneakers to siding, pvc is the second most widely used plastic in the United States. Pvc is even approved for use as a food packaging material. Obviously the Food and Drug Administration would not have approved this material for use in contact with food if it was, as EPA now suggests, hazardous. We urge EPA to reconsider its position. Vinyl chloride and pvc are completely different types of compounds. Wolverine does not produce or use the flammable gas vinyl chloride at its Grinnell facility. Instead, Wolverine extrudes the solid plastic material pvc which bears an entirely different Chemical Abstract Services Registry Number(9002-86-2) due to its different chemical structure. EPA needs to recognize the fundamental differences between pvc and its 'black sheep' cousin vinyl chloride. The pvc Wolverine extrudes at Grinnell is not a hazardous chemical. Douglas P. McLeod cc: Sherry Carr, Esq. John Oleson kc-108622.1 CTL031813 A CTL031814 Z%f COMPAA/y MATERIAL SAFETY DATA SHEET Geon Resin 27 Product No.: 00027 000 0000 Recipe No.: 017 Issued: June 1993 Supersedes: New Issue Written by: M. Hross SECIIQNI The Geon Company 6100 Oak Tree Blvd. Cleveland, Ohio 44131 Geon Canada Inc. 8800 Thorold Line Road P.O. Box 1026 Niagara Falls, Ontario L2E6V9 Telephone No.: l-(800) 438-4366 Transportation Emereencv No.: CHEMTREC: 1-(800) 424-9300 Medical Emergency No.: POISON CENTER: (216) 379-8562 Telephone No.: (416)357-3131 Chemical Family: Ethene, chloro-, homopolymer Chemical Name/Synonyms: Poly(vinyl chloride), PVC, vinyl Trade Mark: Geon Vinyl Formula: Homopolymer resin (CH2CHCl)n C.A.S. Registry No.: Homopolymer resin 9002-86-2 TSCA Inventory Status: All ingredients comply with the USEPA's TSCA regulations Canadian Domestic Substances List Status: All ingredients have been nominated or are eligible for inclusion Workplace Hazardous Materials Information System (WHMIS) Classification: Not Controlled Product Use: Various Applications SECTION n - Hazardous Ingredients Hazard Summary Statement: CAUTION! Processing fumes may cause irritation of the eyes and respiratory tract Use with adequate ventilation. Avoid breathing process emissions. Dust can have flammable potential. Read entire Material Safety Data Sheet (MSDS). CTL031815 Geon Resin 27 Page 2 Material Vinyl Chloride Monomer1,2,3,4,5'6 C.A.S. Number 75-01-4 Amount in Product <8.5 ppm ACGIH TLV-TWA 5 ppm Vinyl Chloride Monomer LD^q (rat, inhalation) -18 pph!15M Vinyl Chloride Monomer LC^q - N.E. OSHA PEL-TWA 1 ppm (5 ppm TWA for any 15 minute period) N.A. - Not Applicable N.E. - Not Established Vinvl chloride monomer is shown as an OSHA cancer suspect agent (29 CFR 1910.1017), an American Conference of Governmental Industrial Hygienists (ACGIH) confirmed human car cinogen, and a National Toxicology Program (NTP) and an International Agency for Research on Cancer (IARC) human carcinogen. Legislative Footnotes 1 Ingredient listed on SARA Section 313 List of Toxic Chemicals 2 Ingredient listed on the Pennsylvania Hazardous Substances List 3 Ingredient listed on the California listing of Chemicals Known to the State to Cause Cancer or Reproductive Toxicity 4 Ingredient listed on the Massachusetts Substance List 5 Workplace Hazardous Materials Information System ingredient found on the Ingredient Dis closure List - Canada 6 Ingredient listed on the New Jersey Right to Know Hazardous Substance List Notes: TV/-TWA -- Threshold Limit Value - Time Weighted Average for concentration of the chemical substance in the ambient workplace air. American Conference of Governmental Industrial Hygienists (ACGIH). OSHA PEL -- OSHA Permissible Exposure Limit, 8-hour TWA. 29 CFR1910.1000 1989. CTL031816 Geon Resin 27 Page 3 SECTION III - Physical Data Appearance: White, free-flowing powder Odor Slight characteristic Percent Volatiles: N.E. Solubility in Water: N.E. Physical State: Solid Specific Gravity: 1.40 0.02 Melting Point: N.E. Glass Transition Temperature: N.A. Bulk Density: N.E. SECTION IV - Fire and Explosion Hazard Data Flash Point: 736F (391C) ASTM D1929 Flammable Limits in Air: N.E. Note: Flash Point - The lowest initial temperature of air passing around the specimen at which sufficient combustible gas is evolved to be ignited by a small external pilot flame. Extinguishing Media: Water is most effective. ABC dry chemical, AFFF and protein type air foams arc also effective. The product is an ordinary combustible. (Carbon dioxide is not gen erally recommended for use on Class A fires as a lack of cooling capacity may result in reigni tion.) Special Firefighting Procedures: Firefighters should utilize a self-contained breathing apparatus (SCBA) in positive-pressure mode. In enclosed or poorly ventilated areas, wear an SCBA dur ing cleanup immediately after a fire as well as during the attack phase of firefighting operations. Unusual Fire Hazards: Geon resins bum with difficulty because a substantial amount of en ergy is required to break down the polymer into smaller fragments that will sustain combustion in the gas phase, principally as a consequence of the action of the halogen content of the mate rial. Consequently, Geon resins are difficult to ignite. Fires will tend to extinguish naturally in the absence of a substantial external source of heat or flame. Hydrogen chloride is generated during combustion and acts as a flame quencher in the vapor phase. Geon resins will release less heat than many other combustible materials. Precautions should be taken similar to those for any other combustible materials, e.g., wood or other plastics. As previously mentioned, hydrogen chloride is generated upon combustion of this material. When dissolved in water, hydrogen chloride becomes an acid and can have a corrosive effect upon many metals. Since this corrosion can be a slow process which will take place long after initial exposure, prompt cleaning of surfaces with water-based detergents is indicated. The smoke generated when Geon poly(vinyl chloride) resins bum is within the narrow limits of toxicity of the smoke from all commonly used materials. The primary toxic combustion products are carbon monoxide and hydrogen chloride. Carbon monoxide is an asphyxiant gen erated by all natural and synthetic organic materials from incomplete combustion and is the principal toxicant in fire atmospheres. Hydrogen chloride is an irritant, which has a limited lifetime in any fire atmosphere. The doses of carbon monoxide and hydrogen chloride needed to cause lethality are very similar. The combustion products of Geon resins include many other compounds such as carbon dioxide, from complete combustion, and water, but do not in- CTL031817 Geon Resin 27 Page 4 elude phosgene, acrolein or vinyl chloride. Explosive Characteristics: Geon resin dust has a very low tendency to explode. The mini mum ignition energy for explosion of Geon resin dust is very much higher than that of natural materials such as com starch and flour and also exceeds those of other plastic materials. How ever, as with any powder materials, care should be taken in addressing ignition sources in work ing and handling areas. SECTION V - Reactivity Stability; Stable Hazardous Polymerization: Will not occur. Haxardmis Decomposition Products: Hydrogen chloride, carbon monoxide, carbon dioxide and small amounts of benzene and aromatic and aliphatic hydrocarbons. CAUTION! Prolonged heating (approximately'30 minutes or more) of the product above 200C (392F) or short term heating at 250C (482F) may result in rapid evolution of hydro gen chloride. Incompatibility (Materials to Avoid): Avoid contact with strong oxidizers. Also, avoid contact with acetal or acetal copolymers and with amine containing materials during processing. At processing conditions, these materials are mutually destructive and involve rapid degradation. Thoroughly purge and mechanically clean processing equipment to avoid even trace quantities of these materials from coming in contact with each other. Prevent cross contamination of feedstocks. SECTION VI - Health Hazard Data Threshold Limit Value: Not Established Primary Routes of Exposure: Inhalation of powder or process emissions Effects of Overexposure: Acute: No adverse health effects are anticipated from the product at ambient temperature. However, at process temperatures, the product can emit fumes and vapors which may cause irritation of the eyes and respiratory tract. Any effects will depend upon processing tech nique and temperature, volume processed and the effectiveness of exhaust ventilation provided for the process. Effects of chronic exposure to off-gases at processing temperatures have not been fully evaluated. Chronic: Vinyl resin has little effect on the lungs and is not known to cause any disease when CTL031818 Geon Resin 27 Page 5 dust exposure is minimized. Routine inhalation of dust of any kind should be avoided. Exercise care when dumping bags, sweeping, mixing or doing other tasks which can create dust. Hazardous ingredient specific medical data (if ingredient found in "pure" form): Vinyl chloride monomer in high concentrations can cause eye, nose and throat irritation, dizzi ness, euphoria, drowsiness, incoordination, nausea, headache, blurred vision, disorientation, persistent irregular heart beat, unconsciousness and death. Direct contact with the liquid causes freeze bums of the skin, eyes and mucous membranes with possible permanent damage Repeated exposure causes angiosarcoma of the liver, a rare form of liver cancer. Repeated exposure to high concentrations can cause degeneration of the tips of the finger bones. Transplacental carcinogenicity has been observed in some long term studies with animals. Other organ system effects also have been observed in animal studies but have not been con firmed in humans. Vinyl chloride is an OSHA cancer suspect agent (29 CFR 1910.1017), an ACGIH confirmed human carcinogen and an NTP and IARC human carcinogen. Medical Conditions Aggravated bv Exposure: Individuals with bronchial asthma and other types of chronic obstructive respiratory diseases may develop bronchospasm if exposure to process emissions is prolonged. Emergency and First Aid Procedures: Inhalation (of process emissions): Remove affected individual to fresh air. Contact a physician. Eve Contact: Flush eyes with water for at least 15 minutes while lifting upper and lower eyelids. Seek medical attention if irritation persists. Skin Contact: Not an anticipated hazard, however, good personal hygiene practices are always recommended for material handling. Ingestion: Not an anticipated hazard. SECTION VII - Spill and Leak Procedure Steps to be taken in case material is released or spilled: Vacuum or sweep material into a clean, properly labeled container for reuse or disposal. Waste disposal method: Dispose of waste in accordance with all federal, state and local regula tions. TCLP: This product or others of similar composition, in the as-shipped condition, have been tested and found to be not hazardous using the USEPA's Toxicity Characteristic Leaching Pro cedure (TCLP - 40 CFR 261, Appendix II). Any physical or chemical modification of this product may change the TCLP test results. CTL031819 Geon Resin 27 Page 6 SECTION VIE - Special Protection Information Ventilation: Effective exhaust ventilation should always be provided to draw fumes or vapors away from workers to prevent routine inhalation. Ventilation should be adequate to maintain the ambient workplace atmosphere below the legislated levels listed in Section H Compound ing, hot melt processing (e.g., extruding and molding), cutting or sawing, machining, regrinding, thermoforming, heat welding and other processing or post-processing operations in volving heat sufficient to result in polymer break down should be examined to insure adequate ventilation. Respiratory Protection: Wear a NIOSH/MSHA-approved respirator specific for chemicals listed in Section 31 and VI, as applicable, when concentrations exceed those limits listed. Com ply with OSHA 1910.134 (29 CFR). Where large amounts of dust may occur, wear a NIOSH/MSHA-approved respirator for nuisance dust. Protective Equipment: Safety glasses or chemical goggles. Wear protective gloves when han dling resin bags or hot material during processing. SECTION IX Special Precautions Material Handling: As with any product, should dusting occur from material handling, sources of ignition, such as static discharge, should be addressed by the user to prevent the ignition and sudden release of energy from suspended, finely divided particulates. If dusting occurs, utilize a NIOSH/MSHA-approved respirator for nuisance dust. Remove product from walkways and floors to prevent slippery footing. Normal Melt Processing: Virtually all thermoplastic materials will emit fumes and/or vapors when heated to processing temperatures. The concentration and composition of these vapors will depend upon variables such as the specific compound formulation and processing method and temperature. Always use the product under well-ventilated conditions and avoid breathing process vapors. For personal hygiene, wash thoroughly after handling resin, especially before eating, smoking or using toilet facilities. Do not store or consume food in processing areas. Do not use processing equipment to heat food. Cleanup: Cleanup following normal melt processing should be performed under wellventilated conditions. Compound based upon vinyl resin may be held at process temperatures for a short time without significant thermal degradation. However, it should be recognized that exposure to either elevated temperature or excessive heat history (time) will result in decompo sition. (As a general rule, degradation begins to occur after about one hour at 177C (350F), about ten minutes at 204C (400F) and within five minutes at 232C (450F). Equipment should not be shut down for extended time periods with the product in it, or decomposition and possible corrosion of unprotected metal may result. If dies and screws are not to be cleaned manually, then compound should be purged from processing equipment prior to shutdown us ing special vinyl purge compound or a compatible thermoplastic such as general purpose ABS (do not use flame-retarded or halogen-containing grades for this purpose). Storage: Sprinklered warehouse areas are recommended. The product by itself will not support CTL031820 Geon Resin 27 Page 7 combustion, however, materials such as wooden pallets, paper bags, cardboard boxes and other combustibles can provide sufficient fuel to cause the product to bum. Housekeeping: As with handling of all powdered materials, accumulations of the product should be removed from settling areas such as rafters, roofs, building columns and ductwork to eliminate any secondary potential dust explosion or fire hazards. SECTION X - Hazard Codes NFPA 704 0980) (National Fire Protection Association) HMIS (Hazardous Materials Identification System National Paint and Coatings Association) Health: Flammability: Reactivity: Special: 2 1 0 Kev: 0= Insignificant 1 = Slight 2 = Moderate 3 = High 4 = Extreme B = Gloves Health: Flammability: Reactivity: Personal Protection: 0 1 0 B User's Responsibility This bulletin cannot cover all possible situations which the user may experience during process ing. Each aspect of the user's operation should be examined to determine if, or where, addi tional precautions may be necessary. All health and safety information contained within this bulletin should be provided to the user's employees or customers. We must rely upon the user to utilize this information to develop appropriate work practice guidelines and employee in structional programs for his or her operation. Test all end uses thoroughly to assure appropriate material selection. Disclaimer of Liability As the conditions or methods of use are beyond the control of the Geon Company, the Geon Company does not assume any responsibility and expressly disclaims any liability for any use of this material. Information contained herein relates only to environmental, health and safety of the product and is not intended to be relied upon as technical specifications for commercial purposes (consult Geon technical bulletins). This document is believed to be true and accurate but all statements or suggestions are made without warranty, expressed or implied, regarding the accuracy of the information, the hazards connected with the use of the material or the results to be obtained from the use thereof. Compliance with all applicable federal, state and local laws and regulations remains the responsibility of the user. CTL031821 PRODUCT LABELING INFORMATION Product: Geon Resin 27 The Geon Company 6100 Oak Tree Blvd. Cleveland, Ohio 44131 Telephone No.: 1-(800) 438-4366 Transportation Emergency No.: CHEMTREC: l-(800) 424-9300 Medical Emergency No.: POISON CENTER: (216) 379-8562 Geon Canada Inc. 8800 Thorold Line Road P.O. Box 1026 Niagara Falls, Ontario L2E 6V9 Telephone No.: (416) 357-3131 READ MATERIAL SAFETY DATA SHEET (MSPS) BEFORE USE NFPA HMIS Health Flammability Reactivity Personal Protection 0 1 0 B CAUTION! Processing fumes may cause irritation of the eyes and respiratory tract. Use with adequate ventilation. Avoid breathing process emissions. First Aid: Inhalation of process emissions: Remove affected individual to fresh air. Contact a physician Eve contact: Flush eyes with water for at least 15 minutes while lifting upper and lower eyelids. Seek medical attention if irritation persists. Contains: Vinyl Chloride Monomer (CAS No. 75-01-4) <8.5 ppm Ingredients List Required by the New Jersey Right-To-Know: Polyvinyl Vinyl Chloride CAS No. 9002-86-2 CTL031822 Shipping Information IDENTIFICATION - DOMESTIC TRANSPORTATION Proper Shipping Name (172.101(c)): N.A. (Technical Names(s)) (172.203(k)): N.A. Class/Division (172.101(d)): N.A. UN/NA# (172.101(e)): N.A. Haz. Substance (171.8): N.A. Inhalation Hazard (172.2a(b)): N.A. Packing Group (172.101(f)): PACKAGING (Pan 173) Reportable Quantity: N.A. Packaging Sections (172.101(g)) - Col. 5(a): N.A. Col.5(b): N.A. General Packaging Sections - General 173.24 Hazard Class: N.A. DANGEROUS GOODS DETERMINATION (2.1) - INTERNATIONAL TRANSPORT Proper Shipping Name (Col. B): N.A. Class/Division (Col. C): N.A. Subsidiary Risk (Co. D): N.A. UN/ID# (Col. A): N.A. U.S. Haz. Substance (US 1): N.A. Other/Inhalation Haz. (US 34): N.A. Variations (1.8): States (Governments): N.A. Carrier (Table 1.8B): N.A. PACKAGING Max. Qty. Per Pkg. (Cols. HZJ) - Passenger: N.A. Packaging Instructions (Cols. G/I) - Passenger: N.A. Cargo: N.A. Cargo: N.A. MARKING A. Proper Shipping Name (172.301(a)) (Technical Name(s))(172.301(c)) B. UN/NA Number (172.301(a)) C. Name and Address (172.306(a)) D. THIS END UP 9(172.312(a)) E. Haz. Substance RQ (Name)(172.324) - ORM Designation (172.316(a)) - Inhalation Hazard (172.301(a)) DOMESTIC LABELING 1. HMT LABELS (172.400) 2. Additional Hazard (172.402(a)) INTERNATIONAL LABELING 1. Primary Hazard 2. Subsidiary Risk (If Appropriate) 3. Cargo Aircraft (If Appropriate) fC A. Proper Shipping Name (T :cl ideal Na ne B. UN/NA Number E. (Haz. Substance) RQ CTL031823 09/27/93 11:44 1 515 236 7839 WOLVERINE TECH 12)002 April 25, 1989 AUt_tN J. MEIER COMMISSIONER Mr. Mark Romano Wolverine Technologies Inc. P.O. Box 685 Grinnell, IA 50112 Bear Mr. Romano: This will confirm our telephone conversation on Monday, April 24, 1989. Tour plane was selected for an OSHA Inspection under the provisions of our safety planning guide. That inspection was conducted on January 13, 1989 and no violations were observed at that time. Thank you for your efforts on behalf of employee safety. If you have any questions, please feel free to call us. JMSrkf cc: Mary L. Bryant, IOSH Administrator C.F. 9707 CTL031825 10OO EAST GRAND AVENUE / DES MOINES. IOWA 50319/51 5-281 -3606 f c CTL031826 (( U.S. DEPARTMENT OF LABOR Occupational Safety anu Health Administration waSmincTON. DC. :c;io DEC 1 7 7S .*t Mr. Raymond H. Schenc* Attorney Air Products and Chemicals, Five Executive Mall Swedesford Road Wayne, Pennsylvania 19087 * Inc *rc>veo ECZ '375 4Pc/ Or-- t-A W /V\ rsc-j t Dear Mr. Schenck: This is in response to your letter of June 30, 1975 to Assistant Secretary John 3. Stender petitioning for the modification of 29 CFR 1910.1017(b)(6), (formerly 29 CFR 1910.S3q(b)(6) recodified May 28, 1975), Exposure to Vinyl Chloride, Occupational Safety and Health Standards. 29 CFR 1910.1017(b)(6) defines a fabricated product as being one which is "made wholly or partly from polyvinyl chloride, and which does not require further processing at temperatures, and for times, sufficient to cause mass melting of the polyvinyl chloride resulting in the release of vinyl chloride." "Release of vinyl chloride" means the release of an amount of vinyl chloride which would likely result in employee exposure at or above the action level without regard to the use of engineering controls. Products which can be classified as fabricated products are exempt from the provisions of the vinyl chloride standard. All other products are subject to the requirements of the standard. There are no plans presently to formally modify the vinyl chloride standard. Therefore, we hope that the the above clarification of the regulation will satisfy your petition request. Should you have further questions, please contact me or members of my staff. Sincerely, CTL031827 DEC 1 7 B7S . S Dl.PAR I Njr.M OF I.AHOR K * Iff MC I* Utj 1 Jtl.l ll.jlfll IlHHI W PC ;o:i. Hr. R. JK. wheeler# Jr. Vinyl Chloride Resins Manager Union Carbide Corporation 270.Park Avenue' New York, Hew York 10017 JRK 02 ^ R n yiHttUi* W- Dear Hr. Wheeler: This is in response to your joint letter with Nr. John Whittlesey dated June 17, 1975, petitioning for modifications of the Exposure to Vinyl Chloride Standard, 29 CFR 1910.1017 (formerly 1910.93 recodified May 28, 1975). There are no plans presently to amend the Vinyl Chloride Standard. A revised program directive is contemplated, although we are not certain as to the date it will be available. Please be assured that your comments and suggestions are greatly appreciated and they will be considered fully in the revision of the program directive In the meantime, the following administrative decisions have been made: 1. 29 CFR 1910.1017(a) and (b)(6) Scope and application (2), (3) and (b) Definitions (6) The standard defines a fabricated product as being one which is 'made wholly or partly from polyvinyl chloride, and which does not require further processing at temp eratures, and for times, sufficient to cause mass melting of the polyvinyl chloride resulting in the release of vinyl chloride." "Release of vinyl chloride" means the release of an amount of vinyl chloride which would likely result in employee exposure at or above the action level without regard to the use of engineering controls. Products which can be classified as fabricated products are exempt from the provisions of the vinyl chloride standard. All other products are subject to the re quirements of the standard. If the employer uses or manufactures.a product which is not a fabricated product, he must initiate monitoring procedures. If the monitoring reveals that the employees are not exposed to vinyl chloride at or above the action level, the employer's operations will be exempt from the CTL031828 2 provisions of the standard. However, if the monitoring revcuis exposure at or above the action level, the employer oust implement the procedures specified in the standard. 2. 29 Cnt 1510.1017(b) Definitions (5). The petition requests that the definition of 'emergency* be revised to include specific examples, such as fire and explosion. Ne agree that the definition night veil be expanded to include esanples. Again, this natter will be addressed in a program directive and not as an amend ment to the standard. The definition of a 'massive release* as being 'greater than 100 parts per million (ppm)* found in the current Prograa Directive $200-35, will also be addressed in a revised directive. We agree that the 100 ppm should 'be changed. - 3. 29 CF* 1510.1017(d) Kanitoring (4) - The intent of paragraph (d)(4) is that tSe employer shall be 951 confident that his monitoring result is vithin 254, 35% or 501 of the actual value depending on the concentration. * Therefore,.an employer using a' method which has proven vinyl chloride detection accuracy of 254 or less need take only one,measure ment regardless of the actual vinyl chloride monomer concentration. In concentration ranges where accura cies of 354 or 50t are recurred, the employer need take only one measurement if the method accuracy is less than the specified accuracy. With nethods of unknown accuracy or having errors greater than the specified accuracy--requirements, repeated measure ments are necessary. In these cases, one may use the coefficient of variation {CV) as a parameter to judge whether or not a sampling procedure is adequate t . meet the standard. The CV in percentage units is defined as the standard deviation of the method, times 100, divided by permissible exposure limit.. The required CV of the procedure is obtained by dividing'the required accuracy by 1.96 (2 value for 95? confidence). Thus) for accuracies of 254, 354 and 504, method CV values should he less than 12.C4, 17,94, and 25.5? respectively. CTL031829 To repeat; thr art no plana presently to anend the standard but your consents on nonitoring will b con* aldared in the progran directive revision and also la future rulsoaking vhere monitoring la a requirement. 4. 29 C71 1910.1017(3) Training. The standard does not specify a level of exposure to trigger training activities. Section 6(b)(7) of the Occupational Safety and Dealth Act of 1970 provides that caployees shall be apprised of the nature of kh hazardous substances vith which they eoae in contact. The evidence ve have conpiled on vinyl chloride has indicated that it is sufficiently hazardous to warrant training for all personnel who have any possibility of coaing in contact vith vinyl chloride. There is always 'the opportunity for accidents to occur and em ployees should be ewere of the possible consequences. There hes also been soae indication that storage con tainers aay yield high concentrations of vinyl chloride when opened after transporting. ' Therefore, it is not likely that the training provisions will be amended. For those operations covered by the standard, training is a requicenent. *5. 29 CFR 1910.1017(e), Signs and labels (4) . If there are situations where the b) ended polyvinyl chlorido aust be labeled yet contains less then 0.5 ppo residual vinyl chloride o>cnoa*r, the following * wording &ay be used: BLENDED VOlWIHYL COLCRIDE (PVC) * * CONTAIU3 TRACS AKOtiKTS ( 0.5 pp*) . op vihyl chloride. . V2KTL CHLORIDE IS A CAHCCR-3UCF2CT ACCUT. CTL031830 hope that the above clarification* will satisfy your petition for sodification and Amendment of the riayl chloride standard. X* previously stated, there are no plans presently to foraally aaend the standard. There will be aa addenduo or modifica tion of the Program Diroctiv* 1200-35. Should you wish to discuss any setter further do not hesitate to contact m* or aesbera of ay staff. Siacerely for Regional Progress /- CTL031831 r//, ?,^r'cOAS04Af)' Technical Center P.O. Box 122 Mo re & Walker Rds. Avon Lake, Ohio 44012 216-933-0307 Fax:216-933-1764 Mr. Ken Everhardt Certainteed Corporation P.O. Box 290 Williamsport, MD 21795 July 6, 1993 Louis M. Maresca Vice President Research & Development RECEIVED JUL 1 3 1993 - ilri L. EVEBHAR7 Subject: Polwinvl Chloride Resins and Compounds Dear Mr. Everhardt: You have inquired of The Geon Company whether in the view at Geon, polyvinyl chloride resins and compounds comprise "Hazardous Materials", as the term "Hazardous Materials" finds application in the OSHA regulations. You have indicated that Iowa's state agency charged with enforcement of the OSHA regulations has taken a statement in Geon's MSDS sheets for PVC resin and compounds that PVC can produce decomposition by-products at elevated temperatures, to mean that PVC comprises a "Hazardous Material" requiring reporting under SABA 313. ' In the Geon Company's view, Iowa has mis-interpreted or mis-construed our MSDS statement. Over fifty years of experience at Geon with extrusion of properly stabilized PVC compounds as well as work done by outside testing laboratories and Universities in extruding PVC has uniformly shown that these materials do not degrade or decompose at the temperatures associated with extrusion to an extent that would cause them to fall within the purview of the term "Hazardous Materials" as employed by OSHA. At these "normal" extrusion temperatures, PVC does not evolve fumes of a quantity or of a nature which would make PVC a "Hazardous Material" as OSHA employs that term. Geon included the statement in their MSDS sheet relating to elevated temperatures to address temperatures substantially in excess of th se experienced during normal PVC extrusion operations. In other words, the statement Geon places upon its MSDS regarding fume evolution at elevated temperatures refers to the extra ordinary situation where PVC (which does not independently support combustion) might get caught up in a fire, or see exposure to a temperature substantially in excess of normal extrusion temperatures for a significant time duration, as well as to emphasize the ordinary good practice of providing appropriate ventilation in the extrusion of any thermoplastic, whether PVC or otherwise. We here at Geon hope that the foregoing clarifies the concern at Certainteed and at IOWA's OSHA enforcement agency. 732a:\6VKEverb 1 .let E CTL031834 08/27/63 10:20 0215 341 7157 Saint-Gobaln ESE @004/005 Explanation of Vinyl Chloride Sample Report Column 1 Plant: This is an internal code to identify and separate each plant's data. Plant 0043 is Grinnell. Column 2 P/A/E: This is a designation for the type of sample collected. P-personal sample collected on an employee; A-area sample collected in a general work area; E-engineering sample collected to determine contaminant sources, not an occupied work area. Column 3 - survey number: in an internal sequential number given to each survey performed. If the survey number contains MPTM in the middle (i.e., 90PT01) it means the samples were taken in-house by the plant. If no PT is in the number the samples were taken by Corporate Industrial Hygienists. Column 4 - Date of sample Column 5 - Department within the facility Column 6 - Location within the facility Column 7 - Job employee performed during the sample, if it was a personal sample. Column 8 - Minutes: duration of the sample Column 9 - Details: the number of individual samples comprising the TWA value Column 10 TWA: Time weighted average for the minutes listed in column 7. The "<" sign means the sample result was less than detectable- The OSHA PEL for vinyl chloride is 1 ppm. Column 11 Method: C2 and AR are the same method, Charcoal tube with analysis by OSHA 04 method. This is further discussed on attached method description. Unfortunately, the information we gathered during the sampling period does not include record of temperature, humidity or residuals in the compound. CTL031835 09/27/93 10:20 215 341 7157 Saint-Gobaln BSE 12)005/005 Sampling Method for vinyl Chloride Monomer The vinyl chloride samples were obtained and analyzed following the OSHA 04 method. Personal and area samples were obtained on charcoal tubes. Corporate samples were collected DuPont ALPHA I, P4000 and P200 air sampling pumps. Plant samples were taken using Sipin pumps. All pumps were calibrated to approximately 30 cc/min. before and after each sampling day. The vinyl chloride samples obtained on charcoal tubes by were sent to AIHA accredited laboratories for analysis by gas chromatography. The detection limit as established by the labs is 1.2 micrograms. The OSHA limit for vinyl chloride as stated in OSHA Safety and health Standards 1910.1017 is 1 ppm (part per million) averaged over an 8-hour period. For short exposures, less than 15 minutes, the permissible exposure is 5 ppm. The VCM action level is 0.5 ppm. CTL031836 Vinyl Chloride Siirple Results 09/27/93 10:08;TB Page 1 Plant Survey Data Department Location Job Hfnutei PetAils TWA Method 0043 P 09-04 02/21/09 BA1CH/FORM1MG LEND ROOM OPERATOR 380 1 <0.013 C2 0043 P 69-04 02/20/09 8ATCM/FORM1NQ BLEND ROOM OPERATOR 382 1 <0.012 C2 0043 P 09-04 02/20/09 BA1CH/FORHINO BLEND ROOM OPERATOR 364 1 <0.010 C2 0043 P 09-04 02/21/09 SA1CH/FORH1HG BLEND ROOM OPERATOR 452 1 <0.025 C2 0043 P 09-04 02/20/09 PRODUCTION EXTRUDER OPERATOR 415 1 <0.016 C2 0043 P 09-04 02/20/09 PRODUCTION EXTRUDER OPERATOR 431 1 <0.014 C2 0043 P 09-04 02/20/09 PRODUCT ION EXTRUDER OPERATOR 458 1 <0.011 C2 0043 P 09-04 02/22/09 PROOUC1ION EXTRUDER OPERATOR 480 1 <0.012 C2 0043 P 09-04 02/22/09 PRODUCTION EXTRUDER OPERATOR 445 1 <0.010 C2 0043 P 09-04 02/21/09 PRODUCTION EXTRUDER OPERATOR 390 1 <0.010 C2 0043 P 89-04 02/20/09 PRODUCTION EXTRUDER HELPER 392 1 <0.012 C2 0043 P 09-04 02/22/09 PRODUCTION EXTRUDER OPERATOR 463 1 <0.010 C2 0043 P 89-04 02/22/09 PRODUCTION EXTRUDER OPERATOR 473 1 <0.014 C2 0043 P 09-04 02/22/69 PRODUCT ION EXTRUDER HELPER 454 1 <0.008 C2 0043 P 09-04 02/20/09 PRODUCT ION GENERAL SUPERVISOR 380 1 <0.012 C2 0043 P 09-04 02/20/09 PRODUCTION GENERAL LEAD 380 1 <0.013 C2 0043 P 09-04 02/20/09 PROOUCIION GRINDER OPERATOR 345 1 <0.014 C2 0045 P 69-04 02/20/09 QUALITY CONTROL GENERAL INSPECTOR 412 1 <0.010 C2 Plant totalssRarvge 0.000425 to 11.425191 Heart 0.285053 Std 1.740117 N*1fi Ceo mean 0.011652 Oeo std i^901& CTL031837 Vinyl Chloride Sanple Results 09/21/93 14:20:50 Plant EMTYty Bail Department 0043 P 90-28 12/04/90 PRODUCT IOH taut ten EXTRUDER Job OPERATOR D043 P 90-28 12/04/90 PRODUCTION EXTRUDER OPERATOR 0043 P 90-28 12/05/90 PROOUCIION EXTRUDER ' OPERATOR 0043 P 90-28 12/05/90 PROOUCIION EXTRUDER OPERATOR 0043 P 90-28 12/04/90 PRODUCTION EXTRUDER OPERATOR 0043 P 90-28 12/04/90 PRODUCTION EXTRUDER OPERATOR Plant tota(e:Renge 0.010323 to 0.224241 Moan 0.0386S0 Std 0.065697 Page 1 Hi nutst BstilU M 382 1 <0.011 Hit! C2 374 1 <0.010 C2 371 1 0.224 C2 374 1 <0.022 C2 360 1 <0.014 C2 231 1 <0.023 C2 N*$ Geo mean 0.020250 Geo etd 2J&S22 cTL031838 DEPART . Of HEALTH * HUMAN SERVIC Public H**lth Sar><* Ccnttrt for On<*u Coni: National IntniuU lor Occupation*! Saf*i? ft H Robn A. Taft LabC'ato 46'6 Columbia Parisay Cincinnati OH 4S2J-IS Juno X, 1987 Mr. Fctr L. de 1a Crus Lsv Offices of Keller sod Bachman 1150 17th Street, I.V. Suits 1000 Washington, D.C. 20036 Desr Mr. ds Is Crus: Vs vrott to IARC la lyon, ss ve hsd lndicstsd, sod received s response froa Dr. A. Altlo, Officer la Charge, Unit of Carcinogen Identification sod Evaluation. A copy of his letter Is enclosed. In response to this letter, ve have changed our listings la the Registry of Toxic Effects of Cbealcal Substances (ETECS) to confora with IARC criteria. In fact, ve have reviewed all IARC citations to bring them Into conformity with the IARC criteria defined in Supplement 4 and subsequent monographs. Ve now use the IARC terminology of "Sufficient Evidence," "Halted Evidence," Inadequate Evidence," and *H Evidence" of carcinogenicity. In view of the IARC letter, and also applying the criteria, the RTECf record for polyvinyl chloride now carries the following citations: IARC Cancer Revlev:Aniaal Inadequate Evidence IARC Cancer Revlev:Euaan Inadequate Evidence 1 regret that this whole process was slow In reaching a resolution, but It did raise an Issue of importance for us. Tour Inquiries helped us to focus on our need for reviewing older citations. The criteria that IARC now uses simplify our task Id reporting tbs conclusions of tbs IARC working groups more accurately. Sincerely yours, Enclosure Doris T. Sweet Bdltor, ETEC8 Priorities and Research Analysis Branch Division of Standards Development and Technology Transfer CTL031840