Document OG4ywLMrnxaj3bwN9dvmm6q1

STATE OF NEW YORK COUNTY OF NEW YORK AFFIDAVIT OF DAMON L. ENGLE Damon L. Engle, being first duly sworn upon oath deposes and states as follows: That he is a chemist and that he is Plant Manager of the Texas City, Texas plant of Union Carbide Corporation, applicant herein; that polyvinyl chloride resins ("FVC") are produced at the Texas City plant; that among his duties and responsibilities, he is responsible for bringing the Texas City plant into compliance with Occupational Safety and Health Standard 1910.93q issued on October 4, 1974; that he makes this affidavit in support of a temporary variance from the enforcement of 1910.93q (g) (1) of the Occupational Safety and Health Standard for Exposure to Vinyl Chloride ("VCM"). I. Union Carbide Corporation seeks a temporary variance for 26.5 percent of the employees directly involved in polyvinyl chloride production at its Texas City plant, and potentially sub ject to vinyl chloride monomer exposure. Union Carbide's Texas City plant is a large petrochemical complex employing 2306 people. In addition, there are currently 220 people on the premises employed by various contractors. Within this complex there are three major production facilities producing polyvinyl chloride from vinyl chloride (Exhibit I); a solvent vinyl resin plant producing 100,000,000 pounds per year; a suspension uCC 091804 1. Solvent Vinyl Resins Area Job Description Autoclave Operator Stripping Operator VCM Exposure - 8 hr. TWA May 1974 January 1976 3.5 to 23.6 ppm 0.22 to 8.10 ppm 1.1 to 2.8 ppm 0.34 to 0.65 ppm Suspension Non-Solvent Resins Area Job Description VCM Exposure - 8 hr. TWA May 1974 January 1976 Reaction Operators Utility Operator Dryer Operator 4,,0 to 18.3 ppm 6,,1 to 58.7 ppm 7.,3 to 310.5 PPm 1..5 to l8.6 ppm 2..7 to 403.6 ppm 0.88 to 2. 95 ppm 0.29 to 13. ppm 0.71 to 1. 64 ppm 0.25 to 4. 84 ppm 0.75 to 8. 07 ppm Exhibits III and IV show detailed personnel monitoring of a number of jobs within the vinyl resin production facility. Exhibits V and VI show the downward trend of the average vinyl chloride exposure within the areas devoted to vinyl resin production. While the drop in employee exposure to vinyl chloride as measured by personal monitoring has been substantial the results of monitoring by the automatic analyzers (chromatographs) for January 1976 more clearly defines the potential for employee exposure. These analyzers operate 24 hours a day seven days per week; therefore, there is no likelihood of missing vinyl chloride emissions, i.e. by sampling during a low concentration period. The sample points, too, are at locations adjudged to be most troublesome. UCC 091805 -3- Union Carbide, as a matter of corporate policy, has always been active in the study of health effects resulting from chemicals exposures, and in minimizing of exposure of employees to chemicals that may indeed be hazardous. Thus, we have main tained a fellowship in industrial toxicology at Mellon Institute (now Carnegie-Mellon) Pittsburgh, Pennsylvania for many years. Each large Union Carbide chemicals plant has a fully staffed industrial hygiene group. In addition, the Corporation has freely made its information and resources available for widespread cooperative industry efforts in the fields of toxicology, epidemiology, and industrial safety. The results of these policies and practices are well represented in the Texas City plant which I manage. For example, the principle of good ventilation which we follow dictates that the only fully enclosed manufacturing buildings are control rooms where sensitive instruments (as well as employee comforts) require such action. The use of solvent cleaning as opposed to manual cleaning for FVC resin reactors was pioneered by Union Carbide, and is in use at Texas City in all reactors where the technology is applicable. The medical surveillance program required by the OSHA VCM standard is very similar to that in use by Union Carbide Corporation for a number of years. The receipt of data indicating that vinyl chloride was a carcinogen and the issuance of OSHA's VCM regulation resulting therefrom, touched off a maximum commitment of corporate resources UCC 091806 in some instances * a combination of all three. For example a still in the solvent vinyl resin area was provided with a new base section; operating conditions were revised; and additional quality control testing was initiated. 6. Implementation of the problem solutions. This step was the most time-consuming, particularly when new equipment had to be designed, purchased and installed. 7. Restudy of the system for other remaining problems and to achieve the low permissible exposures is an essential part of the program. Where there were many large and small problems previously one tended to mask the existence of another which could be corrected only when discovered. In addition, as vinyl chloride concentration is reduced, the amount of effort and money to achieve further reduction increases with geometrical rapidity. While it is not possible to show in detail each problem and its solution. Exhibit IX lists the major items. Union Carbide Corporation's commitment in terms of financial resources is shown in the following tabulation: New Investment Solvent Vinyl Resins.....................................................................i 975,000 Suspension Non-Solvent Resins................................................SI.420,000 Total................................................................................................. $2,3957000 UCC 091807 -7- Based on the foregoing matters. Union Carbide Corporation has demonstrated that it is committed to the reduction of employee vinyl chloride exposures to the permissible limits required by the OSHA standard. IV. The Reasons for Union Carbide Corporation Variance Request Despite a major effort on the part of Union Carbide Corporation to develop and implement vinyl chloride engineering and work practice controls and procedures to limit employee exposures to the permissible limits imposed by the OSHA standard, concentrations of vinyl chloride monomer in the suspension non solvent reactor area will unavoidably be in excess of the permissible limits for a year. Union Carbide Corporation, therefore, needs a temporary variance from the standard for the reasons set forth below. While we ask for a continuation of subsection (g) (1) of the standard for one year as allowing employee discretion on respirator1 usage up to 25 ppm per fifteen minute period, our situation is such that we would have no difficulty in being confined to a 10 ppm ceiling on such employee discretion. Rarely, if ever, such has been our progress to date in meeting the standard, will employees be even potentially exposed to any higher concentrations. 1. The Environmental Protection Agency has designated vinyl chloride a hazardous pollutant and is proposing a national emission standard to be promulgated no later than June 20, 1976. Contrary to normal practice, EPA proposed standard involves control of emissions outside a plant premises through specification of plant UCC 091808 _o_ major capital expenditures in the polyvinyl chloride area until the impact of the EPA regulation is known; understood; and trans lated into practical compliance action. Union Carbide Corporation, as well as others, has submitted a written commentary on the proposed EPA regulation pointing out questionable areas and suggesting changes (Exhibit X) which are now being considered. 2. The use of respirators in the Texas City plant's suspension non-solvent polyvinyl chloride reactor area will be excessive. After a careful review of ongoing work and anticipated results. Union Carbide Corporation can fully comply with the OSHA standard as it applies to 73.5 percent of the directly involved employees of the Texas City plant. The remaining 26.5 percent of the employees, those working in the suspension non-solvent reactor area, will have to wear some form of respirator 30 percent of the time. A closer study of this problem shows that 42 operating people will average 20.8 percent of the time in respirators while twenty maintenance people will average fifty percent of the time in respirators. Maintenance operations invariably result in some emissions; thus, a particular job could require a use of a respirator for a full day. 3. The use of respirators for a major portion of a work day by an employee is an unsafe practice. Operation of a resin (polyvinyl chloride) production facility is a complicated cooperative venture involving a very -11- UCC 091809 always be aware of how much time has elapsed and of the time required to return to a safe area to replace an air tank or canister. NIOSH has recognized this problem in their work to develop a respirator with an elapsed time indicator and one which has a longer use time. NIOSH indeed has recommended a nine month delay in full implementation of the respirator section of the OSHA standard. Union Carbide Corporation has found that use of respirators for a major portion of the work day involves greater physical hazard than exposure to minimal levels of vinyl chloride. b. Employee resistance to respirators and restrictive safety rules is a major problem. The OSHA statute imposes on us the full responsibility for enforcement of the regulations. This, however, is extremely difficult unless the employer engages one supervisor per employee. The whole basis of our society is that, given the proper rules and the training in the logic of those rules, each person will react in the desired manner. In no place is this more true than the area of employee safety where an employee will make the proper and safe moves for any given situation if he is thoroughly trained. This training must overcome not only creative discomforts but also must overcome prior experience. Employees in the VCM-FVC industry have for many years been acclimated to high vinyl chloride exposures. They have also learned to be comfortable both at home and on the job; thus the precipitous drop in permissible vinyl chloride exposures has created a resistance problem. This was recognized in the initial OSHA vinyl chloride standard which -13- UCC 091810 the customer to obtain material from another source. Without customers, there is no justification for the plant's future operation, and therefore the expenditure of new capital is not needed. Union Carbide is committed to providing a lawful environment for its employees and those of its contractors. For this reason, it believes that carrying out a major capital invest ment program is contingent upon providing an acceptable work environment to its contractor personnel. Even more difficulty in encountering resistance to wearing of respirators is inexorably anticipated in the completion of the Carbide program of installation of new equipment to meet the OSHA standard, with respect not only to Carbide employees but to employees of outside contractors engaged to complete the program as well. Carbide plans to spend some $4,250,000 in the area for which this variance is sought, and it is expected that the use of respirators as will be required not only of employees but also of ' such contractor personnel, will severely hamper the progress of the program; delay its completion date; create substantial work inefficiencies; and not only cost Carbide considerable additional unnecessary monetary expenditures but also will hamper and defer its ability to achieve final compliance with both OSHA and EPA regulatory requirements. V. Union Carbide Corporation's program will provide for employee safety and health as required under OSHA, as well as achieve full compliance with Environmental Protection Administration Regulations. -15- UCC 091811 at the South Charleston, West Virginia plant in July of 1974, and the results reported to OSHA and made a part of the record of hearings which preceded issuance of this standard. Union Carbide, as part of its documentary input to the said OSHA hearings, reviewed the medical record, including death certificates where appropriate, of every one of the numerous individuals employed at Texas City who had once been exposed at any time or any period to VCM; its findings, presented to OSHA for use in its hearing record, were that none of these individuals had any signs of angiosarcoma, nor even of any liver (or other) abnormality that could in any way be attributed to vinyl chloride exposure. It should also be noted that compliance actions taken to date have diminished Carbide's suspension non-solvent resin production capacity by twenty percent; its dispersion resin capacity by thirty percent; and has had no effect on levels of solvent resin production. Applicant, however, despite such record, and despite its realization that the thirteen VCM reported exposure-linked deaths in the United States were limited to 4 of the 36 PVC producing plants, and that 32 others in the industry had records similar to Union Carbide at Texas City, nevertheless determined that the plant's compliance with the OSHA VCM standard posed a challenge which it was prepared lo attempt to meet, and has spent great effort and considerable sums money in doing so. UCC 091812 -17 Furthermore, I have caused a copy of this entire application to be furnished Mr. Teague, as Business Manager of the union, and asked that he discuss it as he deems necessary with his Committee and the employees whom the union represents. I have also caused a notice to be posted, to inform plant employees of this request for a temporary variance from the OSHA vinyl chloride standard, in those areas within the plant where employee notices are normally posted. The notice summarized the application, informed employees that they could examine a copy in our offices, and, in particular, it notified the employees of their right to request a public hearing on the application. VII. The request for a temporary variance from the OSHA vinyl chloride standard as discussed in this affidavit will provide sufficient time as well as relief from the regulation to permit Union Carbide Corporation fully to plan and implement a program of feasible engineering and work practice controls at the Texas City plant for full compliance with the OSHA standard. Subscribed and Sworn to before me l: ' ' ' 76 NotarycPubl'iac i.Urch J3, r,V7 UCC 091813