Document O3oyLrjJN0w85xpYwa6vJ7XYM

Th Society of the Plastics Industry, Inc. 355 Lexington Avenue New York, New York 10017 (212) 5739400 March 10, 1978 I RECEIVED MAR 13 1978 q K* \^HEELER, JR< TO: THE PVC SAFETY GROUP Gentlemen: Please note as Indicated in. the Minutes of the PVC Steering and Communications Committees, it is planned that the PVC Safety Group will take part in the EPA meeting scheduled for March 23 at the EPA offices. Waterside Mall, 410 M. Street, S.W. Washington, D.C. Room 3906 at 8:30 A.M. It would be advisable to have a representative from your company attend this meeting if at all possible. You can expect that a draft of the presentation material will be sent to your attention about March 20. Very truly yours. John R. Lawrence Technical Director JRL:gm UCC 008194 minutes PVC SAFETY GROUP STEERING COMMITTEE Tuesday, February 28, 1978 8:30 A. M. Sheraton Hopkins Hotel Cleveland. OHIO SUMMARY: 1 - PVC Safety Group has been designated by The American Industrial Health Council (AIHC) to represent them at the EPA meeting to review ita carcinogen policy on March 23. PVC Safety Group members are urged to to be present. 2 - Nominating Committee reconmends present officers of Steering Committee to serve for a second year. 3 - The next meeting of the full PVC Safety Group is March 31, 1978 in Arlington, Virginia. ATTENDEES: D. C. Nuechterleln - CHAIRMAN - Dow Chemical USA, 2020 Dow Center, Midland, Ml 48640 E. G. Ackerman - Diamond Shamrock Corp., 1100 Superior Avenue, Cleveland, Ohio 44114 A. Ross Adams - Air Products & Chemicals, 400 Orchid Circle, Emmaus, Pa 18049 Gary H. Raise - Beveridge, Fairbanks & Diamond, One Farragut Square South, Hash. D.C. J. T. Barr - Air Products & Chemicals, Box 538, Allentown, Pa 18105 R. W. Fortenbach - Shell Chemical Co., One Shell Plaza, Houston, Texas 77001 Ralph L. Harding - SPI - 355 Lexington Avenue, New York, NY 10017 Francis Hor - Firestone Plastics Co., P. 0. Box 699, Pottstown, Pa 19464 Jack Jaglom - The Pantasote Co., of N.Y. 26 Jefferson Street, Pasalac, NJ 07055 R. W. Laundrle - General Tire & Rubber Co., One General Street, Akron, Ohio 44329 John R. Lawrence - SPI - 355 Lexington Avenue, New York, NY 10017 William Rupp - Tetmeco Chemicals, P. 0. Box 365, Piscataway, NJ 08854 Dick Savage - B. F. Goodrich Chemical Div., 6100 Oak Tree Blvd., Cleveland, Ohio 44131 Steve Schaefer - Diamond Shamrock Corp., 1100 Superior Avenue, Cleveland, Ohio 44114 Don K. Spencer - Shell Chemical Co., One Shell Plaza, Houston, Texas 77001 Dale W. Sullivan - Ethyl Corp., 451 Florida Blvd., Baton Rouge, La 70801 Todd Walker - Firestone Plastics Co., Firestone Blvd., Pottstown, Pa 19464 Professor Richard Wilson - Harvard University. THE SOCIETY OF THE PLASTICS INDUSTRY, INC. 355 Lexington Avenue New York, N.Y. 10017 (212) 573-9400 UCC 008195 Chairman Nuechterleln opened the meeting by calling on Messrs. Schaefer and Barr to review the results of the meeting held with the AIHC Steering Committee relative to the review of EPA's carcinogen policy. The conclusion of this meeting was that AIHC wishes the PVC Safety Group to act for AIHC at the EPA hearing scheduled for March 23. In doing this, AIHC would make available any of their background preparations that have been made for the chemical Industry's response to the OSHA Generic Carcinogen proposals. Mr. Baise presented a Proposal Work Plan for an SPX presentation at the EPA March 23 meeting on its generic regulation of carcinogenic air pollutants. (Attachment A). With respect to broadening the SPI comments to cover materials other than just vinyl chloride or plastics related chemicals, he suggested it would be difficult to do this adequately by March 23. Reference was made to two reports that might be cited to EPA as a basis for any changes in the EPA's carcinogen policy: . Principles for Evaluating Chemicals in the Environment National Academy of Sciences, 1973 . Decision Making for Regulating Chemicals in the Environment - National Academy of Sciences, 1975. In discussing the policy consideration, the group reached the following decisions: i) Seeking a delay In the March 23 hearing would not be advisable. ii) The AIHC's Alternatives document can be used as a basis for critiquing the EDF proposal. However, legal counsel pointed out that there are some fine points of differences between the legislative authority of OSHA and EPA and these should be taken into account. ill) It will be Important to coordinate the approach used in the AIHC proposal with prior industry positions at EPA. iv) It will onyl be necessary to make reference to industry's previous comments on EDF position on vinyl chloride and provide a summary of the industry's position on these points. ucc 008196 -3- 3 ~ Risk-Benefit Concepts Professor Richard Wilson of Harvard University was introduced by Dr. Adams He gave a brief statesient on his risk-benefit concept as related to vinyl chloride and other carcinogen risks. He pointed out that because it breaks down in the atmosphere rapidly that the concern should be the primary contact (i.e., exposure in the workplace). On the basis of EPA's 1976 regulation, the risk projects to perhaps one case in 20 years. Several references were made to Professor Wilson's position papers on this subject: . Risk-Benefit Analysis for Vinyl Chloride (ACS Meeting, September 1, 1976) . Magnitude of the Chemical Cancer Problem: A Review of Some Opinions and Numbers. NOTE: Copies of these papers can be obtained from John Lawrence at the SPI office. 4 - Comnittee Reports (a) PVC Fire Safety Committee - Mr. Dan Rent reviewed the activities of the committee making specific reference to the minutes of the January 5 meeting. He also called attention to the toxicity studies proposed to be conducted at the University of Michigan on off' gases from burning materials. The.Steering Committee recommended.that PAC be.urgently requested, to support this study because it Involves all types 6f plastics. (b) Financial Report - Mr. Walker distributed the report on expenses through December 1977. (Attachment B). It was also indicated that approximately 50% of the January assessment of $400,000 has been received. In response to a request by the Chairman, Mr. Walker indicated that a budget projection will be prepared for the full Committee to review at the March 31 meeting. (c) Communications Committee - On behalf of this committee Mr. Ackerman reported that activities have been at a low level pending EPA's action on the proposed VC amendments. It was agreed that the Communications Committee should be ready to provide appropriate backup to the Group's participation at the EPA meeting on March 23. A summary of Hill & Knowlton's activities for the month of January on behalf of the Group is enclosed. (Attachment C). ucc 00819? -4- 5- 67- Nominating Committee - Dr. Adams reported that the Nominating committee recommends that Messrs. Nuechterleln, Schaefer and Valker be re-nominated to their present offices and that their respective companies be nominated to the Steering Committee for a three year term. It was agreed that these nominations should be directed to the attention of the full PVC Safety Group for action at the March 31 meeting. Health Committee - Mr. Nuechterleln reported on behalf of Dr. Torkelson that the Health committee was still searching out an organization main taining complete records on VC health studies and related Information. It was urged that one of the several organizations under consideration be retained for a trial period of 6-12 months. EPA Hearing Plan. Beveridge, Fairbanks & Diamond will prepare a draft of an Industry presenta tion to cover legal, technical and health considerations. It was agreed that ve should make it clear 'that comments were preliminary in reponse to the "meeting" context rather than a "public hearing". Further, that we should reserve the right to make further comments relative to any un resolved technical considerations. Plans were made for Messrs. Baise, Laundrie and Barr, to meet with the AIHC's Scientific Committee on March 7. Final plans for participation at the March 23 meeting are to be reviewed with the AIHC Steering Comnittee In Chicago on March 15. A draft of the presentation material will be sent to the full PVC Safety Group by March 20 of it Is at all possible. It is urged that all PVC Safety Group member companies try to be represented at the March 23 meeting. The next meeting of the Steering Committee will take place at 8:00 a.m. just prior to the meeting of the full committee on Friday, March 31, 1978. The meeting adjourned at 2:40 p.m. ATTACHMENTS 3/8/78 Technical Director UCC 008198 Beveridge. Fairbanks & Diamond 2/24/78 ATTACHMENT A Proposed Work Plan for the SPI Presentation at the EPA March 23 Hearing on Generic Regulation of Carcinogenic Air Pollutants I. Overall Approach EPA has announced that it intends in its March 23 hearing to solicit recommendations- leading to possible development of a proposed generic cancer policy for airborne carcinogens. It may be desirable simply to put EPA on notice that SPI intends to be heard force fully on EPA*s cancer policy, address the eight questions EPA posed in its amendment, and then raise the literally dozens of questions posed by EDF's petition* We should indicate that the Agency needs far more time and addi tional meetings before it could possibly consider pro posing any new scheme. IX. Committee Work Needed Before March 23. A. Policy Considerations 1. Whether to seek a delay of the March 23 hearing or to press for prompt EPA action because EPA's current policy is acceptable. 2. Development Of an approach to . EDF's proposal for a classifi cation scheme for airborne carcinogens; consider how to distinguish EPA concerns from OSHA. 3. Coordinate approach of the AIHC proposal with prior industry position at EPA. 4. How to challenge EDF's presen tation of the "Vinyl Chloride Story." How to treat EDF's statistics and such issues as substitutes, threshold, zero emissions, extrapolation of animal data to humans, repli cation, and offset. 2 B. Technical and Health By March 10, 1978, SPI should have papers pre pared analyzing the EDF proposal in detail (state ment by statement), raise all of the questions necessary to challenge that proposal, and consider an appropriate answer or alternative to the EDF proposal. Among the overriding issues are: 1. To what degree and in what manner should EDF cancer statistics be challenged? 2. What information is available to rebut, correct, supplement the studies relied upon by EDF? 3. what position should be taken with re gard to EDF*s non-threshold and zero emission theories? 4. What implications are there to the off-set policy? 5. What assumptions/facts does EDF rely upon which are erroneous? 6. What is wrong.with EDF's proposed regulatory scheme both theoretically, and, assuming implementation, from a practical standpoint? C. Legal The Legal Committee should complete by March 10 a review of the legal questions which are posed by the EDF petition. Among the issues arc: 1. What in the interrelationship of EPA'n authority under the Clean Air Act and the Toxic Substances Contrdl Act, the Federal Insecticide, Fungicide and Rodcnticido Act, the Federal Water Pollution Control Act and related laws and regula tions? > UCC 008200 3 2. Can EDF's scheme of relying on Section 111 to regulate new sources of Category II substances be effectuated? 3. What procedural safeguards are necessary under any regulatory scheme? Ill. Presentation at Hearing A. Background. Establish setting for the hearing; identify the key parties; establish SPI stature, experience and standing. B. Present policy statement, consistent with overall approach outlined above. C. Consider having technical, medical, scientific and legal experts available to testify. D. Consider Submission of key policy, factual and legal issues and questions raised by EDF petition and the prospect of EPA action. E. Call for further informal meetings before decision on whether to even propose regulations. F. Establish groundrules if regulations are proposed, such as right of cross-examination. IV. Other Issues A. Consider filing a Freedom of Information Act request to obtain (a) all EPA cancer policy docu ments which led to its May 1976, statement, and (2) any new information the Agency has received on this subject relevant to the EDF proposal. B. Establish procedures for liaison with AIHC. C. Schedule of meetings. D. Establishment of committees and selection of chair persons . E. Coordination of expert witnesses with AX1IC. 1. Oral presentation. 2. Written submission. UCC 008201 SPI-PVC & VCM PRODUCERS CROPP SOURCE & DISPOSITION OF FURLS AS OF 12-31-77 ATTACHMENT B SCORCE: v 1. Carryover (Loss) From 1976/77 Operations-Per Ledger Print-Out Plus: Duplicate Entry of Allied Chen.Payment Less: Assessments Paid-Not Recorded on Ledger Great American Chemical Hooker Chemical Net (Loss) Carryover from 1976-1977 2 Assessments: total Assmt. Assmt. Paid a* 1976/77 Assessment No.3 $100000.00 $100000.00 b. 1977/78 Assessment No.l . 250000.00 244512.50 c. 1977/78 Assessment No.2 394100.00 - Total Assessment Income $344512.*^ Net Assessments Receivable Per Attached Detail 3. Meeting Income: Total Funds Available - 12-31-77 amount $(28784.58) ( 2460.00) 912.00 -J67.5Q $(30165.0a8) Net Assmt. ____ Dan $5487.50 394100.00 344512.50 $399587.50 399587-50 380.00 $714314.92 DISPOSITION: 1. Current Year Expenses: Legal Expense - Paid thru 12-31-77 - Accrued for December Public Relations Expense-Paid thru 12-31-77 -Accrued for December Meeting Expense (Incl. Travel) Research 4 Development Expense Office Supplies A Expense Telephone & Telegraph Expense Total Expense thru 12-31-77 Net Funds Available at 12-31-77 $204711i76 12366.80 $ 95076.52 10756.73 $217078.56 105833.25 6777.92 33018.67 896.47 1502.45 $365107.32 $.31+9207 *60 ucc 008202 PRIVELEGED DOCUMENT has been skipped minutes Thursday, March 9, 1978 9:30 A.M._________________ PVC SAFETY GROUP COMMUNICATIONS COMMITTEE The International Club Washington. D.C. ATTENDEES: Robert C. Downey - CHAIRMAN - B. F. Goodrich Chemical Co., 6100 Oak Tree Blvd. Cleveland, Ohio 44131 Ed Ackerman - Diamond Shamrock Corp., 1100 Superior Avenue, Cleveland, Ohio 44114 M. C. Carpenter - Dow Chemical, 2020 Dow Center, Midland, Michigan 48640 Joe Hadley - Keller & Heckman, 1150 17th Street, N.U. Washington, D.C. 20-36 Gary Baise - Beveridge. Fairbanks & Diamond, One Farragut Square South, Wash. D.C. Jerry Blizln - Hill & Knowlton, Inc., One McPherson Square, Vermont at K. St. N.W. Washington, D. C.20005 Matt Swetonic - Hill & Knowlton, Inc., 633 Third Avenue, New York, N.Y. 10017 John R. Lawrence - SPI - 355 Lexington Avenue, New York, NY 10017 Ed Collins - SPI - 355 Lexington Avenue, New York, N.Y. 10017 #### 1 - Chairman Downey opened the meeting by calling on Mr. Balsa to review the background of the assignment AIHC has tentatively given to SPI/PVC Safety Group to represent them at the March 23 EPA meeting on its cancer policy and the EDF petition on a suggested new carcinogen policy. Mr. Baise reported on the actions leading to the preparation of a draft statement to represent the PVC Safety Group, SPI and/or AIHC. This statement was presented to the AIHC Scientific Comittee on March 7 and will be presented to the AIHC Steering Committee on March 15. The final version will be available for review at various stages before the March 23 meeting. 2 - Public Relatione Consideration After considering verlous alternatives, the comdttee agreed that the following elements should be developed for PH support to the Industry's partldpetlon at the March 23 hearing. (a) Press Conference (b) Radio Actuality (c) Press Release (d) Coverage Washington Media . TV . Papers National Media . All normal channels THE SOCIETY OF THE PLASTICS INDUSTRY, INC. 3S5 Lexington Avenue New York, N.Y, 10017 (212)573-9400 |JCC 008207 2- - General strategy would be to set up a defensive position to avoid being pre-empted by environmental groups. Presenters Two tier AIHC Steering Committee member SPI - PVC Representative - *Fleming, *Walker Press Conference - March 22 (11:00 A.M.) Brian McMann ) Experta Richard Wilson ) (No press -conference if experts are not available) (Briefing of experts on March 20, 21 or before) ^Clearance by John Lawrence as soon as possible 3 - Background Documents Mr. Swetonic will update various PVC/VC background papers for hand-out if necessary. 4 - Mr. Downey will prepare a recommendation for presentation of the PR Program to the AIHC CoiiDlttee on March 15. Respectfully submitted* 3/10/78 John R. Lawrence Technical Director UCC 008208