Document VJoMeO1nz8nKOxBqJEZn9Ed4q

jOSC C ACCCCN jCAmC H. NtCRMAN CNAti.CS M. MCCNAN Wikl.>ANM OAOHCSAMI. JA MALCOLM 0. MACAtTNyt WA> NC V. SLACK TCStCMCC O. JOMCS MAAY'N W ACACOVlO JOHN 9 ClOftCO c.f lCPC*CA A. NSOVOtNT CAAOL.C NASSIS MiCHACi. r. MOSSONC ma* 'OK CVCNS JOHN OUACCA AfTC* U. A* CAU* CSHntitlkCtlNv C.Ar.uMjiMCAOOTHoC* LAHACNCC A. NALtt'N AA4.AH A. SIMMONS ACTE* A. SUMCH C. oo-jacA* -JAmmerr SMdLA A M1LLAA MANY HAtTNA MNAMAA JOHN A. AlCMAADS* MCLVIN * OAOXtN rscoCMCH J. Oat. jA.* MAACt C. OACCMSTClN* SUSAN T CONTI SUSAN J. AfSMC* AATAlC* j. MUAO** s. CMaiO TAUTTCST OAV'O N. JCTT MAUMCCN A. O'CONMCU" KANCN C COCLSCAO* NINA M. NST*IN** MASK A. SlCVCNS*" MANY CHAMSCAS OAANOV o TSANKLIN KOOMTC'I CATHCAINC h. aocmca** AOSIAT JCfFACT CACA*** AlCMAAO A. JAPVE* aOMITTCD in ACNNSTUVANIA ONI asmittco in viaoinia onut aSHITTCO IN MAAVIANO ONLY -U5MITTIO IN COLO**DO OMLT LAW OFFICES Keller and Heckman 1150 17*" STREET, N\ V. SUITE lOOO WASHINGTON. D.C. 20036 (202) 950-5600 0% May 9, 1988 tss/u C>/ Hay , v*b sciCNTinc *TArr OANICL s. OlXLCA ouawaao t. oooccn ChaAlCS V. SACOCA AOBCHT A. MATHCWS GO Sr rcuccoMMUNtcAnoNS CMOINCCA CMAAtCS f. TUAHCA tclcx TCLCCOAICA **> CaSlC aOOACS* ACLMANWAITCA'ft OIACCT DIAL NUMSC* (202) 956-5641 Stephen L. Samuels, Esq. Environmental Defense Section Land and Natural Resources Division U.S. Department of Justice 12th & Pennsylvania Avenue, N.W. Room 7202 Washington, D.C. 20530 Re: SPI v. EPA, No. 86-1640 (D.C. Cir.); Joint Motion to Continue Abeyance Dear Steve: Enclosed for your review is a Joint Motion to Continue Abeyance in the above-referenced case. If any changes need to be made, please give me a call and I will forward a revised version to you for your signature. If no revisions are necessary, please feel free to sign the pleading and file it with the Court. We would appreciate a copy of the signed pleading filed with the Court for our files. Thank you for your assistance. Please give me a call if you should have any questions about this matter. If I am out of the office, please ask for Mark Sievers who is assisting me in this case. Cordially yours, /5k Peter L. de la Cruz Enclosures (2) cc: Richard Roos-Collins Robert Brager Robert D. Luss Larry Thomas Robert W. Sherman Roy T. Gottesman, Ph.D. SPI-06212 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT THE SOCIETY OF THE PLASTICS INDUSTRY, INC., THE DOW CHEMICAL COMPANY, GEORGIA GULF CORPORATION AND VISTA CHEMICAL COMPANY, Petitioners v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND LEE M. THOMAS, ADMINISTRATOR USEPA, Respondents ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 86-1640 JOINT MOTION TO CONTINUE ABEYANCE Petitioners The Society of the Plastics Industry, Inc., The Dow Chemical Company, Georgia Gulf Corporation and Vista Chemical Company (hereinafter referred to as SPI) and Respondents United States Environmental Protection Agency and Lee M. Thomas (EPA) respectfully submit this joint report in response to the Court's Order dated April 13, 1988. Since the parties' last filing in February 1988, the parties have resolved all remaining issues and have prepared a draft settlement agreement. The draft agreement is now being circulated for final approval by the appropriate EPA officials. SPI and EPA now anticipate that a final settlement agreement SPI-06213 2 will be signed within 30 days. Therefore, the parties request that the Court hold this case in abeyance for an additional 30 days to allow time for final approval of the settlement agreement. If necessary, the parties will provide a further report to the Court on the status of the proposed agreement at the end of that period. A proposed order is attached. Respectfully submitted, Roger J. Marzulla Acting Assistant Attorney General Stephen L. Samuels, Attorney Land and Natural Resources Division U.S. Department of Justice P. 0. Box 23986 L*Enfant Plaza Station Washington, D.C. 20026-3986 (202) 633-3179 Jerome H. Heckman Peter L. de la Cruz Keller and Heckman 1150 17th Street, N.W. Suite 1000 Washington, D.C. 20036 (202) 956-5600 Richard Roos-Collins Office of General Counsel (LE-132A) U.S. Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 (202) 382-7634 Counsel for Respondents Gary H. Baise Robert Brager Beveridge & Diamond, P.C. 1333 New Hampshire Ave., N.W Washington, D.C. 20036 (202) 828-0200 Counsel for Petitioners Date: May 9, 1988 sp|-06214 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT THE SOCIETY OF THE PLASTICS INDUSTRY, INC., THE DOW CHEMICAL COMPANY, GEORGIA GULF CORPORATION AND VISTA CHEMICAL COMPANY, Petitioners v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND LEE M. THOMAS, ADMINISTRATOR USEPA, Respondents ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 86-1640 PROPOSED ORDER Upon consideration of the parties' joint motion to con tinue abeyance, it is ORDERED that the aforesaid motion is granted and this case shall continue to be held in abeyance for 30 days. It is FURTHER ORDERED by the Court that at the conclusion of this period the parties shall (1) report to the Court on the status of the proposed settlement agreement and (2) file with the Court motions and proposed orders to govern further pro ceedings in the case. For the Courts Dated: By:_________________________________________ SPl-06215 _PA BEFORE THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Hazardous Stfagte Management ) System; Proposed Land Disposal ) Restrictions7 51 Fed. Reg. 44,714) , (Dec. 11, 1986). \J) ) Docket No. F-86-LDR4-FFFFF COMMENTS OF THE SOCIETY OF THE PLASTICS INDUSTRY, INC. I am W.C. Holbrook, Chairman of the Health, Safety and Environmental Committee of the Vinyl Institute. The Vinyl Institute is a division of The Society of the Plastics Industry, Inc. (SPI), a trade organization of more than 1,800 members representing all segments of the plastics industry in the United States. Specifically, the Vinyl Institute represents manufac turers producing 82% of the polyvinyl chloride (PVC) produced in the United States. Many of these same companies also manu facture PVC compounds. Members of the Vinyl Institute include: Air Products and Chemicals, The BFGoodrich Company Borden, Inc. CertainTeed Corporation Inc. SPI-06216 2 Dow Chemical Company European Vinyls Corporation Georgia Gulf Corporation Occidental Chemical Corporation PPG Industries, Inc. Vista Chemical Company The Vinyl Council of Canada Our comments today focus on halogenated organic compounds (HOCs) as that term might be applied to vinyl chloride polymers and PVC compounds. The following points summarize our position: - EPA correctly analyzed Congressional intent not to include polymers such as PVC in the HOC land disposal ban. - Clarifying language in the final promulgated rule is necessary to assure EPA's exclusion relating to polymers. A. PVC Manufacture, Use and Waste Disposal As background to our specific comments on the December 11 regulatory proposal, information about our industry would be helpful. In 1986, domestic production of PVC polymer totalled about 7.2 billion pounds. Modern Plastics, p. 60 (Jan. 1987). SPl-06217 3 PVC is used in diverse and important applications such as medical technology (blood transfusion bags, dialysis tubes, oxygen tents and medical devices), water and sewer pipes, food wrap and bottles, floor and wall coverings, automobile upholstery and trim, phonograph records, and many other items. Id. PVC is prior sanctioned for all food contact applications under the Federal Food, Drug and Cosmetic Act. In 1986, the Food and Drug Administration (FDA) published proposed regulations aimed at reaffirming and codifying the safety for food contact applications of vinyl chloride polymers and copolymers. 51 Fed. Reg. 4,177 (Feb. 3, 1986). PVC's long history of use in food and drug packaging and for medical devices aptly demonstrates the safety of the polymer. Similarly, PVC is cleared by EPA for use in drinking water delivery systems under the Safe Drinking Water Act. Solid waste is generated in the manufacture of PVC polymers and PVC compounds. Much of the 7.2 billion pounds per year of PVC polymer production is subsequently processed to make PVC compounds. The industry, over the last decade, has made great strides in reducing solid waste generation from PVC SPI-06218 4 polymer and PVC compound production. Solid waste generation by Vinyl Institute members has been reduced from approximately 3% of total production to a 1986 level of approximately 0.5%. Even so, approximately 40 million pounds per year of solid waste are generated from PVC polymer and PVC compound production. B. HOC Provisions 1. Legislative Intent Turning now to EPA's request for comments relative to HOCs (51 Fed. Reg. 44716, 44724, 44726 and 44728), the Vinyl Institute generally agrees with statements in the preamble (p. 44724) that the land ban does not apply to polymers, such as PVC. EPA correctly states that Congress did not mean to include in the prohibition every possible HOC, such as polymers, that comprise solid plastics. The legislative history plainly reflects that Congress was not concerned with the land disposal of halogenated polymers, but with the disposal of hazardous wastes that were inherently mobile, toxic, persistent or prone to bioaccumulate. See, e.g., H. Rep. 98-198, Part I, 98th Cong. 2d Sess., at 32-34 (1983) (accompanying H.R. 2867). SPI-06219 5 Early versions of S. 757 and H.R. 2867, which were the primary bills becoming the Hazardous and Solid Waste Amendments of 1984, would have prohibited the land disposal of any "waste" containing HOCs in excess of 1,000 mg/kg. In congressional testimony, SPI noted that this could be misinterpreted to ban the land disposal of halogenated polymers such as PVC. In response to SPI*s comments, the language of the HOC provision was changed to ban only the land disposal of "hazardous waste" containing excessive, free HOCs. Indeed, this has been the intent and practice in California, where PVC polymers and PVC compounds are not banned from land disposal under California law. 2. Definition of HOC The Agency is proposing to limit the definition of HOCs included under the section 3004(d)(2)(E) prohibition to those HOCs which are identified or listed as either a hazardous waste under 40 C.F.R. Part 261 or as hazardous constituents under Part 261, Appendix VIII. While we concur with the approach of having a specific list of what constitutes an HOC, EPA's proposal is likely to SP1-06220 6 subject most PVC polymer waste and PVC compound waste to the land disposal ban if the proposed 50 ppb vinyl chloride monomer extract level is promulgated. 51 Fed Reg. 21,648 (June 13 1986). Our limited data suggests that most PVC polymer waste and PVC compound waste would exceed the 50 ppb VCM threshold limit and therefore would become a characteristic hazardous waste under 40 C.F.R. 261. As a result, PVC polymer waste and PVC compound waste would then be considered an HOC subject to the land ban under proposed section 268.32(d)(2). 51 Fed. Reg. 44,740. A land ban determination should not be based on whether a waste is hazardous but should be based, as Congress intended, upon its HOC impact on the environment. The proposed regulatory language in section 268.32 is ambiguous because HOC is not defined in the proposed regulations and the preamble discussion does not resolve this question. An alternative reading of the proposed rule is that halogenated polymers are not "HOCs" as defined by EPA. Under this reading, halogenated polymers would be subject to the proposal only if they contain some HOC which exceeds the 1,000 mg/kg limitation. If PVC polymer per se is not an HOC, it would not be subject to the proposal. However, if PVC polymer waste or PVC compound waste contained some constituent causing SPI-06221 7 it to be a hazardous waste by defintion and if it also contained an HOC in excess of 1,000 mg/kg, the waste would then be subject to the land ban. To correct any confusion that might exist, EPA should clearly state in the preamble to the final rule that: (1) halogenated polymers themselves are not HOCs; and (2) waste halogenated polymers, like any waste, would be subject to the land ban only if it is hazardous waste and the TCLP extract contains HOC in excess of the 1,000 mg/kg limitation. In addition, a definition of HOC should be added to 40 C.P.R. section 268.2. 3. Mandatory Incineration Not Justified EPA has technical as well as legislative justification for not including PVC polymer waste and PVC compound waste in the land disposal ban. If these wastes are subject to the proposed rule, industry would be required to apply the best demonstrated available treatment (BDAT) technology, which would be incineration. Land disposal of PVC polymer waste and PVC compound waste is a preferred environmental management practice vis a vis incineration because the chlorine remains chemically SPI-06222 s bound in the molecule rather than becoming disassociated through incineration. Incineration can certainly be conducted in an environmentally sound manner; however, it does allow chlorine transfer in a mobile form to other environmental media. Banning land disposal of PVC waste would place an additional demand (40 million pounds per year) on the already limited and insufficient incinerator capacity in this country. EPA has recognized the inadequate incineration capacity in its recent land ban promulgation concerning solvents and dioxins. The December 11 proposal, along with future land ban rules, will result in increased demand for incineration and will continue to outpace incinerator capacity. Incinerator capacity is better utilized for truly toxic and environmentally troublesome wastes. PVC polymer waste and PVC compound waste do not fall in that category and should not be banned from landfill disposal. Our comments regarding incineration apply only to PVC polymer waste and PVC compound waste from manufacturing operations. They do not apply to municipal solid waste (MSW) containing PVC products. Incineration or burning for energy recovery of MSW containing PVC products is done in an Spl-06223 9 environmentally sound manner. Our objection is not to incineration per se, but to the mandatory incineration of PVC polymer waste or PVC compound waste under RCRA. While the focus of these comments is not on the issue of incineration costs and waste transportation costs to incinerator sites, they are significant and should be considered in this rulemaking. 4. Equitable Treatment of Solid Waste Containing HOCs It is not rational to regulate solid HOC waste more restrictively than liquid HOC waste. HOCs in solid form are generally less mobile in the environment than HOCs in liquid form. Rather than directly measuring the HOCs in a solid hazardous waste, we agree with the Agency's intent to use the TCLP to generate the analyte for both liquid and non-liquid hazardous wastes. 51 Fed. Reg. 44,724. However, EPA fails to translate this intent into regulatory language in section 268.32.--* / Section 268.32(d)(2) should be revised to read: *I -- We also note that the Agency has apparently reversed sections 268.32(a)(4) and 268.32(d)(3). SPI-06224 10 "Non-liquid hazardous waste whose TCLP extract contains halogenated organic compounds in total concentration greater than or equal to 1,000 mg/kg." EPA apparently believes that the language in the preamble to the proposed rule discussing HOCs will exempt PVC polymer waste and PVC compound waste from the land disposal ban. We are specifically concerned that if PVC waste becomes hazardous because of future rule changes (i.e., TCLP organics list), such waste will unintentionally become subject to the land disposal ban. It is obvious that this is not EPA's intent. To rectify this problem, we suggest the following: (1) Specifically exempt PVC polymer waste and PVC compound waste in proposed section 268.32; (2) Add the following definition of HOC to 40 C.F.R. section 268.2: "Halogenated Organic Compound" means only those halogenated organic compounds listed in Appendix VIII or proposed SPI-06225 11 Appendix IX to 40 C.F.R. Part 261. 51 Fed. Reg. 26,632 (July 24, 1986) (3) Revise section 268.32(d)(2) to require use of the TCLP to generate the analyte for non-liquid wastes consistent with the Agency's discussion on preamble page 44,724. C. TCLP The EPA land disposal ban proposal for the California list materials involves the toxicity characteristic leaching procedure (TCLP). SPI has commented previously on the TCLP itself and related proposals that would change the toxicity criteria for identifying wastes as hazardous under RCRA. SPI comments dated August 29, September 26, and October 10, 1986. To the extent that EPA fails to resolve the deficiencies in the TCLP itself and the pending toxicity characteristic proposal, equitable implementation of the land ban proposal will be hindered. SPI-06226 12 D. Conclusion In summary, EPA needs to define HOCs and rewrite the rule to clearly indicate that polymers are not subject to the land disposal ban. We appreciate the opportunity to provide these comments and are willing to discuss our proposals in more detail at the Agency's convenience. Respectfully submitted, January 14, 1987 W. C. Holbrook SPI-06227 ugmm Ufa Vinyl W a Institute A Division of The Society of The Plastics Industry, Inc. Jjx- Mb Roy T. Gottesman Executive Director January 5, 1987 TO: Pat Toner RE: EPA Document on "An Assessment of Risks of Stratospheric Modification" Pat: I sent your memorandum, on this subject and the EPA document to members of the Vinyl Institute Technical Committee and asked them to review this, and provide me with any comments that they might have regarding the sections dealing with PVC. My December 12th memorandum has not elicited much re sponse. I had one phone call from Joe Ledvina at Vista Chemical and he basically had no comments. Joe Capriccioso of Dow called and indicated he had some questions as to why EPA was getting into this subject at all. I asked him to put his comments down on paper and send them directly to you, but as of this writing, I have not seen them. I.realize that this is little response, but perhaps, no response is war ranted. RTG/pmb SPI-06228 Wayne Interchange Plaza II 155 Route 46 West Wayne, NJ07470 (201) 890-9299 ~r~ A Division of The Society of The Plastics Industry, Inc. Roy T. Gottesman Executive Director December 12, 1986 TO: The Vinyl Institute Technical Committee RE: EPA Document On "An Assessment of the Risks of Stratospheric Modification" I attach a memorandum from Pat Toner, Director of Technical and Regula tory Affairs for SP1 that is self-explanatory. Please review this document and provide me with any comments that you may have regarding the sections dealing with PVC. A prompt response will be appreciated, so that we can file any comments we have with the Agency. RTG/pmb enclosure SPI-06229 Wayne Interchange Plaza II 155 Route 46 Wesf Wayne, NJ 07470 (201) 890-9299 minutes VINYL IN8TITPTB TECHNICAL COMMITTEE Logan Hilton Hotel Logan International Airport Boston, Massachusetts Wednesday January 12, 1994 8:00 a.n. Attendees: Frank Borrelli, Georgia Gulf Larry Brecker, Witco Corporation Bob Burnett, Vinyl Institute Lee Fishbein, Borden Chemicals Don Goodman, OxyChem Roy Gottesman, CMR Fred Krause, Geon Company Len Krauskopf, Exxon Chemical Company Ron McCreedy, Dow Chemical I. CALL TO ORDER AND INTRODUCTIONS The meeting was called to order by Chairman Ron McCreedy of Dow Chemical. He noted the retirement party that had been celebrated the night before in honor of Dr. Lee Fishbein and welcomed Lee back as a consultant to Borden with particular responsibility for indoor air activities. II. APPROVAL OF MINUTES OF PREVIOUS MEETING AND MEETING OBJECTIVES The minutes of the September 23, 1993 meeting held at the Hilton Hotel at Newark Airport were approved as written. The chairman reviewed the meeting agenda and objectives for this Technical Committee meeting. III. FINANCIAL REPORT The financial report was then presented by the Executive Director with the observation that we should finish the fiscal year with a surplus. IV. INCINERATION The municipal/medical incineration project with MRI was then summarized by Don Goodman of OxyChem. The project appears to be on track with a review scheduled for January 14th. It is The Vinyl Institute, A Division of The Society of the Plastics Industry, Inc. Wayne Interchange Plaza II, 155 Route 46 West, Wayne, New Jersey 07470, (201) 890-9299 SPI-06230 2 appropriate to include a budget item in the 1994-1995 budget for publication of the results. The initial numbers seem to be as expected, perhaps even on the low side of the expecta tion. There followed some discussion of implementation and use and especially to define the incremental cost of including PVC in the incineration. The target is to complete the study, including peer review by ASME by April 1, 1994. V. VCH UNIT RISK FACTOR The VCM unit risk factor project was then reviewed by Ron McCreedy. He reported that phase I is complete and will be routed shortly for review. In particular, it was suggested that Dave Penney of Vista be asked for comments and make his recommendation on the value of a phase II. At this point, we do not anticipate budget requests for this item in 1994-1995. VI. PROGRAM UPDATES - LIAISON EFFORTS Several members of the comment then updated the group on activities of APC/IGCCA/TPC/CCC. It was requested that the Kleinloh (Huls) report presented at the Tripartite Conference be circulated to the Technical Committee. This detailed investigation of some accidental fires in Germany in 1993. It was noted that the American Plastics Council is in transition with the possibility of refocusing their program and physical ly relocating in 1994. The TPC/IGCCA meeting held in October 1993 in Brussels has been documented separately, with another meeting scheduled in Japan in October 1994. VII. PROGRAM UPDATE - AD HOC TASK FORCES Several programs were updated with the Executive Director summarizing the Dioxin Factories/ChemRisk Report. That report has not yet been submitted to EPA, but with some modifications to the letter of transmittal, it is expected to be shortly. The Kansas City situation was then summarized and it was noted that that has not yet been totally resolved. VIII. OLD BUSINESS The group reviewed the action register and a revised version was put out to the Technical Committee on January 18, 1994. A request was made to Roy Gottesman to take the responsibility to develop the bibliography/compendium with Bob Hinderer of BFGoodrich. A heads up on the BCP recycling unit in Louisiana was reported by Lee Fishbein. This is an attempt by the state DEP to reclassify a VCM recycling unit to hazardous waste incinerator with the regulations that will then apply. SPI-06231 3 Lee Fishbein will continue to cover indoor air quality issues including ASTM for the Vinyl Institute and submitted a report which is attached to these minutes. He noted that the Mitchell Bill (federal legislation) has passed the Senate and the House action is pending. Various program proposals were discussed and it was decided to establish a task group to address NEC 1996. Bud Hall will chair this group and a proposal is attached. At this point the group broke for a presentation by Ron Whitfield of CRA and Earl Nessman of CanTox concerning lifecycle analyses. Copies of their presentations have been distributed separately. In various follow-up discussions, it was decided that Bob Burnett would be the future contact with Whitfield. There was not a ground swell of support for pursuing this option among the members present. It was noted that other LCA candidates might include Ecobalance, Chem Systems, etc. It was further agreed to establish an indoor air task group chaired by Lee Fishbein. Len Krauskopf and Frank Borrelli volunteered to serve on that group. Budget recommendations are required by February 1 for 1994- 1995 and the chairman will attempt to develop that. It was agreed to continue to follow the CanMet activity which has licensed technology from Toshiba of Japan to develop a type of pyrolysis technology which is very forgiving to PVC content. The work of the committee having been completed for the day, the meeting was adjourned at 2:00 p.m. with a note that the next meeting will take place on May 23rd in Dallas, Texas in conjunction with the annual meeting of the Vinyl Institute. Respectfully submitted, Robert H. Burnett Executive Director SPI-06232 VI TECHNICAL COMMITTEE The Logan Airport Hilton Logan International Airport Boston, Massachusetts 02128 (617) 569-9300 Wednesday January 12, 1994 8:00 am -3:00 pm 8:00 a 8:10 a 8:15 a 8:20 a 8:30 a 8:50 a 9:00 a I. II. IV. V. VI. VII. 9:30 a VIII. 10:00 a 10:15 a IX. 10:30 a X. CALL TO ORDER AND INTRODUCTIONS APPROVAL OF MINUTES OF Sept 23, 1993 MEETING MEETING OBJECTIVES, APPROVAL AND/OR AMENDMENTS TO AGENDA FINANCIAL REPORT PROGRAM UPDATE - INCINERATION A. MSW & Hospital incinerator Economics PROGRAM UPDATE - MEDICAL & HEALTH A. VCM Unit Risk Factor PROGRAM UPDATE - LIAISON EFFORTS A. APC Update B. CCC/IGCCA Update PROGRAM UPDATE - AD HOC TASK GROUPS A. Drinking Water Quality B. Dioxin Factories Report BREAK OLD BUSINESS / CARRYOVER ITEMS A. Action Register from Sept 23, 1993 B. Indoor Air - Issue Mgmt PROGRAM PROPOSALS A. Formation of Fire/Code Ad Hoc Task Group B. PVC LCA Proposal - CCC Liaison R. McCreedy R. Burnett D. Goodman R. McCreedy R. Burnett D. Goodman R. Burnett R. McCreedy L. Fishbein R. McCreedy R. Burnett SPI-06233 Tne V,r.yi inst.tute. A Division of Tne Society of the Plastics Industry, Inc Wayne intercr.a-.ge P.sza li, 755 Route <6 West. Wayne, New Jersey 07470. (20y 290-9299 11:30 a NOON 1:00 p 2:00 p 2:15 p 2:30 p XI. XII. XIII. XIV. XV. PVC LIFE CYCLE PROPOSAL - CCC LIAISON (Charles River Assoc. & CanTox) (WORKING LUNCH) NEW BUSINESS REVIEW ACTION REGISTER/ASSIGNMENTS 1994 MEETING DATES/LOCATIONS ADJOURNMENT Ron Whitfield, VP Charles River Assoc. R. McCreedy SPI-06234 Action Register Group VI TECHNICAL C0MMITTEE Who (Name) 1 R. Burnett Is Going To Do What? Publication of Norway Report Date JANUARY 19> 1994 By When Completed 2 L. Mare sea Obtain copy of VSI protocol for SwRI (from Julie Cahn) 3 ALL Written updates of "one pager" for Borad briefing book to R. McCreedy 4 ?,. Burnett Review structure of Technical Comm'tt ee /R. McCreec V ^ R. McCreed) Schedule 45-60 minutes for presentati on on "advanced membrane" technoloqy apolic ability for HC1 recovery by DR. Srikar D. Magee Have follow-up on 1Perstraction" (in i011 and) 7 R. McCreedy carried out. Review of article (Dutc i) found by A1an 01 son Request "Plain English Executive Summ ary" and "Recommendations for Phase 11" be inc luded in VCM Unit Risk Factor Report Peru ;>>?*><=* tvQ.of' -- 8 ALL by 1/21/94 Comments back to Fred Krause on Frank in / AIA 9 R. Gottesman Develop bibliography on fire compendii m. Release for ruse/coov of artirlec tOONO? 10 8. Hall Establish link with Jo R p ri consult; nt for SPI Electrical Committee. SPI-06235 Action Register Group VI TECHNICAL COMMITTEE Date JANUARY 19, 1994 Who (Name) R. Burnett Is Going To Do What? By When Clarify access to PVC Fire/Tox data >ase index (available on disk?) Completed 12 13 14 15 16 17 18 19 20 ___________________ i SPI-06236 TECHNICAL COMMITTEE STATUS OF EXPENDITURES Actual Through December Balance To End Of FY 93-94 Total NSF Contract (Kansas Pipe) $12,500 Chen Risk 5,219 California EIR 20,000 TFT Consulting 3,250 MRI Incineration Proposal 31,370 Compendium and Literature - New HC1 Removal Technology - Corrosion Hazard Assessment - VCM Cancer Risk Factor Project - Solvent Cement Project 10,000 Sv:edish Incineration Studies - Flam.n. Liq./Plss^ic Containers 300 TOTAL $82,639 $ - 3,630 10,000 10,000 76,000 20,000 - 10,000 -- $129,630 $ 2,500 5,219 2 ,000 3,250 35,000 10,000 10,000 76,000 20,000 10,000 10,000 300 $212,269 BUDGET: Swedish Incineration Studies HC1 Scrubbing and Economics New HCl Removal Technology Corrosion Hazard Assessment Compendium and Literature Printing VCM Cancer Rise Factor Project Solvent Cemenr Project Contingencv TG7r L 10,000 35,000 10,000 76,000 15,000 20,000 10,000 19,000 $195,000 SPI-06237 Vijfo Cherr.icol Compony 12024 Visto Porte Drive Austin, Texos 78726-4050 (512) 331-2500 To: Ron McCreedy, Robert Burnett Frr.rn: Dcit: Subject: H. J. Hall January 5, 1994 Projects Update P.O. Sox 200135 Austin, Texes 78720-0135 Fc* (512) 331-2387 VISTA Fire Science A. Corrosion At the recent CCFS Executive Committee Meeting (12-13-93), no one knew the status of the large scale UL-LC effort. Our understanding is that participation hence funding pledges have been low. Negative feedback on tine need for this project has also been received. (Northern Telecom) We will continue to monitor. ASTM E 5.21.70 appears dead. A new chairman will be found to resuscitate the patient. This will probably be a UCC person. ASTM D 9.21.04 (ASTM No. 5485) is at society ballot. An attempt will be made to solicit funding for round robin testing. This is our preferred test (cone calorimeter). We may participate in funding if the degree of participation is high. The IEC '89 guidance document has been issued which includes the DIN, CNET, CSA and ASTM No. 5485 protocol. All of these with the exception of ASTM No.5485 are basically acid gas tests not favorable to PVC. B. Toxicity The NFPA 269 protocol (basically NIST) will probably be adopted by NFPA. A modified version is moving at a glacial pace through ASTM. SPI and the VI support these protocols. Our NYC commissioner who questioned the need for combustion toxicity requirements has resigned. SPI is awaiting appointments from the new administration before pursuing. IEC 89 will probably adopt a DIN Tube Furnace protocol. The ECC is opposed to animal testing, therefore no interest in NFPA 269. gpl-06238 We believe this issue (die use of only a toxicity potency test for material judgments) is on the decline as Hazard Analysis and Risk Assessment continue to be accepted as the proper scientific approach for the future. C. VSI The VSI formed a Safe-Use Task Group to determine die need for a fire warning on PVC siding. Unfortunately, I was unable to attend the first two meetings. The group appears to be developing a logical position to be reviewed by the VSI board. I have meeting notes from die meeting if anyone desires them. D. NFPA-NEC The cycle for the 1996 NEC has begun. The Electrical Materials and Products Subcommittee of the CCFS met 12-14-93 to determine SPI's position on various plastic submittals. UCC is making a full court effort on the LS-LC issues. (Yes, again!!) This group with objections from UCC recommended abstention on most proposals. To meet this new challenge "and against Don Goodman's objections to all fire work", Fred Krause and I recommend the formation of a Task Group. The group will consist of H.J. Hall (chairman), Bob Strength, Tom Williams and Bill Coker. Other possible members could include Charlie Forsberg and Ron Bishop of Lamson and Sessions and Marcelo Hirschler. Reporting could continue through the Technical Committee or possibly the IMC. I have included Tom William's objectives for the group. cc: Eric J. Meyer/Mark J. Schneider SPI-06239 I. Form a VI task group to follow the 1996 NEC code cycle activity to minimize the adoption of proposals restricting the use of PVC. fThese are numerous proposals to mandate the use of reduced emissions wires and cables). A. Work panel members Network late week of 1 /3 with select group of panel members to show interest Identify allies and foes. Ensure representation at code panel meetings - weeks of 1/10 and 1/22. Clarify SPI VI representation on Panel 7. B. Assemble portfolio of publications for use in presenting Vinyl Industry viewpoint. C. Review and respond to NEC-TCR (Technical Committee Report) II. Review issues other than NEC to see If broader VI action is warranted in the wire and cable arena. SPI-06240 INDOOR AIR QUALITY I8SUES The Anderson Lab draft proposal of modifications to the existing ASTM E 98-84 Test method for Estimating Sensory Irritancy of Airborne Chemicals which was first introduced in 1991 has yet to be adopted. At the most recent ASTM D 2205 Subcommittee meeting on IAQ held in Albuquerque, New Mexico October 27, 1993, it was disclosed that a new draft version from Anderson Lab is awaiting results of ongoing research and interlaboratory studies (Borden Chemical has representation on the D2205 Subcommittee and will continue to monitor these activities) . You may recall that in the fall of 1992, the Anderson Labs disclosed the finding of massive nine (9) fatalities after being exposed to emissions from carpet samples. Notwithstanding the ambiguities in the Anderson Lab results (use of carpet samples of unknown history, cleaning material used, etc. and that newly-purchased samples did not result in mice fatalities, etc.) The Anderson results received frenzied media coverage on CBS as well as a hurried Senate hearing on October 1, 1992 to examine new research on potential risks posed by carpet emissions. The suspected culprit was 4 PCH (4 phenyl cyclohexene) used in the carpet backing. It is interesting to note that the EPA has been unable to replicate through their testing (3/93) the Anderson Lab findings. The EPA convened an open meeting of scientists including 4 independent scientific peer reviewers to help the agency gain a better understanding of existing and new data that pertain to the use of a lab procedure for testing the effects of carpet emissions on laboratory mice. The heat associated with this issue has somewhat receded at this time, but stay tuned. At the most recent ASTM D2205 meeting, the Chairman of the IAQ Subcommittee, Hal Laver introduced a "Draft Practice for Screening and Selecting Building Materials and Products Based on VOCs". The purpose is to obtain data that will assist design professionals, facility managers and consumers in making determinations based on comparison of relative material/product emissions. The test results will be useful to determine the identification and magnitude of emissions of VOCs. Head space analysis followed by dynamic environmental chamber tests (to obtain rate of decay data) will be the procedures employed. (Next ASTM meeting, April 12-13 in Montreal, Canada). An increasing number of papers have issued over the last several years which attempted to quantify VOC emissions and decay rate data from a large number of commercial products. This is a developing issue - no standardized methodology exists as to sampling procedures, effect of aging/treatment of Spi-06241 2- - the material, the quality of data obtained by state head space analysis, environmental test chamber conditions, air flow, humidity, temp controls, the quality of GC/Mass spec analytical test procedures, etc. All of this is literally in its infancy. Hence, the importance of finalized ASTM-approved procedures. II. EPA Activities - EPA's office of Pollution Prevention and Toxics has begun a multi-year effort to identify and characterize the sources of Indoor Air Contaminants. The program will examine building materials, consumer products, furnishings etc. and will characterize these emissions by product classes. EPA held IAQ workshops in March and September 1993 to discuss possible areas of concern requiring additional research in source control and reduction of indoor air pollutants. Vinyl and fabric wall covering, interior panels and ceiling tile were among the building materials selected for future study. In October 1992, the EPA inaugurated a new hotline to provide info to individuals with questions concerning IAQ via an IAQ Information Clearinghouse. I contacted the Info Clearing House on October 29, 1993 and have received sparse information e.g. papers on high levels of TXI B emissions from vinyl flooring, measurements of 32 VOC from 31 building materials. Vinyl acetate emissions from "hardback" carpets etc and 2 papers issued by the EPA in 1988 on Indoor Air Quality in public buildings (4 and 6 respectively). Large number of aromatic, aliphatic HC and chlorinated HCs identified with materials emitting these chemicals as the highest rates were surface coatings such as adhesives, caulking and paints, floor covering (carpet, moldings, linoleum tile) wall covering, etc. III. Federal Legislative Activities - The Senate on October 29, 1993, passed S 656 (the so-called Mitchell bill) unanimously. This version is similar to that passed by the Senate in November 1991. S 656 would require the EPA to research the causes and sources of indoor air contamination and identify ways to improve indoor air quality (development of a materials response plan to reduce indoor air pollution. It also requires EPA to develop health advisories (within 18 months of the enactment) based on peer-reviewed scientific data on individual contaminants. Such advisories must cover at a minimum, benzene, biological contaminants, carbon monoxide, formaldehyde, lead, methylene chloride, nitrogen oxide, particulate matter, asbestos, polycyclic aromatic hydrocarbons and radon. Further, the advisory materials shall at a minimum describe - The physical, chemical, biological and radiological properties of the contaminants. SPI-06242 -3- The adverse human health effects of the contaminants in various indoor environments and in various concentrations. The extent to which the contaminant or a mixture of contaminants is associated with emissions from a particular material. It also authorizes NIOSH (National Institute for Occupational Safety and Health) in consultation with EPA to implement a building assessment demonstration program to support the developments of methods, techniques and protocol for the assessment of indoor air quality in non-residential, non industrial buildings and to provide assistance and guidance to building owners and occupants on measures to improve air quality. House of Representatives legislation HR 2919 was introduced by Rep. J. Kennedy on August 6, 1993 with hearings held by the Health and Environmental Subcommittee of the House Energy, and Commerce Committee on November 1, 1993. The House version would authorize EPA to establish a National Public Awareness Campaign, which would increase public awareness concerning the health risks of indoor air pollutants. The legislation would also direct the EPA to publish guidelines for identifying, eliminating and preventing indoor air hazards. Activities on the State Legislative level are also accelerating with a number of IAW bills introduced in May, MI, NY, TX, MO and WA legislatures. IV. AIA Issues - The American Institute of Architects issued an advisory on March 4, 1993 termed "Low Toxic Building Material". This encompassed numerous categories such as insulation, flooring, sealants, plumbing, siding, windows, interior walls, cabinetry, etc. Vinyl was classified "generally highly toxic" throughout the various categories. On October 1993 the AIA Environmental Resource Guide critiqued vinyl products per LCA indicating that further studies are underway to identify and quantify the energy and wastes associated with vinyl flooring. Results of this study will be added to this report when they become available. Franklin Associates was contacted in the summer of 1993 to prepare an "LCA" document on vinyl construction products for submission to the AIA Environmental Resource Guide. F. Krause following this issue. Lee Fishbein SPI-06243 Inside E.PA. An inside Wnshington Pub/icolion An exclusive report on the U.S. Environmental Protection Agency Vol. 15, No. 20 - May 20,1994 EPA TO SEEK STRONGER RESTRICTIONS ON SELECTED AIR TOXICS EMISSIONS EPA plans by the end of the year to call for new regulations that will strengthen controls on air emissions of certain toxic pollutants that have proven to cause adverse effects on the nation's great waters, agency sources say. Agency sources say the recommendation for stricter controls will be included in EPA's "Great Waters" report, which at presstime was due to be submitted to Congress May 20. The report, which was mandated by section 1 !2(m) of the Clean Air Act amendments, studies the environmental and public health effects of airborne pollution on the Great Lakes, the Chesapeake Bay, Lake Champlain and coastal waters. In addition to the study, Congress authorized the agency to recommend revisions to the Clean Air Act that continued on page 8 EPA TO CRAFT TEMPORARY EXEMPTION FOR MUNICIPAL INCINERATOR ASH EPA is likely to craft a temporary exclusion from hazardous waste management requirements for ash generated by municipal waste combustors (MWCs) to give agency staff, local governments and industry time to generate a longer-term response to a re/ent Supreme Court decision which held that MWC ash must be declared hazardous if it fails toxicity tests, EPA sources say. EPA sources say th/y are also weighing a host of long-term options for managing MWC ash', including changing the test currently used t(^determine whether MWC ash is hazardous o/issuing a broad permanent ash exemption based on management standards. jj The May 2 rulihg in City ofChicago v. Environmental Defense Fund and Citizensfor a Belter Environment / j continued on page 9 l ENERGY COMMJTTEE APPROVAL OF SUPERFUND SHIFTS FIGHT TO ^UBLIC WORKS The Hous/Energy & Commerce Committee this week Approved the administration's new Superfund reauthori zation bill without major changes, shifting the spotlight to the House Public Works Committee, where congressional J jstaff say major battles over the legislation could erupt. The Energy & Commerce Committee's approval o/the bill May 18 followed unanimous action May 11 by the transportation & hazardous materials subcommittee, and^administration sources say the votes show that the bill has broad enough support inside and outside Congress to n&ss this year. But /nany observers say the bill still faces seriojis hurdles in the House and Senate, and several environmental / continued on page 10 EPA CONSIDERS SPEEDING UP MANAGEMENT STREAMLINING PLAN BY TWO YEARS /Senior EPA officials are considering speeding up by two years the process of cutting the agency's management structure in half, a move that some EPA staff arjp outside observers fear may lead to management chaos and an exodus of top EPA staff to "friendlier" employers. / EPA sources say the agency's Senior Ldkdership Council debated the idea of bumping up the target date for streamlining EPA's management structure atahe council's May 12 meeting, and that the plan garnered widespread support among SLC members. One high-level EPA source present at the meeting says "at least 80 percent" of staff at the meeting supported accelerating the streamlining plan. The Clinton administration last fal/ launched a government-wide streamlining plan aimed at substantially INSIDE- --------------------------------------------------------------------------- INCINERATION: industry fears new cbmbustion rule could shut down some facilities...................... page3 WASTE: Supreme Court decision prompts congressional action on trash hauling..............................page6 DRINKING WATER: EPA to focus on source protection, system viability in House debate ......... page 7 SCIENCE: SAB presses agency to base all rules on public scientific peer review....................... page 14 CLEAN WATER: Baucus attempting to move reauthorization bill to Senate floor........................page 16 inside DEP "" SPi-06244 INDUSTRY WITHDRAWS SUPPORT FOR WASTE EXPORT TREATY An industry coalition leading the push for U.S. ratification of a treaty governing the international trade of hazardous waste has formally withdrawn its support for the treaty, leading some congressional staff and administration sources to say that ratification efforts may be dead in this Congress. At issue is the U.S. role in the Basel Convention, an international treaty governing hazardous waste exports. To become a full member of the treaty, the administration must enact legislation to implement the terms of the convention. y/ Congressional staff say industry, under the auspices of the Business Recycling Coalition (BRC), has been instrumental in promoting Basel implementation in the Clinton administration and in Congress, and that their support for the convention is crucial for passing implementing legislation. But in the wake of a decision by Basel Convention parties to ban all exports of hazardous wastes from member countries of the Organization for Economic Cooperation &/Development (OECD) to non-OECD countries flnside EPA. April 1, pi5), the BRC is withdrawing its support for the Convention. One House source says BRC's reversal will beyfl serious obstacle" for the Clinton administration in trying to implement the convention, because "industry's support was a major factor" behind^porigressional and administration efforts to ratify the treaty. Another House source .says the BRC reversal, compounded by the Clinton administration's inability to put forth a formal response to the March decision to ban export^means that "Basel is dead in this Con gress." An administration source says industry withdrawing its supporters not something that will be easily dis missed." S' In a May 12 paper outlining potential steps for the Ciipfon administration in the wake of the ban, the BRC says that the decision to ban all hazardous waste exporu^effectively changes the convention" and that because the convention can no longer "be viewed as the samp'document the United States originally signed," the BRC is withdrawing its support. The paper also suggesjs'ffiat the Clinton administration's principles for implementing Basel, unveiled in March flnside EPA. March 4, pi6), "should be shelved because they are no longer appli cable." However, BRC recommends that the U.S. continue attending "selected" Convention meetings as an observer. EPA REPORT MAY LEAD TO NEW AIR TOXICS CONTROLS . . . begins page one would be necessary to adequately protect human health and the environment from atmospheric deposition. If the report finds that additional protection of these waters is necessary, the agency is required to promulgate rules by November 1995 taking action on those findings. EPA sources say they hope to publish an advanced notice of proposed rulemaking by the end of the year that will begin the process of establishing "lesser quantity emission rates" for selected air toxics. In its report, EPA has identi fied mercury, cadmium, lead, dioxin, dibenzofurans, and polychlorinated biphenyls (PCBs) as toxics that are poten tially deserving of stricter regulatory attention. Each of these toxics is persistent and bioaccumulative, and are often found in the fish that humans consume, agency sources say. One agency source notes that PCBs, which are banned from production, represent an unlikely candidate for stricter emission control, but this sources says the other air toxics are all strong candidates for tighter regulation. An EPA source explains that tighter regulation would take the form of "lesser quantity emission rates" that will apply to maximum achievable control technology (MACT) standards. Currently, MACT standards are developed to control emissions from major and area sources, with major sources defined as those sources that emit more than 10 tons of a certain hazardous air pollutant each year. These sources are required to implement MACT to control their emissions. Area sources, or those sources emitting less than 10 tons of a HAP, are often exempted from MACT controls. EPA's effort to control especially harmful HAPs would attempt to "ratchet down" the threshold level that defines a major source in certain circumstances. For example, industrial boilers, that are known to emit mercury, could find themselves having to conform with MACT standards even though they may only emit four tons of mercury a year and make only a small contribution to the total amount of mercury that is emitted into the atmosphere each year, an EPA source says. EPA staff acknowledge that the plan will be very controversial, and may require the agency to review some of the MACT standards that the agency has recently proposed. One EPA source explains that even though it appears at first glance that the "lesser quantity" approach would be confined to those areas that are in the immediate vicinity of great water bodies, atmospheric transportation of pollutants will make a national rule necessary. Although the report was prepared for Congress, an EPA source explains that the agency does not need congres sional approval to proceed with a rulemaking. "It is within our statutory authority to handle this through the traditional regulatory process," concludes this source. 8 SPI-06245 INSIDE EPA - May 20, 1994 biomass into 400 gallons of methanol each hour. The project holds out great promise for the future of methanol, AEERL sources say. An EPA research source explains that with gasoline at $15 a barrel, or even $20, methanol's integration into the market has been limited because of its high production costs. With production costs making the fuel unattractive^his source says subsidies will be required to keep the fuel marketable unless-new production methods can be founcL-This source says that the "hydroaarb process" is such a method and mat based on the computer model ing^'We feel we can produce methanol at a cost equivalent to that of gasoline^adding that, "with methanol you get a^O percent reduction" in carbon dioxfHe emissions. S' yS S "We have estimated*TM the side of caution," another EPA resjat'cher says, explaining that the basic components that will be used in thp'facility "are all well within state-of-the-art'technology." Furthermore, this>durce says that in addition to beine^tfle to convert biomass such as woody chipsTthe facility will be able to conyrt certain kinds of waste to methanol. The project "looks like an all-around winner" that will provide the American consumer with a competitively priced fuel that holds great promise for reducing C02, this source concjudes. ^Alternative fuel sources caution that it is unwise to jump to conclusions baspsfsolely on computer simulations. QOnie'source familiar with methanol conversion says that by using inexpensive-feedstocks such as woody chips, it may -^bee p| ossible to produce a competitively priced fuel. But this source warns that it is probably only realistic to expect costs to be competitive if gasoline comes up from its current "ridiculously low level" to somewhere in the $20-25 dollar/barrel range. Industry calls standards unachievable EPA DRAFTS TOUGH NEW TRASH COMBUSTION AIR EMISSION RULES EPA has drafted stringent new Clean Air Act emission standards for new and existing municipal waste incinera tors that industry sources say they can not meet and would force municipalities to revert to landfilling trash. But environmentalists argue that the proposal would only codify lax dioxin emission levels that are not protec tive of public health despite the findings of an upcoming EPA report that reportedly shows dioxin to be hazardous even at very low levels. EPA is under a court order to issue by September a rule under the Clean Air Act setting maximum achievable control technology standards for municipal waste combustors (MWC), but the agency has expedited the process in hopes of issuing the rule by mid-summer, agency sources say (Inside EPA. Feb. 11, pi). The two-part rule replaces February 1991 guidelines for existing facilities and sets out new standards for new combustion sources. EPA staff are soliciting outside comment on the proposal prior to submitting it to the Office of Management & Budget because the agency cut back on internal review to speed processing of the rule. A May 12 draft of the proposed rule would require new MWCs to emit no more than the "toxic equivalence" of 0.2 nanograms per "dry standard cubic meter" of dioxin or other furans, the equivalent of about 10 ng/dsem total mass, down from the current standard of 30 ng/dsem. For existing sources, dioxin emissions would be limited to 0.5 ng/dsem toxic equivalence, about 30 ng/dsem total mass, down from the current standard of 60 ng/dsem for the largest facilities and 125 ng/dsem total mass for smaller units. The rule also for the first time would require existing facilities to install controls for nitrogen oxides, and abandons an earlier EPA plan to offer facilities flexibility in measuring compliance. The May 12 draft would limit NOx emissions to 180 parts-per-million by volume. For new MWCs, EPA's proposed rule would also require the owner or operator of the facility to submit a "materials separation plan" that would provide for separation of recyclable materials from the waste stream. This issue was the source of a major battle between EPA and the White House during the Bush administration, but industry sources say the new proposal is likely to be less contentious because it does not set a single target recycling percentage for all MWCs to meet (Inside F.PA. Mav 13. p 1V The new dioxin and NOx emission standards are "orchestrated to slam dunk incinerators," an industry source fumes. Several industry sources argue that the 0.2 ng/dsem toxic equivalency test is a suitable goal for combustion sources, and could be met as an operational average, but cannot be constantly maintained as an enforceable emission limit over the life of a facility. "I don't think [an incinerator] could make a statement to guarantee 10 [ng/dsem]," an industry source says, due to "operational variability" that will lead to occasional exceedances of that standard. This would make the rule "a de facto moratorium" on new combustors, this source says, forcing communities to return to landfills, which this source calls "unregulated as air [emission) sources." Similarly, the NOx requirement for existing facilities is "a major new cost" for combustionunits, particularly since the agency has set a single emission target, removing the option for sources to comply with a removal efficiency standard. "Its an absolute limit," an industry source complains, arguing that the new proposal is unnecessarily burden some. "Unless they're resolved, [these issues] will be real show stoppers to industry ," one industry source says, and INSIDE EPA-May 20, 1994 SPI-06246 3 EPA INITIATES TALKS WITH INDUSTRY ON ACCELERATING DIOXIN REG DEADLINES EPA and industry groups are examining the potential for accelerating the promulgation of two rules under several statutes to reduce dioxin emissions, EPA and industry sources say. Agency sources say discussions are in a very preliminary stage, noting that talks are currently focused on moving up deadlines for EPA regulatory efforts to control dioxin emissions from the pulp and paper industry and medical waste incinerators. EPA, industry and environmental groups have increased attention on dioxin following the unofficial release of EPA's draft reassessment of the health effects associated with the chemical. The draft assessment, which is currently undergoing interagency review, indicates that the chemical poses reproductive health, immune system and cancer threats even at very low doses based on animal studies. EPA is currently working on three major regulatory initiatives related to dioxin: a municipal waste incineration rule slated to be finalized this summer, a proposed rule for the pulp and paper industry developed through a negoti ated rulemaking process, and a Clean Air Act rule on the incineration of medical waste slated for February 1995. The agency has already set a new deadline for promulgating the municipal waste incineration rule, moving it from February 1995 to this summer (Inside EPA. Feb. 11, pi). EPA sources say the agency wants to work cooperatively with industry to examine what effect accelerated rulemakings might have on the regulated community. One EPA source stresses that it is important for EPA and industry to quickly resolve conflicts over the rules to protect against any adverse impacts on industry that may occur because of the accelerated schedules. No final decision to accelerate the rulemakings has been made, but one EPA source anticipates a faster schedule will likely be imposed. The new examination of whether industry can move more quickly on the pulp and paper and medical waste rules stems from EPA's long-held desire to address dioxin, EPA sources say, and was not prompted solely by the unintended release of the draft reassessment. another accuses EPA of a "political setup" to target incineration. Industry groups met with EPA staff May 17 to voice their concerns, and an industry source notes "we're bringing it to the attention of the administrator." Industry is "submitting data to EPA" to make the case for less stringent targets, another source says. But an environmentalist says the rule favors industry and should not be issued until the agency has thoroughly weighed the health effects of dioxin. The agency is planning to release a broad reassessment of the health effects of dioxin later this summer, which has uncovered serious health effects at very low dosages (Inside EPA. Jan. 14, pi). This source says even 10 ng/dscm is too high, and rejects industry's claim that it cannot be met. "It is definitely possible ... [but] only zero is acceptable," this source argues, and "industry's comments are no more than posturing." In addition, "it is premature for the agency to be providing a standard which industry had lobbied for... before the dioxin reassessment is fully out in June." EPA staff could not be reached for comment on the MWC rules. STATES TO ASK FOR EPA AIR PROGRAM FUNDING BOOST TO ADDRESS RULE DELAYS State and local air officials are preparing to ask congressional appropriating committees to increase funding for EPA's air program in an effort to get the agency's Clean Air Act regulatory schedule back on track. Congressional sources say it is unlikely that funding levels exceeding the administration's request for air programs will be allocated, however, stressing that the fiscal climate is "extremely tight" and allows very little budget flexibility. State air officials say they will likely urge the Senate Appropriations VA, HUD & independent agencies subcom mittee to increase funding for EPA's fiscal year 1995 air program by $30 million. That subcommittee will hold a hearing on EPA's FY95 budget May 20. State sources say the funding request is needed to help the agency meet its responsibilities under the 1990 Clean Air Act. Furthermore, states are requesting that Congress also allocate $30 million in additional funding in the FY95 budget for Section 105 grants states can use to assist them in carrying out responsibilities such as monitoring, inspection, and permitting required by the Act. State officials have consistently expressed concern with EPA's inability to promulgate the hundreds of rules and guidance required under the Clean Air Act on time. According to state officials, EPA has fallen woefully behind in meeting the regulatory schedule mandated by the act. Without the direction provided by EPA guidance and rules, state officials claim that their legislatures face difficulties in approving programs or funding to implement the act. Because of EPA's tardiness, state sources say many states have simply not been able to keep up with the responsibilities allocated to them under the Act. This has become particularly troublesome, these sources say, as the threat of sanction loom for slates if EPA continues to miss statutory deadlines and leaves the states rudderless. EPA Air & Radiation Office Assistant Administrator Mary Nichols, upon assuming her current position, stressc SPI-06247 INSIDE EPA - May 20, 19 A Division of The Society of The Plastics Industry, Inc. FAX TO: Ron McCreedy_____________________ FROM:Meredith Scheck RE: Chem Systems_________ DATE:5/20_______ #/PAGES: 5 (plus cover) COMMENTS: See Chem Systems contract, page 3, item 8: though the data is ours to use. it appears to me as SPl-06248 65 Madison Avenue Morristown, NJ 07960 (201) 898-6699 Fax ft (201) 898-6633 Tne 0'.g.r.a' CCSf 0< th,$ JOCjmen' punted on 'ecyoec VjaJLs, CAjam. AGREEMENT THIS AGREEMENT made this 20ik K/cv/ evvte^ day of 1990 by and between the Vinyl Institute, a division of the Society of the Plastics Industry Inc., with offices in Wayne Interchange Plaza II, 155 Route 46 West, Wayne, New Jersey 07470 (hereinafter "VI"), and Chem Systems Inc., 303 South Broadway, Tarrytown, New York 10591-5487 (hereinafter "CSI"). WITNESSETH, that: WHEREAS, VI is interested in sponsoring and funding a project entitled "Life Cycle Assessment of Vinyl and Competing Materials in Packaging Applications". WHEREAS, CSI has the technical capabilities necessary and is interested in conducting the Project, and WHEREAS, it is the intention of the parties hereto to engage in the funding and conduct of the Project. NOW THEREFORE, in consideration of the promise and mutual covenants contained herein, VI and CSI hereby agree as follows: 1. Project - CSI shall conduct and complete the Project, including the final report. A description of the Project scope is detailed in a letter to Dr. Roy T. Gottesman of the Vinyl Institute from Kenneth M. Stern of CSI dated October 19, 1990 and incorporated herein by reference as Appendix A. 2. Completion Time - CSI shall make every reasonable effort to schedule manpower and work elements in a diligent manner so as to substantially complete all services no later than May 31, 1991, provided however that this section applies only if all reviews, approvals and information to be furnished and work to be performed by persons and agencies not under the control of CSI are furnished and/or completed in accordance with the schedule to be agreed upon between the parties. 3. Reports - VI, at its discretion and upon reasonable notice to CSI shall be entitled to inspect/review the work being performed. All information obtained by CSI as a result of this Project will be available to VI at any time while this contract is in force. CSI will prepare a final report to include technical graphics and will provide a (PC) computer model in matrix (Lotus) format as described in Appendix A. SPI-06249 2 4. Funding - VI shall fund the Project at the total amount of $100,000. This amount is non-negotiable and is not on an item-by-item basis. Agreements on particular items do not constitute a waiver by VI of the non-negotiable contract price. CSI will bill VI as per the payment schedule shown in Appendix B. 5. Indemnification a. To the extent allowed by law, CSI agrees to protect, defend, indemnify and hold harmless VI and its directors, officers, employees and members from any and all claims or liabilities for property damage, personal injury, death, loss of earnings or profits, or legal fees resulting from the negligence or intentional misconduct of CSI in the performance of or failure to perform any of the services hereunder. b. To the extent allowed by law, VI agrees to protect, defend, indemnify and hold harmless CSI and its direc tors, officers, employees and members from any and all claims or liabilities for property damage, personal injury, death, loss of earnings or profits, or legal fees resulting from the negligence or intentional misconduct of VI in the performance of or failure to perform any of the services hereunder. c. CSI has not been engaged by VI to perform any services that are intended to create any duty or obligation owed by CSI to any third parties from any use of CSI's work product under this Agreement. VI agrees not to use CSI's work product in any way that would create an obligation from CSI to third parties including, but not limited to a recommendation on the safety or suitability of any piping material, or any product endorsements. 6. Conflict of Interest - CSI will not undertake simultaneous research and development projects for more than one client when, in the judgment of CSI, the objectives of the Projects or the nature and scope of the work required to be done may result in a conflict of interest between clients. 7. Performance - Performance of the Project by CSI shall be the satisfaction of VI, with Roy T. Gottesman designated as the VI administrative contact, and with Dr. Charles N. Bush of BFGoodrich Company designated as the VI technical contact and representative for this purpose; provided however, that VI must advise CSI in writing of its reasons if it determines that performance is unsatisfactory. gp|.06250 3 If all or any part of the Project is not performed satisfac torily or otherwise in conformity with this Agreement, VI may, within 30 days of learning of the unsatisfactory performance, terminate this Agreement and deem it to be totally breached. If such a breach occurs, VI shall be obligated only for such funds as are commensurate with the value of the Project to VI at the time of the breach. In no event, will this value be considered to exceed the total contract price. 8. Project Results - Upon completion, CSI shall provide VI with a final report of the Project. VI shall exercise complete copyright title and control over this report and the underly ing data, which shall not be otherwise distributed unless authorized in writing by VI. 9. Confidential Information - CSI agrees to honor the confiden tiality of proprietary, trade secret, or personal data provided to it by individuals, corporations, and partnerships solely for the purpose of contributing to the accuracy of the report. 10. Termination - This contract shall terminate upon the first of the following events to occur: (a) completion of the Project; (b) receipt by CSI of written notice of termination from VI, in which case charges reasonably necessary thereafter to bring the Project to an orderly close shall be paid by VI; or, (c) receipt by VI of 30 days written notice of termination from CSI. 11. Prompt Notice - VI shall give prompt written notice to CSI whenever VI observes or otherwise becomes aware of any development that affects the scope of timing of CSI's services, or any defect in the work of CSI. 12. waiver of Breach - The failure at any time to require performance of any obligation provided for in this Agreement shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver of any breach of any provision of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. 13. Assignment and Subcontracting - No assignment of this Agreement shall be made in whole or in part by either party SPI-06251 4 without the written consent of the other party. The VI intends to employ Dr. Ian Boustead, 2 Black Cottages, Worthing Road, West Grinstead, Horsham, West Sussex, RH 13 7BD, England to review and comment upon the periodic reports and final draft of CSI on this project. The expenses associated with the use of Dr. Boustead's services will be borne by VI and CSI with CSI's portion of such expense limited to no more than the costs of 2 days of consultation by Dr. Boustead. 14. Severability - If any provision or provisions of this Agreement or the application of them to either party is held illegal, unenforcement, or otherwise invalid by government promulgation or court decree, such holdings shall not affect the other provisions or applications of this Agreement which can be given effect without the invalid provision, providing that the parties shall promptly negotiate in good faith to make adjustments in this Agreement as may be necessary to make it fair and equitable to both parties. 15. Controlling Law - This Agreement shall be governed by and construed in accordance with the internal laws of the State of New Jersey without application of the principles of conflicts of law. 16. Form of Notice - Any notice required by this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested at such address as each party shall designate in writing to the other party. 17. Relationship of Parties - Nothing in this Agreement shall be construed to constitute a partnership or other joint venture between VI and CSI. CSI is an independent contractor performing its duties under this Agreement, it is not authorized to act as an agent for, or on behalf of VI in any manner whatsoever except as expressly authorized under this Agreement. 18. Headings - The headings of the sections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part thereof. 19. Enter Agreement and Amendments - This Agreement contains all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, shall be binding upon said parties. Amendments to this Agreement or the Project described in Appendix A must be in writing and signed by both parties. SPI-06252 5 20. Authorization to Proceed - Authorization to proceed will be considered to be given upon execution of this AGREEMENT by VI and CSI for work described or referenced in Appendix A. IN WITNESS WHEREOF, the parties hereto have set their hands hereunto the date above written. THE VINYL INSTITUTE A Division of the Society of the Plastics Industry Inc. c^. By: T. Gottesman, Ph.D. E>^cutive Director CHEM SYSTEMS, INC. By: Kenneth M.1 Stern, Director SPI-06253 APPENDIX A CHm SVSTMS October 19, 1990 Dr. Roy T Gottesman Executive Director The Vinyl Institute Wayne Interchange Plaza II 155 Route 46 West Wayne, New Jersey 07470 Chem Systems Inc 303 South Broadway Tarrytown NY 10591-5487 Telephone: (914) 631-2828 Telex: 221844 Facsimile: (914) 631-8851 Dear Dr. Gottesman: Chem Systems is pleased to revise its original proposal, dated September 5, 1990, for conducting a life cycle assessment of vinyl and competing materials. This revision is based on your letter of September 19 as well as our discussions on October 5. Scope The study scope will be restricted to PVC packaging (bottles and film) versus competing materials in these markets. Chem Systems proposes to focus the analysis on the following specifically defined applications: PVC Applications Competing Material Bottles Film/sheet (foodwrap, etc.) PET; glass; HDPE; PETG OPP; PET; PETG The treatment of each application will remain as originally proposed and amplified at our meeting. This will include determination of energy equivalent values for each products manufacturing/disposal sequence and construction of ecobalances presented in "Consumer Reports" format. We believe the latter approach is unique in characterizing emissions and risks, while avoiding either "dollars for lives" indexes or simply lumping all emissions within a medium by weight. The end result will be a complete, understandable, objective and credible tool. SPl-06254 Dr. Roy T. Gottesman Page 2 October 19,1990 CHM SVST6MS Deliverables A written report will be prepared, containing the results of the analysis together with all supporting information. Chem Systems will also provide a (PC) computer model in matrix (Lotus) format, where steps in the product life sequence represent the columns and environmental/energy impacts represent the rows. Supporting documentation on logic flow, input variables and method of operation will be provided to enable individual members to modify and develop the analysis for their own use. Chem Systems will conduct two formal project review meetings, an interim and a final, as part of this project. Moreover, we expect a significant degree of informal interaction with the Institute, particularly in the early stages of the work. Timing Chem Systems will complete this project by May, 1991 provided authorization to proceed is received before November 15, 1990. Cost Chem Systems is proposing two options for reimbursement of professional fees and expenses for undertaking this assignment: Option 1 - Fixed Fee We estimate that professional fees and reimbursable expenses (to cover travel, meetings, information services etc.) to complete this project will amount to between $120,000130,000. However, given our corporate commitment to our Environmental Practice, as outlined in our initial communication with the Vinyl Institute, we are prepared to undertake this project for a fixed fee of $100,000. This would be invoiced as follows: * Upon initiation - $25,000 % Fallowing interim review - $50,000 % Upon conclusion - $25,000 SPI-06255 Dr. Roy T. Gottesman Page 3 October 19,1990 CHM SYSTEMS Option 2 - Multiclient Fee Chem Systems has recently been awarded a project on Plastics Recycling that was initiated by the Resins Committee of the SPI. A few members of the committee could not fund the project, so, to mitigate costs, Chem Systems agreed to undertake the assignment on a multisubscriber basis, with the study being the property of Chem Systems. We wish to offer a similar option to the Vinyl institute. We propose that, provided the Vinyl Institute can guarantee a minimum of ten subscribers, Chem Systems will undertake this project on a multiclient basis, with a maximum study cost of $9,OCX) per subscriber, for a guaranteed maximum total cost of $90,000. Chem Systems would retain full right to sell the analysis to other subscribers at a later date. Subscribers would be invoiced for $5,000 upon project initiation and the balance after completion. ******* I would like to reiterate our high degree of interest in performing this assignment on behalf of The Vinyl Institute. The senior management of Chem Systems is committed to completing this project in a highly professional manner and with a result that will meet or exceed the expectations of The Vinyl Institute. We believe that we have assembled a team of highly qualified consultants to carry out this assignment. Moreover, we believe that we have proposed a unique and comprehensive methodology. Should you have any questions on our proposal, please feel free to give me a call. Sincerely, Kenneth M. Stern Director KMS/lm SPI-06256 APPENDIX B Schedule of Payments Invoices will be submitted by CSI to VI as follows: On project initiation $20,000 On completion of environmental assessment and project review of all PVC bottles and film/sheet vs. competitive materials. 20,000 On completion of energy consumption assessment and project review of all VPC bottles and film/ sheet vs. competitive materials 20,000 On completion of computer model, documentation on same and instruction on use 20,000 On conclusion of overall project and submittal of final report 20,000 Total Agreement $100,000 SPI-06257 FRANKLIN ASSOCIATES, LTD. January 3,1994 Mr. Fred Krause Director - Environmental Solutions The Geon Company 6100 Oak Tree Blvd. Cleveland, OH 44131 Dear Fred: Enclosed is a revised copy of the LCA document for the ALA Resource Guide. 1 have responded to all of your suggestions. An annotated copy of your letter is enclosed, where I have written in the margins,how I have handled each comment. Please let me know if you would like to have anything else done. I won't be so slow next time. Sincerely, Robert G. Hunt Enclosure SPI-06258 4121 W. 83rd St.. Suite 108 Prairie Village, KS bh2t)N Fax 913-649-6444 9] 3-044-2225