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UNION CARBIDE CORPORATION - Chemical.- ^'Plastics 270 Park Avenue, New York, New York 10017 To': (See Attached Distribution List) Date: November 6, 1974 From: Dr. A. B. Steele Subject: Vinyl Resin Operations Flash Report Vinyl Chloride Monomer The following industry actions have been taken relative to petition for Court review of the OSHA Standard on Exposure to Vinyl Chloride: 1. On October 4, 1974, in conjunction with a Petition for Review and Motion for Transfer filed in the Sixth Circuit, the United States Court of Appeals for the Second Circuit issued an Order granting the Motion of Firestone Plastics to intervene in the Second Cir cuit cases filed by SPI and Hooker Chemicals. 2. On October 7, 1974, Union Carbide Corporation filed a Petition for Review in the Second Circuit. 3. On October 11, 1974, the Industrial Union Department of the AFL-CIO filed a Motion to intervene in the Second Circuit cases. On October 24th, the Court published an Order granting that Motion. 4. On October 17, 1974, the United States Department of Justice notified the Clerk of the United States Court of Appeals for the Second Cir- ' cuit that Steven F. Eilperin, Esquire, Assistant Chief, Appellate Sec tion, Civil Division of the Department of Justice will appear as coun sel for the Respondents, the Department of Labor. 5. On October 21, 1974, the B. F. Goodrich Company filed a Petition for Review in the Second Circuit. 6. Also on October 21, 1974, the SPI, Hooker Chemicals, Union Carbide Corporation and the Department of Justice filed a Joint Motion for an expedited briefing schedule and expedited oral argument in the Second Circuit cases. This week, however, we were informed that the Court will not sit during the week of December 23rd. The Clerk of the Court indicated that, in order for this case to be heard before the first of the year, it would have to be further expedited. Counsel on the Lawyer's Subcommittee obtained the agreement of counsel for the government: the Motion before the court has now been amended. The Record will still be filed on October 31st but Petitioner's briefs will be filed on November 12th, Respondent's brief will be due on December 9th and fetitioner's Reply briefs must be filed on December 13th. Presumably. oral argument in the case will now be scheduled for the week of December 16th. UCC 095321 -2- November 6, 1974 7. On October 25, 1974, Diamond Shamrock Chemical Company filed a Peti1 tion for Review in the Sixth Circuit, followed on October 29th by a Petition for Transfer of that case to the United States Court of Ap peals for the Second Circuit. 8. Early this week the Dow Chemical Company filed a Petition for Review in the Sixth Circuit'and a Motion for Transfer of that case to the Second Circuit. On the matter of filing a Motion for a Stay of the effective date of the Standard, we are currently busy gathering and collating data which would consti tute grounds for such a stay. Specifically, current indications are that the abrupt increase in demand for respiratory protection devices may well exceed the ability of manufacturers of those devices to supply them to the industry by the effective date of the Standard, In this regard, if the data we are able to gather shows that the supply for such devices will be inadequate, our first step is likely to be a Motion for a Stay of the effective date to be filed with the Occupational Safety and Health Administration (OSHA) almost momentarily. If OSHA is not responsive to such a Motion, a similar Motion could then be filed with the United States Court of Appeals for the Second Circuit on November 15th or thereafter, as provided in the agreeaent in the Motion for expedited proceedings. Dispersion Resins Production for the week was 1017. of plan. The Dispersion Resins chromatograph has been reset to 1 1/2 minutes/sam ple point instead of 2 minutes; thus, increasing the over-all sensitivity of the system. Effort will be concentrated on staying below the 25 ppm ceiling. ABS :ml A. B. Steele UCC 095322 DISTRIBUTION LIST -- WEEKLY FIASH REPORT -- VINYL OPERATIONS TO: Mr. E. Bell Mr. G. P. Bigelow Mr. P. E. Bouffard Mr. L. D. Burnett Mr. J, L. Carvajal Mr. D. Engle Mr. E. F. Cox Mr. R. G. Davis Mr. M. E. Eisenhour Mr. C. R. Field ^Mr. R. L. Frantz Mr. J. E. Giffin Mr. R. J. Hanna Mr. J. M. Herbert Dr. M. H. Jellinek Dr. W. R. Manning Mr. S, A. Mortimer Mr. J. Nesmith Mr. G. J. Norberg Mr. G. T. Scott Mr, G. C. Shlpston Dr. A. B. Steele Mr. G. F. Tacquard Mr. R. N. Wheeler Dr. V. Z. Williams 312 33 28 28 514 515 312 312 515 28 515 514 511 28 32 511 28 33 28 28 28 28 515 514 28 Bound Brook (Bldg. 72) New York Office New York Office New York Office South Charleston (Plant) Texas City Bound Brook (Bldg. 200) Bound Brook (Bldg. 72) Texas City New York Office Texas City ^ South Charleston (Plant) South Charleston (Tech Center) New York Office New York Office South Charleston (Tech Center) New York Office New York Office New York Office New York Office New York Office New York Office Texas City South Charleston (Plant) New York Office UCC 095323