Document Rar5dV3D1ZRopaxjaKrNV2zL8

TO Distribution FROM: DATE: W. S. Call June 15, 1989 I9II9IUIIM Communication SUBJECT MINUTES OF 1989 ENVIRONMENTAL MEETING APRIL 27 AND 28 Attached are the minutes of the 1989 Environmental Meeting. Action steps are listed in Attachment 1. A list of the persons who attended is listed in Attachment 2. W. S. Call Process Engineer PED - Houston Distribution: Aberdeen - FGJ RBN RWS Baltimore - DLM LRB Blane - GW Hammond - MT GL JBM LCCP - JRA MGH JP JCS KT JF LCLAB - AAS JMM JWW LCVCM - SAR ERT RAC OKC - AJW HDG R&D - SJE AMN RBM VWW Houston Environmental - TGG JCL MMG AJO Legal - WLM DLC CDM Engineering - GEH TWH MTW WSC Public Relations - DLT JCB Operations - RDG Manufacturing - THH JAD BRBM Administration - GGD PG VAB.0001126331 m ,, i Mi- -f 1989 ENVIRONMENTAL MEETING MINUTES The agenda for the meeting is in Attachment 3. Opening Statements - Debs Vista has been in a reactive mode until recently? now Vista is trying to be more proactive in environmental issues. As a result of last year's meeting, two teams were formed to study environmental issues: the environmental manpower team and the environmental careers team. Their progress will be reported later in these minutes. Historically, environmental issues were the realm of the plants only, but Vista is moving toward environmental awareness throughout Vista. The Environmental Policy Statement is a step in that direction. Vista joined the Chemical Manufacturers Association (CMA) mainly for environmental reasons. The CMA has started a national initiative in the environmental area. The CMA developed a set of principles called Responsible Care and requires all of its members to sign a pledge to abide by the Responsible Care principles. John Burns has signed the pledge for Vista. The Responsible Care principles are in Attachment 4. Now Vista must develop a Vista environmental policy Responsible Care/Environmental Policy - Tom Gmmbles. Houston The Vista environmental policy was presented. A draft of the policy is in Attachment 5. This policy has been reviewed by several Vista management, environmental, and plant management personnel and has been generally accepted. The policy will go to the Board of Directors in July 1989. The main idea of the policy is to make environmental issues an integral part of our daily business evaluation, strategies, and operation. Waste minimization used to be a rarity in the chemicals industry; now waste minimization is business as usual. For waste min to work, the efforts must be in line organization and must have goals. Vista must 1) define wastes to be reduced and 2) set goals for reduction. VAB.0001126332 Community Relations - Dave Mahler. Baltimore and Mike Haves. LCCP The Baltimore plant began a community relations effort. The plant developed a "Citizen*s Guide to Vista Baltimore," which presented information about the plant's environmental improvements. The plant sent this literature to legislative leaders and invited the legislative leaders, Baltimore City PR persons, and environmental leaders to tour the plant. Even those persons who did not accept the invitation to tour were impressed with Vista's approach. The.City of Baltimore wants 1) continuous improvement and 2) emission levels based on hard numbers and actual The Baltimore plant began the community relations effort independent of other companies in the community. The other companies in the community have the attitude that they do not need to do anything more than what they are doing because they are safe enough. The other companies are afraid of Vista's progress because they feel that they will be expected to follow suit. The Chemical plant looks for community relation actions that it can take to benefit both the community and the plant. One such action is the "Adopt a School" program. In the 1990's Louisiana chemical plants will have to make environmental decisions jointly with the community in public forums, and both the plant and community will share ownership of the decision. Fugitive Emission Bagging - Frank Jeanson. Aberdeen Har , OKC. Karl Tavlor. VCM Fugitive emissions bagging will provide lower actual amounts of emissions for SARA 313 reporting than using regulatory factor methods. Vista conducted bagging at the Aberdeen, OKC, and VCM plants. The results of the bagging show that equipment really discharges less emissions than the default zero value that the regulations use. The results also show that leaking valves and fittings are not leaking as much as the SOCMI and other factors show. VAB.0001126333 h Environmental Project Justification - Debs Gamblin. Houston The problems here are: 1) What to do to get approval for environmental projects which are not required by the regulations? 2) How to keep the Vista capital budget above the acceptable IRR point if all environmental projects are rolled into the budget? 3) How to keep employees interested in environmental work? The team was developed in July 1988. The problems relative to environmental careers that the team uncovered were: 1) lack of advancement opportunities, 2) underutilization of environmental expertise, and 3) too reactive, not proactive enough. Team recommendations for solving these problems are: 1) make an environmental steering team, 2) establish technician positions, 3) make a technical ladder, and 4) train employees for succession. Management is evaluating these recommendations. Environmental Manpower Team Houston The team was developed after last year's environmental meeting. The team studied Vista's environmental manpower needs and issued their recommendations in a report. Their recommendations involve adding regular and temporary employees to certain plants, R&D, and S&T. Organic Toxicity Characteristic - Joe Ledvina. Houston The organic toxicity characteristic is a test to measure if a waste is hazardous. It will replace the EP toxicity test. The proposal for the regulation specifying OTC is expected in 8/89, and the final regulation is expected in 12/89. you have an OTC waste, you will have six months to comply with all hazardous waste management requirements. Exceptions are that you will have one year to comply if l) you have been VAB.0001126334 ft managing the OTC waste in surface impoundments or 2) you generate < 1000 kg/month of both new OTC waste and other hazardous waste. This is the time for the plants to decide if they have OTC wastes and if their treatment system is a hazardous waste facility. If they have an OTC waste, a form must be completed and filed with the regulators. After filing the form, the plant has 2 to 3 years to remove the OTC waste or retrofit the waste treatment facility. LCCC Black Box The background, results and next major steps of the project Bill proposed that Vista keep track of penalties and document them. The group agreed. Bill will compile data for fiscal years 1989 and 1988. In 1990 the plants will start documenting and give the data to Bill. Aquatic Toxico Allen discussed the bioassay procedures from sample collection to data interpretation. Attachment 6 contains figures of two of the test organisms and descriptions of the test methods. The existing Biotoxicity Team will share its information about bioassay labs with the plants. Training Project - Bill McClain. Houston The results of the survey on the necessity of environmental training were: 3% 37% 60% - training not needed training would be helpful training would be essential. Everyone surveyed felt they should attend the training and that everyone else should also. The goal of the training program would be to measurably increase environmental issue identification and proficiency VAB.0001126335 throughout the company. Each course will be tailored to its audience -- plant, engineering, S&T, and R&D. The first class will be Engineering in Houston. A pre training and post-training test will be given. The public relation and training departments may be able to help develop the classes. Bill McClain and Joe Ledvina will build a library of recommended environmental reading in Houston and will distribute a list of the books to all non Houston locations. Inspections - Dave Cohen. Houston The EPA or State eventually inspects all facilities. Before an inspection, a plant should practice good housekeeping and record keeping. Dave Cohen discussed the dos and don'ts during an inspection. Resources. White Books - Joe Ledvina. Houston The white books received mixed reviews on usefulness. Jackie O'Connell and Carla Musico will assess the needs of the plants for environmental regulatory resources. Other Business. Open Discussion Audits The group discussed the need for more audits. The Environmental Manpower Team recommendation includes a full time environmental position responsible for audits. Vista Corporate or Contract Environmental Sue Rey had heard chief chemists in Lake Charles comment that Vista needs its own environmental lab in order to have the capability and capacity for the new tests that will be required in the future. Sue Rey and Dave Mahler will define the potential need of a Vista internal or contract environmental lab and will gather data from the chief chemists regarding the chief chemists1 future environmental testing needs. The 1990 Environmental Meeting Next year's meeting will be held Ledvina and Mike Hayes will work agenda. in Austin, Texas. Joe on developing the 1990 VAB.0001126336 fiTTACHfiA N7~ i- TO: 1989 Environmental Meeting Attendees InttfoWct Communication FROM: DATE: SUBJECT: Wendy S. Call, Houston May 2, 1989 ACTION STEPS OF THE ENVIRONMENTAL MEETING IN SAN ANTONIO -- APRIL 27 AND 28 The following are the action steps that were developed in the environmental meeting. The minutes of the meeting will be distributed at a later date. ACTION STEP Vista Environmental Policy Statement. Provide comments to Tom Grumbles by May 26 regarding these three issues of the policy statement: 1) quantitative financial impact, 2) manpower and other resources, and 3) interpretive guidelines or boundaries around the policy statements. RESPONSIBILTY EVERYONE Enforcement Tracking. Bill will complile data for fiscal years 1988 and 1989 and put the program in place in 1990. WLM Biotoxicity Team Lab Recommendations. The biotoxicity team will share its recommendation of bioassay labs with the plants. SAR Library of Environmental Reading. Bill and Joe will build a library of recommended reading in the Houston Legal/Env. depts. and then distribute the list of books to all plants and R&D. WLM/JCL Regulatory Resources. Jackie and Carla will assess the needs of the plants for regulatory resources. AJO/CDM Agenda for the 1990 Environmental Meeting. Joe will head the effort to develop the 1990 agenda with assistance from Mike. JCL/MGH 7. Internal or Contract Environmental Lab. Sue and Dave will define the potential need of a Vista internal or contact environmental lab and will gather data from the chief chemists regarding the chief chemists* future environmental testing needs SAR/DLM Wendy S. CarK DISTRIBUTION: Attached VAB.0001126337 ATTACHMENT 2 PERSONS WHO ATTENDED Frank Jeanson Rendall Newton Bob Seymour Baltimore Dave Mahler Ron Bauer Blane George Williams Hammond Matt Tonkovich Gina Lakich John Maher LCCP Rusty Arnold Mike Hayes Julie Peterson Jim Shamburger Karl Taylor John Friend LAB Tony Salah Mike McHugh Joe Ware VCM Sue Rey Ed Taylor Dick Conrad OKC Andy Wiles Harry Garrison Premiere Paul Gowan R&D Sheila Edgmon Allen Nielsen Robert Martin HOUSTON Env i roilmental Tom Grumbles Joe Ledvina Jackie O'Connell Legal Bill McClain Dave Cohen Engineering George Hopkins Tom Heller Wendy Call VAB.0001126338 Public Relations Diana Thomas Chris Bozman Operations Debs Gamblin Manufacturing Tom Huffman Jim DeBernardi Betsy Meyer Administration UUlliUlHiimp - 'MiikiilMn jpmi r ; VAB.0001126339 AtTACH-M^T 3 THURSDAY, APRIL 27, 1989 AGENDA 7:30 Continental Breakfast 8:15 8:30 Introduction, Announcements d Environmental Policy/Responsible Care 9:30 Waste Minimization: Discuss Goals for Each Plant 10:00 Break JCL RDG/TGG ALL 10:15 10:45 Community Relations h Fugitive Emission Bagging 11:30 Environmental Project Justification 12:00 Lunch DLM/MGH OKC/ABER/LCVCM RDG/ALL 1:00 Rfiviev of Careers and Manpower Team Reports 1:30 Organic Toxicity Characteristic 2:00 LCCC Black Box 2:30 Break J CL/TGG J CL/ALL JCS 3:00 Enforcement Tracking 3:30 Aquatic Toxicology/Biomonitoring 4:30 Adj oum WLM AMN 6:00 Cocktails 7:00 Dinner - Speaker Jim Ball h VAB.0001126340 3_ Attachment u>nt. FRIDAY, APRIL 28, 1989 AGENDA 7:30 Continental Breakfast 8:15 Review 1988 Environmental Meeting Action Items 8:30 Training Project 9:00 Inspections 9:30 Break 10:00 10:30 Resources, White Books L Other Business - Open Discussion 11:30 Adjourn JCL JCL/WLM DLC/WLM ALL h VAB.0001126341 Attachmsa/t ^ Guiding Principles for RESPONSIBLE CARE A Public Commitment Aa a member of the Chemical Manufacturers Association, this company is committed to support a continuing effort to improve the industry's responsible management of chemicals. We pledge to manage our business according to these principles: To recognize and respond to community concerns about chemicals and our operation* To develop and produce chemicals that can be manufactured, transported, used and disposed ofsafely. To make health, safety and environmental considerations a pri ority in our planning for all existing and new products and processes. To report promptly to officials, employees, customers and the public, information on chemical-related health or environmental hazards and to recommend protective measures. To counsel customers on the safe use, transportation and disposal To operate our plants and facilities in a manner that protects the environment and the health and safety of our employees and the public. H To extend knowledge by conducting or supporting research on the health, safety and environmental effects of our products, processes and waste materials. H To work with others to resolve problems created by past handling and disposal ofhazardous substances. To participate with pwnwmiMmt and othc i'B in nrraliiig ranmnsifilQ laws, regulations and standards to safeguard the community. B To promote the principles and practices of Responsible Care by sharing experiences and offering assistance to others who produce, handle, use, transport or dispose of rfwmuVnlia- h VAB.0001126342 A CONT RESPONSIBLE CARE A Public Commitment SUMMARY DESCRIPTION Responsible Care Program Elements A he Guiding Principle* for Responsible Care ofChemicals is a statement of commitment by each member company to fully support a continuous effort to improve the industry's responsible manage ment of chemicals. Each member company will pledge to operate according to the principles statement and will sign to that effect. This signed statement will be considered an obliga tion of membership in CMA These guiding principles are based on CMA's 1983 policy state ment on heaitn. safety and the environment and They also incorporate guidance received from member company executive contacts. Following association adoption of the guiding principles, various CMA committees will begin development of Codes ofManagement Practices. Each set of management practices will focus on a different concem.Impetus for developing an individual Code of Management Practices will come from either an industry belief that there exists a substantive need to take voluntary action or a substantial public concern to which the industry should be responsive, or both. Initially, code packages will be considered for CAER, transportation, release reduction and management, and plant operations. Based upon the implicit obligations of the guiding princi ples, the Codes of Management Practices will be designed by identifying expected management practices as objectives rather than prescribing any absolute or quantitative standard. Sincethe codes are intended to serve as objectives, they will complement any_ existing member^company programs orjpractices that achieve the same nsible Care_w__il_l therefore an >xisting rtnmpflny pm. duplicative overlay. Each Code of Management Practices will be approved by the board after the opportu nity for comment by all member companies. Another important element in the Responsible Care initiative is a Public Advisory Panel, which will be composed of a cross-section of environ mental, health and safety thought leaders. The panel will be an industry (CMA) effort, not a company responsibility. It will be assembled and moderated by an experienced facilitator working at the association's direction and will servelo assist the industry in identifying and developing programs and artirmq that are responsive tn_piihlio.concerns and viewed as . Meeting several times a year, the panel will re which CMA requires comment and advice as well as to discuss subjects that panel members believe require industry response. The panel will critique (but not approve) all proposed Codes of Management Practices and is expected to provide early definition of public concerns involving the chemical industry. Community Advisory Panels at the local or regional level can serve companies and the industry in a simi lar manner. They will be called for as a mile post of a "CAER Code of Management Practices'' and CMA will offer support to facilitate compa nies' formation and operation of these local panels. Effective performance evaluation is a critical element of Responsible Care. Member Conuxwv Self-Evaluation* ofManagement quantitative results, will be necessary to meet three vital objectives. In order to build a collective record of tangible improvement in the responsible man agement of chemicals, specific management practice codes may call for CMA to collect and maintain statistical trends from data that mem bers currently make available to governmental organizations. Details of quantitative trend sta tistics programs will be defined by task forces eveloping the respective management practice code package. VAB.OOOl126343 ----- ---------------------- _* 4 Coht, /r SUMMARY DESCRIPTION (Continued) A Two additional objectives are served by Member Company Self-Evaluations of Management Practices. The first is to provide feedback from the membership on the value and relevanceof codes of management practices and on any additional CMA support activities that mav be needed. Second, such evaluations, along with quantitative trend data, will .build CMA nee on behalf of its mem bers in dealing with government, the public and other external groups. Each management practice code will contain definition of management practice "progress mileposts* that member companies will use to measure and evaluate their performance ver sus the commitment. Details of the member management practice evaluation program will be developed by a designated work group for the board of directors' consideration and approval. The work group will be requested to define the mechanics of a practical system based on mem ber company self-evaluation of their progress. Evaluations will be coordinated through the member companies' executive contacts and will be designed to maximize the value to compa nies' efforts to improve their performance. Due to their varying size and circumstances, member companies will not be expected to be at the same level of performance for each Code of Management Practices at the same time. However, it will be expected that each member company will be able to report continued progress. To facilitate and support each member com pany's continual improvement in responsible management of chemicals. Executive TifH<jnmbip will be formed to provide an opportunity for executive contacts to periodically and share experiences with each other that have been successful. These regional groups of ten to twenty executive con tacts will meet several times a year to review Codes of Management Practices under develop ment, discuss members' progress on existing codes, identify areas where individual compa nies need assistance from CMA or other compa nies, and to address other priority industry issues. Understandings developed during these meetings will be reviewed and acted on by the association's officers, executive committee and board of directors. Endorsement of the Responsible Care initiative will be an Obligation ofMembership in the asso ciation. Each member company's executive contact is expected to make a commitment to Responsible Care by: a) signing the Guiding Principles for Responsible Care of Chemicals statement; b) communicating the commitment to Responsible Care to employees; and c) instructing management to make good-faith efforts to implement the Codes of Management Practices, participate in the self-evaluation pro cess, and meet the expectations of the Responsible Care Program. A member company's obligation to Responsible Care applies to those segments of the company's operations included in the CMA dues base (CMA Definition of Chemical Sales). Member companies are also expected to par ticipate in the development of the codes and pro grams. The Codes of Management Practices are intended to include mileposts that provide a road map for responding to industry priorities and the public's concerns. Member companies are expected to make good-faith efforts to move up the milepost ladder and meet the expecta tions of the Responsible Care initiative. In an extreme case, where a member com pany has consistently not conducted its opera tions in accordance with the guiding principles and program elements of Responsible Care, association representatives will meet with the member company's executive contact to seek the company's positive involvement in the program. If this fails to produce a commitment to pursue the objectives of Responsible Care, the executive committee and board could take appropriate actions including the disassociation of the com pany from membership after due process requirements have been met. I i i I t i i i A.4 Cowr. RESPONSIBLE CARE A Public Commitment QUESTIONS AND ANSWERS All About Responsible Care Q. Who had the idea for the Responsible Care initiative? A. Executives of the Canadian Chemical Producers Association (CCPA) began devel oping the concept in 1984. CMA became aware of Responsible Care in 1986 when adopted by CCPA. It was brought to the attention of CMA's Public Perception Committee by executives of companies with Canadian operations. The Public Perception Committee investigated its potential for the U.S. industry. Q. How is this different from what we are doing now? A. In many ways it is not. CMA's I Community Awareness and Emergency | Response program. Air Quality, Waste Minimization, National Chemical Response and Information Center and other pro grams are vital parts of the Responsible Care concept. The difference comes in pull ing them all together in one initiative sub| scribed to by every CMA member company | and supported by well- researched and ' developed instructional materials. This ! results in a broad chemical industry com mitment to improve performance through a process that ensures responsiveness to the ; public's concerns. Q. Why do we need to do anything? A. Because in spite of past efforts there still are too many incidents involving chemical operations. Politicians and government reg ulators will respond to the public's concerns about chemicals and our industry if we do not respond first. Indeed, the potential for a web of legislation and regulation that, in effect, licenses the industry -- much like the nuclear power industry -- is quite possi ble unless the chemical industry takes action on its own behalf. I 4 / P t I I Q. Isn't there some other way? We are f 1 4 already doing a lot; can't we just communi cate this? A. The Public Perception Committee has considered a variety of options and has con- i eluded that we don't have a public relations problem; we have a performance problem. Public concerns are genuine. We have to effectively respond to them through improved performance. It is clear that the public's expectations are not being met on a performance basis. Until we truly under stand public concerns and begin to address j them from a performance standpoint, we can't possibly improve the general public's perception of our industry. Q. Who prepared the draft principles and what are they based on? h I- A. The draft principles are based on CMA's 1983 board-approved policy on "Health, Safety and the Environment" and the Canadian Responsible Care principles. They are consistent with both. They were prepared by representatives of CMA mem ber companies and approved by the board of directors. Q. Why do we think Responsible Care will work? A. Since Responsible Care is based on concepts proven in both the Canadian experience and CMA's CAER and other programs, we have confidence that it can achieve improved industry performance. Once we demonstrate and document improving performance, we can look for ward to improved public perception and a better regulatory climate. j VAB.0001 126345 A 4 CotJT * QUESTIONS AND ANSWERS * ! (Continued) i I li t i i Q. How much will Responsible Care cost Q. Why should a commitment to CMAand the member companies to Responsible Care he an nhligntinn nf implftiiwnt? membership? A. There will be some additional costs to the A. Public concerns about chemicals and the association to administer the initiative and industry are the result of collective experi to carry out some of the proposed program ence with the entire industry. If we are to be elements such as the public advisory panel, effectively responsive to public concerns, we self-assessment process. Codes of must act as a total industry. Responsible Management Practices development, and Care must be visibly working throughout the support program of workshops and pub the industry and, therefore, must be both a lications. Some of these costs can be offset commitment and a membership obligation against revenue from workshops and the of every company in the association. It is sale of material. But there is no doubt that critical to achieve the cultural change costs to the association will increase by needed for the industry to improve perfor some significant level. mance in a responsive manner. The public More significant than CMA dues are the must perceive that we are living up to our resources needed from member companies, commitment. both in terms of the "sweat equity" of partici pants in the development and support of the program and in the people and dollars necessary to make the initiative "live" in each company. These costs have not been ; quantified, but they are likely to be small compared to uncontrolled regulatory bur dens that appear to be the alternative. In addition, these costs, whatever they are, | will be incurred over an extended period of | time. Q. Can we legally make Responsible Care a condition ofmembership? When and how would we enforce that rendition? A. Membership removal would be contem plated only in an extreme situation where a member was simply not demonstrating good-faith efforts to make progress in the program. But in such a case, and as long as that member was given "due process" -- an opportunity to rebut charges and a hear ing -- the association could lawfully eject a : Q. Who will develop the Codes of member. i Management Practices? How will companies have input? | A. Codes of Management Practices will be developed through CMA's existing commit- 1 tee structure, using the best resources of the industry. The committees will seek broad membership participation, review and input, as well as that of the public advisory panel. Each Code of Management Practices will receive careful review by CMA's execu tive committee and the full 49-member board of directors prior to its adoption. Member companies will also have the opportunity to review the Codes of Management Practices and express their views to the board before consideration. The Office of General Counsel, with guid ance from outside counsel, is developing suggested criteria and procedures that could lawfully be employed in the unlikely event the association would need them. Q. Is there danger that we are forming a model for future legislation and regulation? A. Increased regulation is spurred by poor performance -- not improvement. A very positive result of our adopting Responsible Care should be for its meaningful and workable practices to be reflected in any leg islation or regulation that the public endorses through government action. I 4 t I ,0001126346 4- At 4 CowT r QUESTIONS AND ANSWERS (Continued) | Q. Isn't it likely that Codes of Management I Practices will be characterized as industry ; standards and used against individual companies in litigation? A. In today's climate it is not possible to pre dict for certain that someone will not try to use these practices as "standards." But there are a number of things that make that very unlikely. First, these practices are not standards; they are objectives toward which all mem bers will be striving, from different starting points and inevitably at different paces. The documents describing the practices them selves will make that clear. Second, the practices will have been devel oped carefully with broad-based input from CMA members. This will help ensure that they embrace the broadest range of activities appropriate to practice, while still serving to encourage a continual improvement of performance. I Third, counsel from member companies, | outside firms or CMA staff will participate : at the concept development, drafting and implementation phases of each manage| ment code. This will help ensure that poten| tial legal problems are avoided and that | useful, appropriate options are identified. Fourth, the use of citizen panels in the i development of these practices will be extremely valuable before-the-fact indica tors of the expectations potential plaintiffs might have of particular practices. We can factor their reactions into the development of each practice. Fifth, in many cases, these practices will ; involve activities prudent companies should be undertaking for the very purpose of mini mizing their liability. And finally, this program does not repre sent the first time the association has decided to accept some legal risks in the larger public interest. Our CHEMTREC program, the Chemical Referral Center, many of our technical resource manuals, Clean Sites, and our special programs all represent choices we have made to further the public interest even while accepting some legal risks. The excellent record we have had in developing and maintaining these programs with few if any adverse legal consequences demonstrates our ability i to protect ourselves even while being progressive. In order to be certain that any legal risks posed by Responsible Care -- to CMA or our member companies -- were manageable and acceptable, the CMA Office of General Counsel obtained a legal review of the pro ject by outside counsel. The following is a j quote from the opinion letter provided: "Almost any new activity undertaken by an organization will result in additional poten tial liability, especially an activity as ambi tious and precedent-setting as the Responsible Care program. However, (identifying areas of potential legal risk) in ! no way do we mean to imply that the risks are too great. On the contrary, we believe that the Responsible Care program is an extremely laudable project mid, if success ful, will stand out as one of the most innova tive and publicly beneficial activities ever undertaken by a trade association. The decision to follow through with the Responsible Care program is of course a business decision to be made by CMA after consideration of all factors, including poten- i tial liability. We have provided (the legal review) to help make that business decision a more reasoned one, but, again, we do not intend to discourage CMA from sponsoring the Responsible Care program nor do we believe the potential liability should be a dis couraging factor." Q. Why have a public advisory panel? A^ It is a key step to regaining public trust. The panel will help the industry identify and develop programs and actions that are responsive to public concerns about specific performance problems. It will show us if we're doing what the public wants us to do. VAB.0001126347 h. 4 CoWT, A QUESTIONS AND ANSWERS (Continued) n f i i i ii I Q. Who will be on the public advisory panel? Who sets it up? Can panel members be A. As envisioned, the public advisory panel will be established by CMA and managed through a consultant experienced in this field. With CMA oversight, the consultants will recruit members to form a cross section of community, health, safety and environmen tal thought leaders. Representation of geo graphic areas and stakeholders important to the industry would also be reflected in the panel. Members will be selected by the consultant, subject to CMA approval. It is expected that members will change from time to time in response to changing needs of CMA and/or performance of individual members. The consultant will handle such changes. Participation on the panel will be defined by an understanding with each panelist, ensuring confidentiality on the important j elements essential to make it a worthwhile j understanding. ! Q. How will performance against the prac tice codes be measured? Who does the meas- i uring and how are the results reported? ! A. Individual company managements will evaluate their own performance against the Codes of Management Practices mileposts i and measurement criteria. Companies will feed this information back to CMA Primary use of such feedback would be to direct the association's support work to areas of the greatest need and highest potential. Over the longer term, these aggregate reports should establish a record of improvement that will give us the ability to communicate our performance to key publics such as the government, the media, our plant commu nities and others. Q. What will CMA do to help companies address the Codes ofManagement Practices? A CMA will develop support programs to meet needs identified by the membership and by the appropriate committees. In gen eral, programs and aids (videotapes, guide- books, educational meetings, etc.) will be similar to the support provided for Title III i and CAER. i Q. How will we publicize thin program to i i improve public perception of the industry? A Responsible Care is not and must not be perceived as a public relations program. It must be an industrywide effort to improve our performance in line with the public's concerns and expectations. We will respond to media inquiries, but we are more inter ested in reporting the improvements that will come. Reporting on these improvements, how ever, will become a critical part of the initia tive. CMA committees are developing ways to separate data about industry perfor 1 r mance that can be used to demonstrate improvement. I I I | i i Q. Given the kind ofdata we are reporting under Title IQ, will the public accept the Responsible Care initiative now? A Disclosures under Title III raise the concern significantly some cases. But the only effective response would seem to be to deal with the concerns through company and industrywide improvements. This is the essence of Responsible Care. The experience in Canada as well as our own in the United States suggests it can work. Q. Will we apply the initiative outside the United States? A. CMA represents North American man ufacturers and can best assist its members in implementing Responsible Care here. However, the initiative is already interna tional in scope. We learned from a two-yearold Canadian effort. Our experience with CAER suggests that good initiatives spread rapidly. The United Nations, with U.S. chemical industry assis tance, has already developed an interna tional emergency response program modeled on CAER. We have already shared Responsible Care materials with counterpart organizations in Australia, Europe and Japan. 5ATfACfiM Ztrr Vista Environmental Policy March 27,1989 DRAFT4 h Vista Chemical Company produces and transports chemical products that can potentially impact the environment in the communities in which we conduct business. Vista believes that compliance with all laws and regulations related to environmental quality and public health protection is a minimum standard of acceptable practice. Vista Chemical Company is committed to improving Vista's environmental protection efforts to achieve performance levels exceeding those required by law. Vista recognizes the responsibility we have to our employees, the surrounding communities, customers, carriers, contractors and government agencies to conduct our business activities according to the following environmental principles: Vista will inform and educate employees, surrounding communities, customers, carriers, contractors and government agencies of the health and environmental hazards of the chemicals we make, use and sell. These activities will involve recognizing and responding to community concerns regarding environmental issues. " Vista will continually reduce the risk to employees and neighboring communities posed by chemical substances used, produced and transported within our communities. Vista will continue to reduce the potential for emergencies involving chemical releases that would impact the environment and surrounding communities. Vista will foster and maintain an awareness of and sensitivity to environmental responsibility among our employees through an ongoing internal communication program. Vista will maintain an environmental quality assurance program to ensure that operations are in full compliance with Company policies and procedures, governmental permit limitations and regulatory requirements. Vista will determine how each new or existing product can be made, used, handled and disposed of while protecting employee safety, public health and the environment. Vista will make safety, health, environmental control and waste minimization essential and integral parts of process and facility design, construction and operation. Vista will reduce waste generation in the air, water and soil through employee involvement and the pursuit of source-control technology to reduce emissions from both the manufacturing process and equipment Vista will work with the government and other parties in developing responsible laws, regulations and standards to protect employees, surrounding communities and the environment w March 27, 1989 VAB.0001126349 -pujU-mEHTc* 4 J J * 1 I < A I I Figure 14. Anatomy of female Daphnia pulex (De Geer), X70; A, antenna; BC, brood chanfcer; H, heart; ikt, intestine; L, legs; OV, ovary; P, postabdomen; PC, postabdominal claw. (From Pennak, 1978). Figure 15. Daphnia magna with Figure 16. Daphnia postabdomin. ephippium (sexual egg baphnla pulex: A, postabdomen; case). (From Doma, 1979). B, postaodomihal claw. Oaphnla magna: C, postabdomen; b, postabdominal claw. (From Pennak, 1978) 94 VAB.0001126350 A (o Typical Daphnia Protocol (Either Magna or Pulex) Sample Collection: Clean Containers New: Rinsed with sample before use. Reused: Clean with detergent solution. Tap water rinse. Acid rinse HNO3 or HC1. Tap water rinse. Acetone rinse. Tap water rinse. Dilution water rinse. Ship Fastest Possible Ship iced to laboratory. Stored in refrigerator until use. Must not exceed 72 hours before test is initiated. i' -+'1 1-11 .-Mifc-P- 1 VAB.0001126351 A. e cwr Daphnia Protocol (con't.) Sample received, logged in, identified. Sample wanned to test conditions. pH, D.O., temperature, specific conductivity, hardness, alkalinity measured. Five concentrations (100, 50, 25,12, 6 %) effluent tested. Effluent is diluted with dilution water. h Dilution water - reconstituted water (hard for Daphnia magna 160-180 mg/L Ca CO3). (moderately hard for Daphnia pulex 80-100 mq/L Ca C03.) or Receiving water collected upstream from discharge point. or Nearby tributaries, groundwaters may also be used. VAB.0001126352 A 4? Covt Daphnia Protocol (con't.) At least 20 young (< 24-hour old) Daphnia are exposed to each test concentration. Test systems are incubated at 20C under 16 hour photo period at specified light intensity. -k Renewal (transferred to fresh preparations of test concentrations after 24 hours). Non-renewal (remain in original test systems for entire test). Temperature, D.O., pH, hardness, alkalinity measured at beginning and end. Preferably before neonates are added. End Point: Mortality is measured by loss of movement of body or appendages on gentle prodding. (Battelle seems to believe that even if appendages have minor activity, the organisms are dead.) f 1*' I- "Hi IIIUiI IMP I VAB. A (o CowT Figure 17, Lateral and dorsal view of a typical ays id. (From Stuck et al., 1979). Figure 18. Morphological characteristics used in qysid identification (Mysidopsis bahia). A, antenna 1, ventral sale; B, antenna 2; C, telson; D, right uropod, dorsal. Scale lines 0.5 mm in length. (From Molenock, 1969). \ i 105 fVh Ol j ;,|S l-.pJ I. J|l|,fc,.^Ww ,t - -,1 h iMimi I ....................................... VAB.0001126354 A h C o wt: Collect Sample: Clean container. Ship iced down. Must be used within 72 hours. h Sample Handling: * Receive and log in. Warm to test conditions. Measure water quality parameters - includes salinity. Test Set-Up: Five concentrations (100, 50, 25, 12, 6 %) effluent tested. Effluent diluted with dilution water. Dilution water is natural seawater, or synthetic salt water adjusted to 20 ppt salinity. '4 " 'P - |L^i n --i V-- Hi * ifrUi. / VAB.0001126355 Mysid Shrimp Protocol (con't.) i At least 20 (1-5) day old shrimp exposed to each concentration. Incubate at 20C, feed daily with brine shrimp nauplii. p # Renewal (transferred to fresh preparations of test concentrations after 24 hours. Non-renewal (remain in original test media). Beginning and end of test measure pH, temperature, D.O., specific conductivity and salinity. End Point: Mortality - no movement of body or appendages on gentle prodding. I P--P- riT r !.- T** x wiif* - ->-1 I' ^ ...................................................lb-: VAB.0001126356 Mvsid Shrimp Protocol (con't.l At least 20 (1-5) day old shrimp exposed to each concentration. Incubate at 20C, feed daily with brine shrimp nauplii. * * Renewed (transferred to fresh preparations of test concentrations after 24 hours. Non-renewal (remain in original test media). Beginning and end of test measure pH, temperature, D.O., specific conductivity and salinity. End Point: Mortality - no movement of body or appendages on gentle prodding. r r I - *T H . i . T-! H I .--L- S .. -I- -riHhif LMWFWCri --- lLfe-Pf .-n.lf VAB.0001126357 Vista Chemical Company ENVIRONMENTAL POLICY Vista Chemical Company produces and transports chemical products that can potentially impact the environment in the communities in which we conduct business. Vista believes that compliance with all laws and regulations related to environmental quality and public health protection is a minimum standard of acceptable practice. Vista Chemical Company is committed to improving Vista's environmental protection efforts to achieve performance levels exceeding those required by law. Vista recognizes the responsibility we have to our employees, the surrounding communities, customers, carriers, contractors and government agencies to conduct our business activities according to the following environmental principles: Vista will inform and educate employees, surrounding communities, customers, carriers, contractors and government agencies of the health and environmental hazards of the chemicals we make, use and sell. These activities will involve recognizing and responding to community concerns regarding environmental issues. Vista will continually reduce the risk to employees and neighboring communities posed by chemical substances used, produced and transported within our communities. Vista will continue to take steps to reduce emergencies involving chemical releases that would impact the environment and surrounding communities. Vista will foster and maintain an awareness of and sensitivity to environmental responsibility among our employees through an ongoing internal communication program. Vista will maintain an environmental quality assurance program to ensure that operations are in full compliance with Company policies and procedures, governmental permit limitations and regulatory requirements. Vista will determine how each new or existing product can be made, used, handled and disposed of while protecting employee safety, public health and the environment. Vista will make safety, health, environmental control and waste minimization essential and integral parts of process and facility design, construction and operation. Vista will reduce waste generation in the air, water and soil through employee involvement and the pursuit of source-control technology. * Vista will work with the government and other parties in developing responsible laws, regulations and standards to protect employees, surrounding communities and the environment. i ---------i- i - i*- v.--fr^-r -ii - wpiiti i.fwrl ICll r rp+^tJIlT-lTV VAB.0001126358