Document X79rw3GMwvV9m3a6jLqoEypBd

INTEROFFICE MEMORANDUM received mar 09 1977 Date 8 March 1978_______ (^OSH^nd EPA^Carcinogen Proposals Subject To R. Fleming i_aw From 0 T Barr cc:^w. H. Schenck L, B. Tepper, M.D. Executive (Location, Organization, or Department) Plastics R&Q_________________ (Location, Organization, or Department) I sper^TMonday and Tuesday in Washington on matters relating to the OSHA and EPA carcinogen proposals. Monday was spent with Baise and Bowen at Beveridge, Fairbanks and Diamond hel-pinq complete the draft statement of SPI/AIHC for the 23 March meeting with EPA. A copy is attached. On Tuesday morning, I attended a meeting of the AIHC Scientific Committee where matters relating to the OSHA testimony were reviewed. The important points are summarized below: 1. Copies of the OSHA submittal by AIHC will be mailed on the 13th (Alternative Plan) and 16th {Expert testimony and Booz-Allen report). You will get one copy directly. Additional copies may be purchased through the trade associations. 2. Barnard has met with Wren and OSHA law/ers. They seem willing to schedule the hearing in blocks - OSHA, Labor, Industry, Public, with AIHC and API leading off the industry group, 3. I have a preliminary list of 264 persons who have filed comments and 128 who have given notices to appear. These lists are not complete. AIHC Is to get one complete set of the record, probably some time next week. 4. Arrangements are being made to assign one member of the Scientific Committee on a weekly basis to assist counsel in covering the hearing. Shall we participate? A proposal will be made to the Steerinq Committee that a technical person be hired to provide daily summaries of testimony for the group. The estimated cost will be about $20M. 5. Barnard prooosed nettinq agreement to.limit all speakers to a 15-minute summary statement to be follov/ed by cross-examination on the written record. This will be discussed at the Steering Committee. 6. The order of AIHC testimony is as given.in my previous Steering Committee meeting report. One new scientific witness has been added, a Dr. Campbell of Cornell who will discuss the role of nutrition, and effects of the . proposal on research. (320) AP00047954 TO: R. Fleming Page 2 8 March 1978 7. Assignments were made to the committee to review, summarize, and prepare simulated cross-examination questions for the expert witnesses; and assignments will be made to review potentially hostile witness testimony. The same thing will be done with the OSHA testimony when it is available. 8. New references for the literature file should continue to be sent to Jane Rasmussen at MCA. 9. Rauch has met with Barbara Franklin of CPSC to push his proposal with ' that Agency. 10. The next meeting was scheduled for April 13. The meeting was adjourned after lunch to the Madison Hotel where we were joined by representatives of MCA and-API, and where Baise distributed copies of the draft SPI/EPA proposal. Persons present were asked to provide comments by Friday, and if necessary, a session will be held Saturday so that a revised draft can be sent by messenger to Steering Committee members Monday. The matter of who, and under what name, will present the testimony is not settled. Exxon thinks AIHC should not take on this task. It will be discussed at the Steering Committee, MCA and API supported the SPI strategy as described by Baise. MCA will present testimony on the 23rd, API will enter written comments. Time will be reserved for both AIHC and SPI to preserve all needed options on testimony. API feels that EPA could be helped in deciding that TSCA is a preferred route to toxic chemical control, or at least could be used as a testing and rating process. Sections 4(f), 5, 6(c) and 9(b) would give EPA the freedom to use this route, rather than section 112. The exact location of the 23 March meeting is not yet final. There are six who have filed notices to appear so far, most of these industrial. The panel will be: Joe Pagent, RTP, Chiarman Dr. Roy Albert, CSG Dr. Elizabeth Anderson, CSG Gerald Gleason, Counsel Herbert Auerback, Air J. O'Conner Dr. Mike Waters - Ames test expert. It will be a legislative type hearing, with questions only from the panel. EPA has tentative plans to carry over for a second day if needed. JTB/sjl Att. AP00047955 AIHC Scientific Committee Meeting .. March 7, 1978 R. C. Barnard E. Schwartz Fred Hoerger Marvin Friedman Roger Mangham Carrol Weil M.J. Sloan E. E. Christofano W. R. Taylor C. F. Reinhardt J. T. Barr Marguerite Long Carl W. Umland Maurice M. Johnson Robert J. Reichert Douglas Bess Cleary, Gottlieb Cleary, Gottlieb Dow Chemical U.S.A. Allied Chemical Ethyl Corp. Camegie-Mellon U - Union Carbide Shell Oil Company Hercules Diamond Shamrock DuPont Air Products Dow Chemical U.S.A. Exxon Chemical Co. U.S.A. B. G. Goodrich Co. DuPont Union Carbide AP00047956