Document RDDjxZx6b092LQgbbZ7ZqG3X

the VINYL institute / New York Adopts Combustion Toxicity Tests; Initial Impact Will Be on Vinyl Products New York has become the first state to require combustion toxicity testing of certain building products, a controver sial program which may cause builders to limit the use of PVC and other plastics in commercial construction. Similar pro grams are under consideration in at least eight other states, according to government affairs officials at the Soci ety of the Plastics Industry New York's decision to adopt the longpending program came in a 15-0 vote of the state's Uniform Fire Prevention and Building Code Council on October 23 The regulations require manufacturers of certain building materials to file the results of small-scale laboratory toxicity tests with the state Specifiers will be encouraged to consult this data bank when selecting building products, but will not be required to do so The new program phases in the test ing requirements over a period of three years, beginning with electrical conduit and wire insulation on November 25, 1987, followed by pipe duct and thermal insulation one year after that, and,inte rior finish in the third year The tests will have to be performed by an independ ent laboratory using the method devel oped at the University c; - ttseurgh 5PI estimates that the cost c* c~e test be about S2.500, Final Version Less Onerous Although the Vinyl Ins; tote and S-; expressed their disappo ."t--ent that New York decided to prc.~_ cate the regulation, the final package s not as onerous as it might have oee" accc-aing to Roger Bernstein, a rector of state governmental affairs for SPi "We managed to signer cantly modify the final package." says Bernstein "One key modification <s the allowance of classification testing of sm.ar prod ucts by a single test. This should greatly mitigate the cost of compl ance The final package also includes an amend ment requiring the council to ssue a disclaimer with any informaron they release. The disclaimer states that the toxicity test results do not by tnemseives define the safety or hazard o; materials under actual fire conditions While the new regulation ui; mateh will affect a wide range of clastic mater ''s. the immediate impact w il be fee oo" 'ued cage 2 Plastics industry officials fear that New York s new regulations may cause builders to limit the use of PVC and other plastics in commercial con struction BOR 008624 New YorK ... continued primarily by makers of vinyl products. Electrical conduit and wire insulation, the products that come under the scope of the regulation in the first year, represent two of the largest construction markets for vinyl The Wrong Approach The basis of the plastics industry's opposition to this regulation is that materials-based hazard assessment can lead to the wrong conclusions about the fire risks of different building products "We continue to be e.e that sma. scale toxicity testing, oy tseff. is no; an accurate indication & tre hazard oresented by building rrater.als m a rea1 fire situation," says Roy Gecesman, execu tive director of the V.ny mst-tute "Unless the toxic::-. za:a are inte grated with other factors such as hew fast the material bums "ow much smoke it generates a-c now high :s ignition temperature s -sers of bu a ng materials can be lec :c ''correct -- even dangerous --decisc''s ^eadds "Safer materials mr: actually be ex cluded from building; c> tn s testing Court Upholds EPA on Vinyl Chloride A federal appeals court on November 4, upheld a decision of the Environmen tal Protection Agency relating to emis sion standards for vinyl chloride. In a 2-1 decision, the appeals court decreed that whenever the health effects of differ ent levels of air pollutants are uncertain, the EPA may take into account the cost to industry and the technological feasi bility of complying. The court said that because the ben efits of setting lower levels for vinyl chlo ride were unknown, the EPA was entitled to consider factors other than public health, including a fcm ot cost-benefit analysis. The Nature, Resources Defense Council, the group which chal lenged EPA's handi ng of the regula tions, argued that the Clean Air Act makes health the ony factor that can be considered by EPA n setting stanoards. "This is a significant decision tor producersof vinyl chlorae and PVC, says Roy Gottesman, VI executive director. "We believe EPA is pursu.ng the proper course m considering both cost and technical feasibility in setting clean air standards." Sacramento Rejects Plastic Pipe Ban An effort to ban plastic pipe and conduit in Sacramento, California, has suffered a serious setback The city 's Toxic Substances Committee, which had been asked to advise city council on the proposed ban, voted 7-3 on December 15 to recommend against banning plastic pipe. Following a series of three public hearings and a review of many studies, the committee said that there were no grounds for banning plas tic pipe for installation m potable water distribution systems building sewers, or conduit in electrical installations within buildings. According to SPI. the recom mendation makes it unlikely that propo nents will seek to br.ng the matter to a vote in council PVC Pipe Wins Acceptance in Miami PVC pipe is now being used in new sewer lines laid in the metropolitan Miami, Florida, area, following a study that concluded that vinyl is an accept able -- even preferable -- material for sanitary sewer pipe, 'According to the Dallas-based UniBell PVC Pipe Association, the MiamiDade Water and Sewer Authority reports no substantial problems after one year of use of PVC pipe. The Miami-Dade Authority began specifying PVC pipe after evaluating the findings of an independent engineering report it commissioned. The study, con ducted by Black & Veatch, found that PVC pipe has a number of advantages, including excellent flow characteristics, resistance to the various abrasives found in wastewater, and invulnerability to rust, galvanic corrosion and root intrusion. Per haps the most compelling finding was that PVC pipe has a life-cycle cost of 4 to 23 percent less than clay pipe Uni-Bell, the technical and education association representing the gasket joint, PVC pipe industry, says it expects PVC pipe to account for an increasing percentage of sanitary sewer pipe in the Miami area. The Vinyl Institute is working with Uni-Bell on a joint educa tional program. 2 BOR 008625 dewpoint A Regulatory Tempest Over PVC Packaging A senior partner in the law firm of Keller and Heckman in Washington. D C. Jerome H. Heckman has served as general counsel to the Society c` Te Plastcs Industry for over 30 years His work on behalf of SPI recently earnec " ~ a place in the Plastics Hall of Fame (see VI People, this issue). Here, he discusses the latest developments at the Food and Drug Administration concern rg svC packaging regulations. The use of polyvinyl chloride for food and beverage packaging has endured more than its share of bureau cratic slings and arrows and is once again in the eye of a regulatory tempest This latest brouhaha revolves around the alleged environmental impact of a proposed Food and Drug Administra tion rule confirming the long-established safety of PVC for all food-contact uses. The importance of this proposed rule to the fate of the PVC liquor bottle and the vindication of PVC's good name in all food-contact uses can hardly be exaggerated. Until recently, its finaliza tion within a reasonable period of time seemed a virtual certainty. Unfortu nately, an unexpected flurry of belated and ill-founded comments, primarily with respect to the disposal of PVC waste, threatens to push FDA into a posture where it might be forced to conclude that a full-blown environmen tal impact statement (EIS) must be pre pared. According to some FDAers. this could delay final action on the proposal for three to five years. Back One Year Ago Backtracking to put things in per spective, on February 3,1986. FDA published a proposal to reaffirm the clearance of PVC packaging for all food-contact applications In April, we filed comments which generally sup ported the proposal. In accordance with the requirements of the National Environmental Policy Act, FDA prepared an Environmental Assessment of the PVC proposal in 1985 and concluded that it would have no significant impact on the human environment On the basis of this con clusion, FDA correctly determined that an EIS was not required. By the June 5,1986 comment dead line, not a single public interest group had submitted adverse comments on the PVC proposal. Based on the filed comments and statements by the FDA staff, the proposal appeared destined for finalization by the end of the year But then the Environmental Protection Agency submitted comments which, while endorsing the basic proposal, questioned the thoroughness of the rea soning underlying FDA's conclusion that the new rule would have no signifi cant environmental impact TheEPA comments prompted FDA to solicit comments from environmental groups and state solid waste officials The number of critical comments grew from a trickle to a flood By mid-December over 300 late comments had been sub mitted. virtually all alleging that tne PVC proposal would have a significant impact on the human environment and calling for FDA to prepare an EIS Allegations Are Misplaced Despite the clamor of the EIS propo nents, their allegations of environmental impact from promulgation of the PVC proposal are misplaced Many of (tie continued pat|` b 3 BR 008626 About Very Important People... Jerome H. Heckman, general coun sel to SPI for the past 32 years, has been Inducted into the Plastics Hall of Fame. Heckman has devoted virtually bis entire professional life to representa tion of the plastics industry, serving as counselor and advisor to every chief executive officer of SPI in its history. A senior -- and founding -- partner of the Washington, DC, law firm of Keller and Heckman, he has been instrumental in shaping and implementing the Society 's mission to promote and protect the plas tics industry in the United States, Steven W. Schaefer, chairman of the Vinyl Institute, has been apoo-med executive vice president-Plas: cs & Poly mers for Occidental Chem ca> Corpora tion, He had been senior v-ce tresider of the unit David H. Hall, president c BFGoodrichsGeon Vinyl D v son has been elected treasurer of the \ ".: Institute He succeeds Toac \\a ^er William Shoun, market eg "anaceof Dow Chemical USA has cee" elec ted secretary of the Vmyl ms: :,,.:e succeeding Charles W Mcn:gc`~er\ ; Georgia Gulf Corp who re: me c" December 31, inbrief /The Institute's new market develop ment committee has announced the organization of an ad hoc task force that will focus on expanding the use of vinyl in packaging. The committee is inviting producers of vinyl additives to join the Institute in this effort. An organizational meeting of this task force took place December 9, and Carrie Solin of Rohm and Haas was chosen to head a small group that will develop the initial program As a result of the efforts of the Vinyl Institute, a policy change that would have banned PVC carpeting or underlayment in New York's World Trade Cen ter has been withdrawn by the building's management, the Port Authority of New York and New Jersey, and is to undergo further study. The decision came after discussions with VI executive director Roy Gottesman and technical committee chairman Michael O'Mara AA new brochure about the V Institute combines a thumbna I sketch about vinyl and its uses w=th an over view on the Institute, its preg'ams anc accomplishments Members -T-av find the eight-page piece a goca wav to let customers know how thev are work ing with the Institute to promote \ nyl and vinyl products. Copies are available from VI headquarters l/vViista Chemical Company has carried out an initial public offering of 4 4 million shares of common stock The-ntal offering price was $17 per share and the stock began trading on the New York Stock Exchange on December n under the symbol VC Vista also announced that it has signed a letter of mtent to acquire the PVC compounds bus,ness of BP Performance Polymers |/g Georgia Gulf Corporation has com pleted an initial public offering of tour million shares of common stock The price was $19 50 per share Georgia Gulf was organized in late 1983, the result of a leveraged buyout of the chemical businesses of GeorgiaPacific Corp /The VI executive board has approved the transfer of associate membership in the Institute from the Petrochemicals and Plastics Division of ICI Europe Ltd to European Vinyls Corporation, EVC is a recently established joint venture linking the PVC businesses of ICI and Italy's EmChem, Roberto Rovere. vice president of business development of EmChem Americas, is the new repre sentative to the executive board. /a ' A proposed ordinance to permit the use of plastic plumbing pipe in Chicago was sent back to committee on November 13, probably ending any cur rent chance for enactment According to Dick Church, chairman of the Plastic Pipe and Fittings Association, the pro posal fell victim to Chicago politics Chi cago thus remains the only maior U S city that does not allow plastic pipe m either new construction or rehab work 4 BOR 008627 -Jk Viewpoint...continued comments on the proposed rule, includ ing those submitted by ERA, seriously overestimate the proposal's likely impact on the environment These overstate ments are chiefly the result of false assumptions and factual errors regard ing the present regulatory status of PVC and the effect of the new rule on existing market conditions The maior fallacy expressed by many commenters is the notion that the pro posed rule would authorize major "new" uses of PVC in packaging mate rials and significantly increase the number of PVC articles in the mar ketplace The truth, of course, is that PVC food packaging materials have been used widely and continuously since the 1950s, and the market for such materials will be essentially unaffected by the proposed rule. The use of PVC to bottle distilled spirits is the only real change which finalization of the proposal is likely to occas z~ assuming the liquor incustry ceems *~e package acceptable To date, FDA has on;y bee- -ear ~z one side of the PVC env roome~ta' issue. We are preparing a comcrehersive filing for early January \v~ cn w correct the factual inaccurac as anc erroneous conclusions .\h c*' dole nearly all the pro-EIS cemme-; (De filing will refute the three ma c ropes tion allegations about em. re--enta impact, / e. that FDA c eara-es- of P. C will (1) create an addec o ex * V?.-; air pollution problem <2'' ace; or--alate, adipate, or epox:ceec se. oes~ e : exposure; and (3) jeopa-a re : .era waste recycling and ha-c! ee t the detriment of the public We are hopeful that mese -.mnecomments, plus conferences :h tee FDA officials, will stem per s -c tide favor of an EIS and pu: :ne F`. C pro posal back on course :cr prc~c, rr,a action. It is an action long exe-cue1 M New HCI Research Shows Reduced Hazard Two major research programs that further dispel misconceptions about the performance of PVC in fires are getting excellent coverage in the press, reports communications committee chairman George Snider, Stories have appeared in a number of publications serving the chemical, plastics and construction industries, he notes. In the first study, researchers at the Southwest Research Institute (SWRI) in San Antonio, Texas, demonstrated in large-scale fire tests that hydrogen chlo ride gas quickly disappears from the air in the fire environment. The results were reported in an article co-authored by Christopher Bertelo (Tenneco), Bill Carroll (Occidental), Russell Gardner (Vista), Marcelo Hirschler (Goodrich), Greg Smith (Goodrich) and SWRI The tests showed that hydrogen chlo ride very quickly adsorbs onto nearby surfaces in a fire and is thereby removed from the air The rate of adsorption is en hanced by increased humidity, greater air circulation, and the amount of sur face area present. By contrast, other combustion gases such as carbon monoxide remain stable in the fire atmosphere and thus are likely to travel from the source of the fire to unmvolved portions of a building In the second program, research conducted by SWRI for the Federal Aviation Administration has shown that hydrogen chloride is far less lethal and causes less physical impairment than previously thought. The stuo\ `ounc mat survivability limits for exposure to hycogen chloride are far above the evels eHC1 gas found in the typical f re Earlier research had suggested that as little as 300 parts per million of hyarogen chloride could incapacitate humans. But this theory was based on experimentation with rodents and cer tain incorrect assumptions about those experiments. The FAA study found that baboons -- whose physiology more closely resembles that of humans -- are able to function successfully r, con centrations that were 50 to 100 times higher than what had been proposed as incapacitating The results of the FAA study were reported in an article co-authored by technical committee member Robert K, Hinderer and SWRI "Together," states technical commit tee chairman Michael O'Mara. "these studies provide even more compelling evidence that the presence of vinyl products in the fire environment does not present an unusual hazard to fire fighters or building inhabitants They offer strong independent evidence that hydrogen chloride is not a 'killer gas m fires, as has been charged." B0R 08628 BOR 0 0 8 6 2 9 A division ol The Society of the Plastics Industry, Inc. 155 Route 46 West Wayne. NJ 07470 (201) 890-9299 Members Air Products ami Chemicals Int, Borden Inc CerlainToed Corporation The Dow Chemical Companv Georgia Gulf Corporafion The BFGoodnch Companv Occidental Chemical Corporation PPG Industries, Inc Vista Chemical Company Associate Members. European Vinyls Corporation Vinyl Council of Canada Advisory is published quarterly by the Communications Committee ol The Vinyl JnsMuJe Jo serve as a lorum tor discussion ol key isr.utts alteclmq the vinyl industry today Larry Dieker Borden Inc. 180 East Broad Street Columbus, Ohio 43215