Document Qk7jDDKMe09Oqjpoqq8yOvQo7

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION HERMAN A. DENDINGER, et al., Plaintiffs, vs* CHRYSLER PLASTIC PRODUCTS CORPORATION, et al.. Case No. C 84-7854 [Hon. Nicholas J. Walinski] RESPONSE OF DEFENDANT CONOCO, INC. TO PLAINTIFFS' INTER ROGATORIES DIRECTED TO ALL PVC MANUFACTURERS Defendants. --0O0-- Now comes defendant, Conoco, Inc., and for its response to plaintiffs' Interrogatories, states as follows: INTERROGATORY NO, 1: Are you a manufacturer of polyvinyl chloride (PVC) resin? ANSWER: No. INTERROGATORY NO. 2: When did you first begin manufacturing PVC resin? ANSWER: 1964 INTERROGATORY NO. 3: Have you manufactured PVC resin continuously since the date indicated in your answer to interrogatory number 2? ANSWER: Yes. Until 1984. INTERROGATORY NO. 4: Indicate the percentage of all PVC resin manufactured by you in calendar year 1967 that was the SAL 000061393 result of the following processes} (a) suspension; (b) emulsion; (c) bulk; or, (d) solution. ANSWER: (a) 100 percent suspension. (b) 5 percent emulsion (1971-1973). (c) None. (d) None. INTERROGATORY NO. 5: Indicate the extent to which the percentages of your total PVC resin output attributed to any of the four processes identified in the prior interrogatory have changed since calendar year 1967, by indicating the specific changes made and dates of all such changes. ANSWER: 5 percent emulsion (1971-1973) INTERROGATORY NO. 6: Did you sell any PVC resin to Chrysler during calendar year (a) 1967; (b) 1968; (c) 1969; (d) 1970; (e) 1971; (f) 1971 [sic]; (g) 1972; (h) 1973; (i) 1974; (j) 1975; 00 1976; (1) 1977; <m) 1978; (n) 1979; and, (o) 1980. ANSWER: (a) - (j) No records available for the years 1967-1975; these records were transferred to Vista Chemical, Inc. in connection with the sale of the chemical division of Conoco, Inc. to that company in 1984. 00 Yes (l) Yes (m) Yes (n) Yes (o) No SAL 0061394 S -2- INTERROGATORY NO. 7 s If your answer to the preceding interrogatory is, in any part, "yes", indicate the total volume of PVC sold to Chrysler during every year that you sold PVC resin to Chrysler. ANSWER: 1976 1977 1978 1979 - 2,157,100 lbs, 6,639,680 lbs. 7,565,710 lbs. 4,958,150 lbs. INTERROGATORY NO, 8: For every calendar year between 1967 and 1980, inclusive, that you sold PVC resin to Chrysler, indicate the percentage of such resin which was manufactured by the following processes: (a) suspension; (b) emulsion; (c) bulk; and, (d) solution. ANSWER: From 1976*1979 PVC resin was made by suspension. INTERROGATORY NO. 9: Did you at any time conduct any testing to determine the concentration of vinyl chloride monomer contained in your PVC resin at any time following manufacturing? ANSWER: Yes. INTERROGATORY NO. 10: If your answer to the preceding interrogatory is "yes," indicate: (a) what testing was done; (b) SAL 000061395 when such testing wes done; (c) who conducted the testing; and, (d) what the results were* ANSWER: Employees exposed to PVC resin at the plant were monitored and tested for vinyl chloride monomer. See response to Request for Production No. 5. INTERROGATORY NO. 11: For every calendar year in which you sold PVC resin to Chrysler, indicate what percentage of the PVC resin sold was: (a) homopolymer; (b) copolymer; or, (c) terpolymer. ANSWER: All PVC resin sold was homopolymer. INTERROGATORY NO, 12s With respect to every sale of PVC resin from you to Chrysler, indicate the date on which such resin was manufactured and the date on which such resin was shipped to Chrysler. ANSWER: See the documents produced in response to Request for Production No. 1. No other records of manufacture and/or shipment are available. INTERROGATORY NO. 13: Did you, at any time, notify Chrysler of any studies indicating that vinyl chloride monomer was: (a) hazardous to human health or (b) that vinyl chloride monomer was a suspected carcinogen? -4- SAL 000061396 ANSWER: No specific letters, notification or correspondence could be located from review of records. However, after the OSHA VCM Standard (1910.1017) was promulgated, PVC containers were labeled with the required VCM warning: PVC contains vinyl chloride. Vinyl chloride is a cancer-suspect agent. INTERROGATORY NO. 14: If your answer to the prior interrogatory is "yes," state in full, the date and substance of every such notification to Chrysler. ANSWER: See response to Interrogatory No. 13. INTERROGATORY NO. 15: When did you first become aware of any study indicating that vinyl chloride monomer was a suspected carcinogen; or, (b) hazardous to human health? INTERROGATORY NO. 16: What steps were taken by you prior to, or during the course of, your sales of PVC resin to Chrysler to determine the concentration of residual vinyl chloride monomer in said resin. ANSWER: Laboratory tests were performed to determine residual vinyl chloride monomer in PVC resin. INTERROGATORY NO. 17: What steps were taken by you prior to, or during the course of, your sales of PVC resin to -5- SAL 000061397 Chrysler, to determine whether any component of that resin was an actual or potential carcinogen? ANSWER; Conoco does not manufacture all of the components of its PVC resin. However, preventive measures such as personal hygiene and monitoring of work sites were implemented. INTERROGATORY NO. 18; Did Chrysler, at any time, ever ask you whether you were aware of any studies indicating that exposure or overexposure to vinyl chloride monomer posed any actual or potential human health hazard? ANSWER; No record. INTERROGATORY NO. 19; Describe the steps taken by you subsequent to January, 1967 to reduce the concentration of residual vinyl chloride monomer in PVC resin manufactured by you. ANSWER; Prior to 1973, the concentrations of VCM in the PVC resin were reduced by recovering unreacted monomer from PVC resin with pumps and compressors. The recovered VCM vapor was then condensed and recycled so that concentrations of VCM were in the range of 500 to 5000 ppm at the time of shipping, and less than 1000 ppm when received by the customers. In early 1974, recovery of VCM from PVC resin was done by increased temperatures and inhibitors which reduced the VCM to approximately 200 ppm. -6- 39s 000^ In February 1975, because of continued optimization or steam stripping, VCM concentrations in PVC resin were approximately 10 ppm, and 2 ppm in Hay 1976. In May 1976, through sparging air into slurry tanks ano\ resin silos and by changing the suspending agent in the polymerization process, VCM concentrations in FVC resin were reduced to 1 ppm or less. / See the Response to Request for Production No. 5. INTERROGATORY WO. 20; State the full name, home address and business address of your employee who is most knowledgeable concerning the residual concentrations of vinyl chloride monomers in the PVC resins manufactured by you between January 1, 1967 and December 31, 1980. ANSWER: No single person would satisfy this request. Various chemical and technical personnel at the Manufacturing and Research and Development facilities were involved actively in measurement of VCM in PVC resin between 1967 and 1980. -7- SAL 000061399 STATE OF TEXAS COUNTY OF HARRIS S s S AFFIDAVIT I, Merrill E. Fliederbaum, being duly sworn according to law, depose and state that I am employed as an attorney by Conoco Inc., a defendant in the action styled: Herman A. Dendinger, et al vs. Chrysler Plastic Products Corporation, et al.. Case No. C-84-7854, in the United States District Court for the Northern District of Ohio Western Division, and as such I am authorized to make this affidavit on behalf of defendant Conoco Inc. In 1984 Vista Chemical Company purchased certain of the assets of the Conoco Chemicals Division. At that time, records including sales records of polyvinyl chloride, were transferred to various locations of Vista Chemical Company. Pursuant to Plaintiff's Request For Interrogatories in this case, 1 instructed my Legal Assistant, Nicky Khan Smith, to contact various employees of Vista Chemical Company to obtain specific information as requested in each interrogatory. Conoco*s answers to the Plaintiff's Interrogatories are based on the information provided by Vista Chemical Company, and the facts set forth in the foregoing Answers of Defendant, Conoco Inc. to Plaintiff's Request for Interrogatories are true and correct to the best of my knowledge, information and belief. Merrill E. Fliederbaum Attorney, Conoco Inc. SAL 000061400 Sworn and subscribed before me, the undersigned authority, this Sits day of September, 1986. e-./SLj.. A&L Notary Publictj My Commission Expires: ERIC E- CHIARIZIO Notary Public, Stale of Texet My Commission Expires 3-26*89 SAL 000061401 Of Counsel For Defendants The BFGoodrlch Co., The Goodyear Tire 6 Rubber Co., Firestone Tire Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., and Diamond Shamrock. Corp.: FULLER & HENRY 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Robert A. Bunda 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Telephone: (419) 255-8220 Attorney for Defendants The BFGoodrich Co., The Goodyear Tire 6 Rubber Co., Firestone Tire fc Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., and Diamond Shamrock Corp. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Responses to Plaintiff's Interrogatories Directed to all Defendant PVC Manufacturers was mailed by United States mail, postage prepaid, to Kirk J. Delli Bovi, Esq., attorney for plaintiff, at his office located at Murray fc Murray Co., L.P.A., 300 Central Avenue, Sandusky, Ohio 44870, and to defense counsel as set forth / -/(/ in the attached Schedule of Service this / / day of November, 1986. .^ An Attorney for Defendants The Goodyear Tire Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, and Diamond Shamrock Corp. SAL 000061402 SCHEDULE OF SERVICE M. Donald Carmin, Esq. 600 United Savings Building Toledo, Ohio 43604 Attorney for Defendants Chrysler Plastic Products Corporation Norman P. Phillips Albert W. Cramer Robert D. Gustine William C. Holsapple Ron C. Abbott Willis P. Jones, Jr., Esq. 200 Toledo Legal Building 416 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant DiversiTech General, Inc. S. Stuart Eilers, Esq. Douglas N. Barr, Esq. Timothy J. Coughlin, Esq. 1100 National City Bank Bldg. Cleveland, Ohio 44114 Attorney for Defendant Stauffer Chemical Company H. William Bamman, Esq. 414 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant A. Schulman, Inc. Ellis F. Robinson, Esq. 610 United Savings Building Toledo, Ohio 43604 Attorney for Defendant Shintech, Inc.