Document NEdxpRRd9z1nzMVN2ZMD1vKBQ

May 7, 1974 Tot Subject: Mr. P. N. Shellenberger Mr. R. J. O'Leary Additional Epidemiological Studies on Workers Exposed to Vinyl Chloride Attached is a copy of sy semorandus of May 2nd on the above subject. We have now received the ORC call for financial support andi based on telephone clearance, 1 have agreed t connlt Allied's funds to this project, as well as to the studies Initiated by MCA. (Copies attached.) W. S. Ferguson W8F:en Attach. cc: Mr. W. L. Sullivan ASI 00009949 Please return by b ' 13, 1974 to> Mr. A. C. Clark Manufacturing ChemistB Association 1025 Connecticut Avenue, N.W. Washington, D. C. 20009 MANUFACTURING CHEMISTS ASSOCIATION MANAGEMENT CONTACTS OF COMPANIES SUPPORTING THE VINYL CHLORIDE RESEARCH PROGRAM / ^ / My company supports the proposal that the industry conduct chronic inhalation studies of vinyl chloride with mice, as outlined in your letter of May 3. It commits itself to its pro rata share of the costs of such research (estimated to be about $220,000) such share not to exceed $ 11.500 . My company supports the proposal that the industry conduct an animal experiment, as outlined in your letter of May 3, to simulate the acute exposure that might be experienced by a fumigated community in the event of a tankcar rupture in a transportation accident. It commits itself to its pro rata share of the costs of such research (estimated to be about $80,000) such share not to exceed $ 4.200. It is understood that the details of these research programs are subject to refinement and revision by the Research Coordinators, with the advice and concurrence of the Technical Task Group on Vinyl Chloride Research, and that MCA will not authorize the start of the animal exposures until such concur rence has been obtained. Signed Name (typed) Title Company Address W. S. Ferguson Director of Occupational Health and Product Safety Allled Chemical P.0. Box #i057R Morristown, NJ 07960 5/3/74 Telephone ( 201 ) 455 - 3993 ext. ASI 00009950 1 Please return by May 13, 1974 tot Dr. Kenneth D. Johnson Manufacturing Chemists Association 1025 Connecticut Avenue, N.W. Washington, D. C. 20009 MANUFACTURING CHEMISTS ASSOCIATION TECHNICAL TASK GROUP ON VINYL CHLORIDE RESEARCH / \ / I approve the recommendations of the Research Co ordinators in regard to the proposed new chronic inhalation studies of mice exposed to low levels of vinyl chloride, as described in the cover letter to this response form, and urge immediate action by the Management Contacts to fund the prompt initiation of such studies. (It is understood that the approval of the Technical Task Group will be sought for the details of the experimental protocol.) / / I vote against the proposal that the Technical Task Group recommend industry support for the proposed chronic inhalation studies at this time. ZZZ7 I approve the recommendations of the Research Co ordinators in regard to the proposed study of mice subjected to a single massive exposure of vinyl chloride, as described in the cover letter to this response form, and urge immediate actions by the Management Contacts to fund the prompt initiation of this study. (It is understood that the approval of the Technical Task Group will be sought for the details of the experimental protocol.) "/ I vote against the proposal that the Technical Task Group recommend industry support of the proposed acute inhalation study at this time. Signed Name (typed) Title Company Address Telephone (.0 .O' `Vuii- -fit U ft W. S. rWtruson for W. A.' `Knapp Director of Occupational Health & Product Allied Chemical Safety P.0. Box #1057R Morristown, NJ 07960 ( 201 ) 455 - 3993 ext. 5/3/74 ASI 00009951 3*71 NOTICES Applications for disaster loan* under--^(8) Whether the available Information presiding officer alufil certify the record this announcement must be filed not later warrants the lnuance of an Emergency thereof to the Assistant Secretary of than March 18.1874. * . . i Temporary Standard, or the commence Labor tor Occupational Safety and n- Dated: January 18.1874. Tnoua* 8. Kutrr*. Administrator. ment of a regular rulemaking under sec tion 6(b) of the Occupational Safety and Xlealth Act. Written data may be mailed or deliv Health. ,/ Signed at Washington, D.C., this 28th day of January 1974, i '1 |FRD0C.74-3373VUe*l-3-74;S:4Sem) ered to the Office of Standards. Attn: John H. Stxnbeo, Docket OSH-36, Occupational Safety - Asstilqvt Secretary of Labor, VETERANS ADMINISTRATION and Health Administration, Room 303, fra Doe, 74-8684 Filed 1-3B-74;S;48 amf 1736 U Street MW, Washington. DC. ADVISORY COMMITTEE Off STRUCTURAL 30318, not later .than February 1P74. P SAFETY OF VETERANS ADMINISTRA The data will be available for public in TION FACILITIES . spection and copying at the OSHA Public Notice of Meeting ' Reading Room, Room 203,1736 M Street NW. Washington. D C. 30210. INTERSTATE COMMERCE : COMMISSION i: (Katie* Ho, 341.', y'\ the Veterans Administration dm no* Oral presentation of data will also be ' ASSIGNMENT OF HEARINGS ij tke pursuant to Public Low 88-443 that ' a meeting ot the Advisory Committee on Structural Safety of Veteran* Adminis received by an administrative law judge at an informal fact-finding bearing be ginning at ip asm, e-dX oa Ertdar,Eeh=^. ' . v January23,1874/11 Case* assigned Top hearing, postpone j! tr-z* J'`l" jr<%t'' tration Facilitta* will be held ta Room 442 at the Veterans Administration Cen tral Office. 611 Vermont Avenue, NW,, Washington, pc on February 33, 1874, at jo a.m. The eommlttee members will ruarv 13.187*. Conference RooroB, De- tmentalAuditorium, Oonstitutlca Ave- pwrtmental Auditorium, Constitution Avenue NW, between 13th. and 14th Streets, Washington, D.C. .t*- ment, cancellation or oral argument ap pear below and will be published only once. ITUs list contains prospective as signments only and does not include' cases previously assigned bearing dates. V* `` kV review Veterans Administration eon- M, ' . i 1 structlon standards and criteria relating to fire, earthquake, and other disaster ; Persons desiring to appear at the hear ing must file with J. OoodelL Attn: Dock et OBH-36,Offlce of Standards, Occupa The hearings will bo on the Issue* as presently reflected in the Official Docket of the Commission. An attempt will be ;4 resistant construction. f, V/ The meeting will be open to the public tional Safety and Health Administration, Room 303, 1736 M Street NW., Washing made to publish notices of cancellation of bearings as promptly as possible, but fi * ; 4?: V-``" .ft ' V up to the seating capacity ol the room. Recause of the United seating capacity ' It will be necessary for those wishing to attend to contact Mr. James Letter, Di rector, Civil Engineering Service, Office ' of Construction, VA Central Office ton. D.C, 30310, * written notice of in tention to appear. In triplicate. Notice should be filed as soon as possible, but will be accepted by the Management Offl- cer at the hearing until the Pre-hearing cnnferwneg begins. The notice should, interested parties should take appropri ate steps to Insure that they are notified of cancellation or postponements of hear ings in which they are' interested, tlo amendments will be entertained after January 30,1874...... j ; * / - JJ > {; (phone 203-388-3868), prior to Febru ary ID. 1874. *. \ - -, ` . Dated: January 83,1874. "* -By direction of the Administrator.; ... Iixul J Rtrrus H. Wruow, < ' Associate Deputy Administrator. state: The name and address of the person wishing to appear; the capacity in which he will appear; and the approx imate amount of time required for the presentation. The notice should also in clude, or be accompanied by, a brief statement of the presentation to be. MO-#e*7# Sub SS, `Brown Tnamort Corp.. , MO 1381M Sub'8, Oay Trucking Co.. Ine. MO 136288 Sub 3, Southern Intennodsl Logistics, lac., Me 136330, Internet* Ware housing. Corp- how snigned March is, , -1B74, will be held *t the Holiday Inn-- towntown, ns Ftedtiwi* Avenue, Atlante, Os. ' - r & ?i 1 fFB DOC.74-344Y Filed 1-80-74:8:4* amj . mode. *' ................ W-61 Bub-Ito. 3, McAllister Lighterage Line, Beginning at 8:30 a.m,, e.dt., on Feb Inc. A W-4S7 Sub-No. e, McAllister r" DEPARTMENT OF LABOR 'Office of the Secrvtety POSSIBLE HAZARDS OF VINYL CHLORIDE MANUFACTURE AND USE ruary 16, 1874, the presiding Adminis trative Law Judge will hold a pre-hearing conference in order to establish the order and time for the presentations, and in order to settle any other matter relat ing to the proceedings. Brother*. Inc., now aealgned F*bru*ry 4, ... JS74, st New York, N.T,, la cancelled end tranaferred to Modlfled Procedure.' . . Mc-61064, Centrapoiia Transfer co. Ino- noW'' ' assigned February 6,1074, at Jefferson City, Mo- la cancelled and reassigned Febru ary e, 1074, In Boom *08, Federal OClce x\-\i r; .5 j - -3 *V * Request for Information and Notice of The oral proceedings shall be reported ' Bldg., *11 Walnut Street, Kansas city. Mo. `Fact-Finding Hearing verbatim. The use of prepared statement* No. 8S717, Southern Railway Company--Pu- Notice ts hereby given that the Oc-> CupaUonal Safety and Health Admin istration is requesting Information on possible- hazards associated with the manufacture and/or use of vinyl chlo ride (chloroethene, Chemical Abstracts few witnesses is encouraged. All document* that are Intended to be submitted should bo submitted In triplicate (original and two copies). The administrative law Judge shall have all tne powers necessary or appro-' Uoa fra Declaratory Order, No. 1*71? Sub 1. Louisville, an* NsahvlUo Ballraa* Com-' . panp--Petition for Declaratory Order--Re fond Rul*---JQectrtcaJ Appliances, oou* tinuetf to March 10. 1074. at the oacca ot . the Interstate Commerce Commission, Wadiington. DO, . . Service Registry Number 7M14). priate to conduct a fair and full informal. MC 80873 Sub 18, Lime city Tracking Com 1V #.*;v*> ', 4r 3*-. 1 <- . The Administration requests Informa tion including, but.apt teceatarUy lim ited to: .`ti '' I ; , <l> The toxicity/of Vinyl chloride: (3) The toxicity ofother chemicals in volved In the manufacture and use of vinyl chloride: (3) The technologies involved ta the production and use of vinyl chloride: (4) Employee populations potentially' hearing, including the power*: (a) To regulate the course of the hear ing: ", (b) lb dispose of procedural request* objections, and comparable matter*; pany. me. now assigned Febrauy 4, IP74. `*t Chicago, HI. la postponed Indefinitely. MO 3303 Sub 447, Roadway express. ine,, nor assigned February 26. IBM, at Cleveland. ,, Ohio, to cancelled end the application is . (c) To confine the presentation* to matters pertinent to the requested in-' l**AlV ' w Rosxrt L. Oswald, ,`-`i formation; . , rt.y y; Secretary, (d) lb regulate the conduct of thee* > . (Fit Doe.7-*tM FUe* 1-80-74:8:48 am) ' ^ present at the hearing by appropriate. :.-} 'V i-\ * , ' {1' . or actually exposed to vinyl chloride or other chemicals, and Involved in the pro duction and/or use of vinyl chloride; (5) Epidemiolojical studies of effects of vinyl eWorld; and other chemicals used in the manufacture or me of vinyl chloride on populations, employes or <e) In his discretion, to question and permit questioning of any witness; and - (f) In his discretion, to keep the record open for a reaconrhle stated time to re ceive written data from any person who ha* participated iu the oral proceeding. FOURTH SECTION APPLICATION FOR 'RELIEF f -t.- / >.. Janvait25,1974, An application, as summarlr^d beUw, tns been DIM requesting rt-hef from the requirements ot Section 4 of Hie inter otherwise; and . . Following the close of the hearing, the. state Cotnrnerc* Act to permit comnu.u t. SEpaAl, RI01STO. VOt. J, NO. 31--WEONIIOAV, IANUAIT 80, 1*74 *. . V .. * r ASI 00009952 71:1108 c. FEDERAL LAWS of new sources and air pollutants subject to the provisions of this section. (4) The provisions of this section shall apply to any new source owned or operated by the United States. (c) (1) Each State may develop and submit to the Administrator a procedure for implementing and enforc ing standards of performance for new sources located in such State. If the Administrator finds the State procedure is adequate, he shall delegate to such State any authority he has under this Act to implement and enforce such standards (except with respect to new sources owned or operated by the United States). (2) Nothing in this subsection shall prohibit the Ad ministrator from enforcing any applicable standard of performance under this section. (d) (1) The Administrator shall prescribe regulations which shall establish a procedure similar to that provided by section 110 under which each State shall submit to the Administrator a plan which (A) establishes emission standards for any existing source for any air pollutant (i) for which air quality criteria have not been issued or which is not included on a list published under section/ 108(a) or 112(bXlXA) but (ii) to which a standard of performance under subsection (b) would apply if such existing source were a new source, and (B) provides for the implementation and enforcement of such emission standards. (2) The Administrator shall have the same authority (A) to prescribe a plan for a State in cases where the State fails to submit a satisfactory plan as he would have under section 110(c) in the case of failure to submit an implementation plan, and (B) to enforce the provisions of such plan in cases where the State fails to enforce them as he would have under sections 113 and 114 with respect to an imple mentation plan. (e) After the effective date of standards of perform ance promulgated under this section, it shall be unlawful for any owner or operator of any new source to operate such source in violation of any standard of performance applicable to such source. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Sec. 112.(a) For purposes of this section: (1) The term `hazardous air pollutant' means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the Admin istrator may cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapac itating reversible, illness. (2) The term `new source' means a stationary source the construction or modification of which is commenced after the Administrator proposes regulations under this section establishing an emission standard which will be applicable to such source. (3) The terms `stationary source', `modification', `own er or operator' and `existing source' shall have the .same meaning as such terms have under section 111(a). (b) (1) (A) The Administrator shall, within 90 days after the date of enactment of the Clean Air Amendments of 1970, publish (and shall from time to time thereafter revise) a list which includes each hazardous air pollutant for which he intends to establish an emission standard under this section. (B) Within 180 days after the inclusion of any air pollutant in such list, the Administrator shall publish proposed regulations establishing emission standards for such pollutant together with a notice of a public hearing within thirty days. Not later than 180 days after such publication, the Administrator shall prescribe an emission standard for such pollutant, unless he finds, on the basis of information presented at such hearings, that such pollutant clearly is not a hazardous air pollutant. The Administrator shall establish any such standard at the level which in his judgment provides an ample margin of safety to protect the public health from such hazardous air pollutant. (C) Any emission standard established pursuant to this section shall become effective upon promulgation. (2) The Administrator shall, from time to time, issue information on pollution control techniques for air pollu tants subject to the provisions of this section. (c) (1) After the effective date of any emission stand ard under this section -- (A) no person may construct any new source or modi fy any existing source which, in the Administrator's judgment, will emit an air pollutant to which such standard applies unless the Administrator finds that such source if properly operated will not cause emissions in violation of such standard, and (B) no air pollutant to which such standard applies may be emitted from any stationary source in violation of such standard, except that in the case of an existing source - (1) such standard shall not apply until 90 days after its effective date, and (ii) the Administrator may grant a waiver permitting such source a period of up to two years after the effective date of a standard to comply with the standard, if he finds that such period is necessary for the installa tion of controls and that steps will be taken during the period of the waiver to assure that the health of persons will be protected from imminent endangerment. (2) The President may exempt any stationary source from compliance with paragraphs (1) for a period of not more than two years if he finds that the technology to implement such standards is not available and the opera tion of such source is required for reasons of national security. An exemption under this paragraph may be extended for one or more additional periods, each period not to exceed two years. The President shall make a report to Congress with Tespect to each exemption (or extension thereof) made under this paragraph. (dXO Each State may develop and submit to the Administrator a procedure for implementing and enforc ing emission standards for hazardous air pollutants for stationary sources located in such State. If the Admini strator finds the State procedure is adequate, he shall delegate to such State any authority he has under this Act to implement and enforce such standards (except with respect to stationary sources owned or operated by the United States). Environment Reporter 20 AS I 00009953 CLEAN AIR ACT (2) Nothing in this subsection shall prohibit the Administrator from enforcing any applicable emission standard under this section. FEDERAL ENFORCEMENT Sec. 113. (aXl) Whenever, on the basis of any in formation available .to him, the Administrator finds that any person is in violation of any requirement of an applicable implementation plan, the Administrator shall notify the person in violation of the plan and the State in which the plan applies of such finding. If such violation extends beyond the 30th day after the date of the Administrator's notification, the Administrator may issue an order requiring such person to comply with the requirements of such plan or he may bring a civil action in accordance with subsection (b). (2) Whenever, on the basis of information available to him, the Administrator finds that violations of an applic able implementation plan are so widespread that such violations appear to result from a failure of the State in which the plan applies to enforce the plan effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the 30th day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will enforce such plan (hereafter referred to in this section as `period of Federally assumed enforcement'), the Administrator may enforce any requirement of such plan with respect to any person -- (A) by issuing an order to comply with such require ment, or (B) by bringing a civil action under subsection (b). (3) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of section 111(e) relating to new source per formance standards) or 112(c) (relating to standards for hazardous emissions), or is in violation of any require ment of section 114 (relating to inspections, etc.), he may issue an order requiring such person to comply with such section or requirement, or he may bring a civil action in accordance with subsection (b). (4) An order issued under this subsection (other than an order relating to a violation of section 112) shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concern ing the alleged violation. A copy of any order issued under this subsection shall be sent to the State air pollution control agency of any State in which the violation occurs. Any order issued under this subsection shall state with reasonable specificity the nature of the violation, specify a time for compliance which the Administrator determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. In any case in which an order under this subsection (or notice to a violator under paragraph (1) is issued to a corporation, a copy of such order (or notice) shall be issued to appropriate corporate officers. (b) The Administrator may commence a civil action for appropriate relief, including a permanent or temporary injunction, whenever any person ) S-149 _________________ ________ 71:1109 (1) violates or fails or refuses to comply with any order issued under subsection (a); or (2) violates any requirement of an applicable imple mentation plan (A) during any period of Federally assumed enforcement, or (B) more than 30 days after having been notified by the Administrator under subsec tion (a) (1) of a finding that such person is violating such requirement; or (3) violates section 111(e) or 112(c); or (4) fails or refuses to comply with any requirement of section 114. Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such action shall be given to the appropriate State air pollution control agency. (c) (1) Any person who knowingly (A) violates any requirement of an applicable imple mentation plan (i) during any period of Federally assumed enforcement, (ii) more than 30 days after having been notified by the Administrator under subsection (a) (1) that such person is violating such requirement, or (B) violates or fails or refuses to comply with any order issued by the Administrator under subsection (a), or (C) violates section 111(e) or section 112(c), shall be punished by a fine of not more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after the first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. (2) Any person who knowingly makes any false state ment, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Act or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. INSPECTIONS, MONITORING, AND ENTRY Sec. 114 fa) For the purpose (i) of developing or assisting in the development of any implementation plan under section 110 or 111(d), any standard or perform ance under section 111, or any emission standard under section 112, (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan, or (iii) carrying out section 303- (1) the Administrator may require the owner or oper ator of any emission source to (A) establish and maintain such records, (B) make such reports, (C) install, use, and maintain such monitoring equipment or methods, (D) sample such emissions (in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and (E) provide such other information, as he may reasonably require; and (2) the Administrator or his authorized representative, upon presentation of his credentials - Copyright C 1973 by Tho Buroou of Notional Affai r, Inc, AST 00009954 21