Document eQNee7v92G0xjjqZY7xYkEzE

TO: FROM: RE: office MEMORANDUM Robert A. Bunds, Esq. APR 5 1988 mm Marcia A. Haase Dendinger/Wallace PVC Litigation/ Sales Percentages of Defendants to Chrysler Per your request, I have completed the summaries of defendants Stauffer, Diversitech, Shintech and Schulman answers to plaintiffs' interrogatories and requests to produce documents, and have computed all defendants' percentage of sales to Chrysler. Attached are three charts as follows: 1. Nine defendants we represent; 2. Our nine defendants plus Stauffer, Diversitech, Schulman and Shintech; and 3. Our nine defendants plus Stauffer, Schulman and Diversitech. February 2, 1988 MAH:em 3861-1 Attachments ' cc: Peggy A. Vtiipple, Sag. Marcia A. Haase / Illegally Obtained i Document (Infante) PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ycC 060432 OC go So CO CO of nanufscture of fvc resin (Inter. 1. ?, J, s> (Shint^H 1, 2, J> ItSUffOT 1fM*1W ^ Of DISCOVERT RESPONSES ftIntech 1072774 - preoent A. Schulnan Not Manufacturer 1W TM b> oartslon cl bulk dl solution (Inter. 4> 99 (951 bopped, Mlt) I/A; oee Inter. 2 reapenae n/A bbnooot to Wtf, cfcanpss in percentage*: > tngoolw b> million cl bulk 4) solution Stauffer'* uootom facility did net oblp product eoot of Colorado (Inter. $| IBS 90k 2X 0 0 1974 95X 0 0 _m. production Nonufoeturlng proceaa of WC auapanaion; never m/a tear of ssteo of FVC rootn to Chrysler, (Sondlnner espoeur* 8-9-46 to 10-00; Wallace eopoouro 10-0-72 to 4-19-78) (Inter. I) 1947-1977 no 1978, 1979 no rocordb; betlevee sale* occurred Voluae if ale* of WC reoln to Chrysler in lbs. - >tel know et this tine, ace aparate hart for breabdoun of sales per rear (Inter. 7) 3.020 1947-1973 N/A 1974-1970 no esleo 1977 1978 no sales 1979-1980 1947-1973 no soles 19761977 no sates 1978-1900 Biveraitech Presently not nanufocturer first began 19W 100X suspension Never changed 1972197419771970 no solas 1970-1900 no soles PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" Annual sales to Chrysler, percentage of suspension, anutsion. bulk and solution (Inter. 8) i OMtUSL 1978 1979 hii Ur*. -0- Ead -oUr*. Shintech 1977 186,660 tbs. 1978 -0- 1979 361,820 lbs. 1980 2,971,390 tbs. 100K suspension A . Schulawn 1976 3,307 tbs. haaopolyaer 1978 211,662 lbs. copotyoMT 1979 88,186 tbs. copolyner 1980 68,297 Ifaa. - 2,203 lbs. heaspol^sr -66,092 lbs. copolyear ion seal! sion all four years Diveraitfch 100* suspension Testing to dtteraine eonesntration of RVOt in pvc resin after Manufacture (Inter. 9, 10, 16) Annual sates to Chrysler, percentage of hoMcpolyavc, copotyoMr, terpolywer (Inter. II) Tee; iff teeting done In 1066-1901; specific testing results unknown Tee; testing pregraa established 1976; records of teeting retained and awai table; typically shew less than five parts of tVCN per ail lion Ho records aval labia; bat laves SVC resin sold 1970 copolyuer; 1979 , sales haaopolyewr 10n heaopotyaer Ho testing conducted; see Inter. 13 answer 1976 100* haaopolyaer 1978-1979 ion copolyner 1980 (a) 2,203 lbs. hoaapolyer (b) 66,092 lbs. cepotyaar (c) terpolyaer none Tea; teeting done in stir fora for residual v.c. at Control tab., Ashtabula; trace to approo. 1,000 py SVOt In slurrage 100* hoaopelyaer Oates of Manufacture of SVC and shfpaont to Chrysler (Inter. 17) Ho records; believes sales In 1970, 1979 ahipaant; Manufacture dates bellevsd within seven days prior to shlpaant Dates of Manufacture unknown Shlpaant dates: S/06/76, 3/08/78, S/10/78, 8/09/78, 10/18/78 12/30/78. 3/22/79, 10/31/79, 2/29/80, 3/17/80 Within 30-90 days; specrecords no longer evatli notification to Chrysler that VCN heierdoua or suspected carcinogen (Inter. 1), 16, 10) Warnings on products fron 1976; lata 1970`s, no warnings required, SVC resin below OSHA trigger level; no other records available Yes; Mil of lading contained warning; warning placed above wloadlng spout on rail cars; technical data sheet regarding resin Have not found writtan notifi cation; 1976-VCH weargad aa challenge plastics induetry; waa well known and pubtIclaod thru industry; Chrysler should have known due to Its amber- sMp in Society of Plastics Industry Yes; 12/2/71 - 1st MOO available to Chrysler; revised 1973; ova11able Chrysler, S/7S "A Hevle OSHA and EM Actions on theatre to VC" sent to Chrysler; no written re of Chrysler requests fc infomstian First aware that VCM hatardous or suipectnt carcinogen (Inter. 17) Wfit aupplanent answer; tested SVC resin, deterMined level VC sonoswr PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" When construction began on plant; andical studies not perforond to deterMine whether carcinogenic See answer to 13 and 16 -2- 1973; no stops taken Effort* tri reduce concentration of tVOt in I've aanufactured (Inter. 19) i Stauffer ^ ffibasquant to 1/67, Improved process regarding Haw and addreee of knowledgeeble eaployee Conducting further (Inter 20) discovery Record* nt sale* of PVC to Chryater tram 1-1-67 to 12-SI-80 (Icq. 1) Ho records oval table Records nf salea of suspension, Mule ion, bulk or Mtlutton PVC to Chrysler (Req. 2) Ho record* available Record* of aalea of hoaopolyour, eopolyuer, or torpotywr PVC to Chryaler (Req. 3) Ho record* aval(able Recorde of lire of PVC told to Chryaler (Req. 4) Record* o< result! of testing for concentr.i' ion of RVCM (Req. S, 1 ) Ho record* aval table Ho record* aval table Material Safety Data Sheeta (Req. 6) Ho record* evaitable PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" *<ntech 1977 (natal lad stripper cetuvu and nitrogen purges; reeulte: reduced Mount RVCM released drying process; finished resin sow grade* RVCM reduced John J. Tonga 137 Raaawood Lako Jocfcoon, IX 77366 Rualnag* Adfrea* Shlntoch, Inc. 3616 Seat Highway 332 Freeport, IX 77341 Attechwnt behind Anew. 1 to Request* for Produc tion; discovery ongoing 100ft auapenaion; aao Inter. 4 and 6 aneuar All reeln hounpolyuer; eee inter. 11 answer, attechaunt Ho. 3 to Request for Prediction Attacfuunt Qoruaant Ho. 4 to Request for Production Req. 5 - Record* available/ objection; attacfuunt Roq. ft Request for Production Attacfuunt Ho. 6 Request for Production A. Schulwn K/A H/A Qiversiteck Iqnud resin slurry end testing %. SrandVfeu P.O. Roe 2632 Odessa, TX 79760 Didi't aubuit Request Production \ X 1 t ucc 080436 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" > * $ $ * O INEEX OF EEP06ITICN OF ROSOOL NICHOLAS WHEELER Taken Decanter 9, 1987 CASE: Mary A. Dandingar v. Oirysler Plastic Products, t al., case No. C87-7117 Uhltad States District Cburt for the Northern District of Ohio', Western Division F&H FILE HO.: 3861-1 FftfiE NtMBER 5-6 5 Address: 2611 Pjttar's Lana Melbourne, Florida 32901 Tvo Years 6 Prior Address: Charleston, West Virginia 6 Age: 65 6-7 Harahall University, Huntington, West Virginia, 2 years. 1941-1943 Virginia Polytechnic Institute, B.S. chan. Dig. 7 No additional collage credit courses. 8 BfflCaflgg: 8 3/15/1943 union carbide Institute, West Virginia. 19 1947 - Production Supervisor, South Qiarlaston plant, regarding solvent polymerization. 22-23 23-24 " 29 30 61, 68 1958 - Production Head - eng. daeigpi project, new process evaluation; business, sopranic analysis. Area Sigwrintandent. 1965 - Dispersion process. 1968 - Production Manager/Bulk Nonsolvent Suspension. 1985 - retired Aron Union carbide; has dons sans contract work for Uhion Carbide since in area of litigation, paid per dian. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060437 8 ILEHES: 1. 1943-1944 - Gas analyst, primarily butadiene styrene; 2. 1944-1945 - Technical Ass't.; Styrene Mfg. portion; 11-12 3. 1945-1947 - Production Siperviaor/iech. Project work -regarding solvent polymerization of V.C. using 'solution prooess. 9 tftiion Carbide never pro&ioed WC at West Virginia Institute. 9-10 Union Carbide produced IVC at: 9 1. South Charleston; 10 2. Texas City. 13 Not familiar with monaner recovery method used during 1945 and 1946 in enulsion prooess. 13 Regarding solution prooess: 1. Monomer recovery method used was distillation operation; 14 2. Prooess still in use though modified about 1974: 15, 16 a. flash tank added after distillation column approx. 1947, 15 b. doubled limber of distillation trays. 16-18, 34, 35, 87 c. seme testing dons between 1947 and 1974; doesn't recall then or how; does recall methods of analysis not accurate during early years, d. prior to 1970, doesn't recall vhether tasting dona ornot, a. V.C. monomer polymerized into IVC was 40-45%; 19, 20 _ 3. Polymerization prooees started about 1952; 19 4. Does not know whether customers prearidad with testing results after 1970 regarding FJC resin for V.C. monomer content. 29 5. Cnly makes copolymers; does not make hcmopolymers; 29 6. lamr in molecular weiit than suspaneicn resin; 7. Soluble in many solvents. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" "2" gCC 060438 Y 20, 21 21 24, 25 24, 25 25, 26, 33 27 27 29 29 30 30, 31 31 31 31, 32 32 32 32 32 32 Agrees: V.C. used for polymerization processes both acetylene and ethylene derived. TO' Uiion carbide stopped manufacturing V.C.; purchased it fmoe Dow ChmeLcal-; Approx. 1960, Union Carbide purchased suspension technology frtm Walker Chens, Federal Republic of Germany. Began manufacture of suspension PVC at South Charleston plant; used only fsv years. Process transferred to Texas City plant; explosion at plant in 1977; not enough money made on prooass to justify expenditure to replace. pRQW lUiUUGn Vlfiyi pVBBMSe 1965 - Became involved in dispersion process. Batch vacua# stripping operation used during dispersion process to remove residual mcnaner from resin. 1968 - Residual monomer removed from resin produced by bulk/nonsolvent process by insertion of slurry into tank of hot water which boils unconverted monomer from polymer. Regarding; Size of resin particles produced in four processes: 1. Suspension polymerization prooass - 60 microns to 150 microns, 100 median; 2. Solvent prooass - 75 microns as median; 3. Dispersion pr*ooass - 5 microns in diameter; 4. Nonsolvent bulk pmnaws - 60 microns; Regarding: Porosity of four processes: 1. Baulsicn - fairly dens* particle, but email; 2. Solution - snowflake-like, very porous; 3* Nonsolvent - very porous; PRIVILEGED AND CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -3- UCC 060439 32 4. Suspension - large particle; porosity was problem. 35 Regarding RVOf in resin prior to 1974 (relative terms): .35 1 Solution process - extremely low (2 or 3 ppu); 35 36, 37, 82, 85 2. Dispersion process - doesn't recall ever seeing data; 3. Suspension process - quite high (1,000 ppa): 39 a. produced homopolymar primarily; 39 40, 41 41 b. do ptroduoe acme copolymers. Agrees: Prior to 1974 ACGIH had regulations regarding permissible exposure levels to V.C. which were lowered: .1 Doesn't know when lowered or how much; 42 2. Doesn't know whether customs informed prior to 1974 regarding exposure levels of bunans to V.C.; 43 3. Prior to 1974, union Carbide furnished material safety data tfieets to its WC customers; believes responsibility fell under Research and Develcpnant Dapt. 43-44 , / 43 44 Knows: 1. Or. Demahl - Associated Medical Director, Union Carbide; 2. Dr. K. S. Ians --wee -in Onrparst* Medical Dqpfc., union Carbide; " 44 3. C. P. Carpenter - Industrial Hygiene Fellowship, Mellon Institute. 45 union Carbide hired Mellon Institute to investigate effects of denies!* on living organism. 46-48,-53, 54 Results furnished union Carbide and published in Ttaaclcologv and ftTIP] pharmacology. 1966, by anyth 6 Weil; "Chronological Oral Itodcity to Rate of Vinyl Chlaride-^Vinyl Acetate Copolymer." 49 Mellon Institute didn't provide ary additional data after 1966 regarding toxicity of V.C. and its adverse health effects in 49, 50, 51, 52 Does not recall manufacturing process used in 1966 when Mellon Institute prepared article; work done such earlier than 1966. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" . ' UCC 060440 X V 53 , 54 , 55 55 57 56, 57 58, 59, 60 61 62, 63 64, 65 64 54 J 65 66 67 67 71 71, 72 Mellon Institute performed a lot of testing for acute toxicity for skin sensitivity; has no knowledge whether results fublished; results indicate JVC resin inert material which had no generalized effect on animals or humans. 1966 - MCA acro-osteolysis - epidemiological study done due to BP Goodrich reaction cleaners identified as having this condition: ; 1. ttos Union carbide representative in planning, coordinating study; 2. union carbide received report of study about 1969, published in eeries of three articles at university of Michigan by Denaan around 1970; 3. Study failed to identify V.C. as cause of acro-osteolysis; same study done in Europe by Dr. IePevre; Europeans could not determine cause either; 4. Doesn't knew whether this information passed on to resin customers; none had reactor cleaners. Has testified before regarding: 1. New Jersey persona] lawsuit about 1978: a. involved carcinogenicity, b. enployee of Amboy Terminaling Company, c. plaintiff's attorney Levinson, d. deposition taken by Bitney, Harden t Kipp, near Newark, a. case settled. 2. chio lawsuit about 1984: a. involved exposure to JVC, b. plaintiff had progressive mltiple sclerosis. Bxhihtfr 7 - Response of union carbide to Plaintiffs' Requests far Production of Documents. Ibid union carbide where to look for documents regarding responses to requests far doammnts; viewed responses one week ago. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -5- UCC 060441 71 Doesn't think supplanerrtal documents provided today constitute complete responses to document requests. 72 Told Mr. Davey that he should look for additional documents. 73, 74, 171, 172 Early 1974, Union carbide began doing residual monomer analysis on all batches of resins sold; believes these would be responsive to request; originally kept records of where batches sold; have since been destroyed. 75 Doesn't know whether these results furnished Chrysler. 76 Believes Union Carbide answers to interrogatories oceplete and accurate; when answered. Union Carbide bulk process discussed, not bulk process in general cue at that time. 77 Explanation of Union carbide's ncnsolvent/bulk process; 77 1. Low convention continuous polymerization process; 77 2. Stripped of free monomer Icy boiling in hot water; 3. Resin particle relatively small, extxemsly porous. 76, 77 Has impression of nonsolvent/Bulk process of others: 77 1. TWo step batch process; 77 1 77 2. V. C. monomer converted to about 90%; 3. Free monomer removed by vacuum operation; 77 4. Particles larger, more danse than Union Carbide's. 77, 78 Never discussed health effects of V.C. exposure with Chrysler; doesn't know if anyone else did. 78 Agrees: Union carbide started ocemarcial production of solution JVC resin in 1933. 78 Onion carbide started bulk process about 1936; started enulsion process about 1942. 79 Doesn't know if union carbide made technical changes in KVOl recovery prior to 1974. 79, 148 Regarding changes mads: 80 1. vacuum stripping systems Installed 1967 or 1968 created second string step in production operation which reduces residual mcraner; never furnished with data as was before his tins as production manager. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060442 81 81, 82 82, 83 83-84 83 83 83 83 84 84 84, 85 85, 86, 87 87 87, 88 89, 90 90, 91, 148 .2 Additional dryer time reduced volatiles, i.e. reduction of unconverted free monomer; doesn't have knowledge of testing. 3. Air blcvn into resin bins tftich swept residual monaner out of resin. After 1974 hanqpolymer mantoer resin significantly lower, 500-600 ppn as oppooed to 1,000 ppm before 1974. Texas City storage: 1. Resin dried, put into bins vftiich were screened; 2. Placed next in ship containers; 3. Stored on dock to 28 days; 4. DeCk loaded on tanker; 5. carried to Perth Antocy where stored in storage yard. Bag resin stored in warehouse whan in demand; when warehouse stock depleted, boons ware taken fran storage yard, additional resin bagged for warehouse use. Texas City shipped FVC resin in bulk and bag. Mid-1970's, RVOi content in mgS/fttttM/Htrimfar Union Carbide MMtflHPproduoad In Texas City; tasting data reported by Texas City Quality Control laboratory. lity; not enough profit. process production cut to 80,000,000 lbs. in 1980; Uhlan carbide still manufactures product today. 1981 article doss not accurately describe suapvwlon polymerization process utilized by Union Carbide in 1977 as Uhlan carbide Agrees: V.C. is neither absorbed nor adsorbed by JVC. Agrees: RVCM is a gas encapsulated by solid JVC particl . Residual V.C. monomer content of various types resin made by suspension process varied widely. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER1* -7- ucc 060443 92 Increased porosity not a goal of aeration; goal was to sweep away V.C. noncner. 93, 94 1974 - technology regarding reduction of KVCM content in suspension produced resin available to everyone in industry. 95 Fran personal knowledge, would say no connection existed between human health and V.C. prior to NIOStVGoodrich report of angiosarcoma in early 1974. 96 Was aware of Viola's work in 1970 and 1971; information along to Siberian at Union carbide. 96 Has surprised high dosage of 30,000 ppm given rats for viola study didn't kill than. 97-99 Plaintiff's BUtMyUfr not same paper as seen by witness at meeting in Texas; has seen since then. 99, 100 In 1971, knew reports where alterations in skeletons of workers exposed to V.C. existed; knew nothing about alterations in nervous syston or hepatic function then. 101, 103, 104 Plaintiff's identified as Viola report given at Texas meeting; personally did not attend; has copy received at general industry meeting of Manufacturing demists Association. 96, 102 Agrees: 1971 - knew Viola study showed 65% of rets exposed to V.C. dosage of 30,000 ppm developed akin taanars. 102, 103 States: If article says type of canoer being developed by rats was either epidermoid or mucoepidermoid carcinomas, then he saw it; is not knowledgeable about neoplasms. 103 Also saw section regarding site where tumors located as being region where subimaxilary and carotid gland located. 104 Does not know whether Union carbide made attsnpfcs to notify custaaers or Manufacturing dwsnists Association meeting in 1971 of tr. Viola's study. 104, 105, 111, 112 Plaintiff's Exhibit 7 - identified as Viola article received by him about 1973. 105 Agrees: Uhlan carbide representative met with Dr. Viola in 1971; article appeared in canoer Rew^yrfr in May, 1971. 106, 107 After learning of Viola's work, Union carbide concentrated its efforts on determining whether V.C. exposure was cause of canoer in humans. 107, 197 His opinion: Exposure to V.C. causes hepatic angiosarcoma. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" -8 ucc 060444 108, 109 109, 110 112 112 112, 113 113, 115 114 115 - 115, 116 115, 116 116 H6 116 117 117 Plaintiff's Exhibit 6 - identified as Wheeler nano to Union Carbide associates dated 11/23/71 regarding results of Manufacturing Chanists Association called because of Viola paper; nano was not intended for circulation outside Union Carbide; union carbide would take lead in toxicity testing of V.C., in getting funds to get program off ground. Mane dlsaianef results of viola's work based on Viola's paper presented in Houston and his impressions of others' input at meeting. At time mono of 13/23/71 written had not seen Plaintiff's Exhibit 7. Explanation: Had asm original Viola paper and word of mouth transmittal heard seoondhanded from various people at time 13/23/71 meno written. Although article available in 1971 to Union Carbide and him, and he referred to it, cannot say actually had paper in hand. 13/23/71 mono regarding unpublished data refers to information obtained then Viola came to Washington, D.C. 5/71 to meet with Union carbide's Dr. lane and other medical men. Agrees: Unrecorded data contained in 13/23/71 mono regarding tumors in rats shows concentrations substantially less than 30,000 ppm. Agrees: Data above 30,000 ppm available previously; data below 30,000 ppm not available. mimfmia Doesn't think he saw second Viola article before 5/71 meeting. irhrtilfl ims t ^ States. States reason far meeting was to try and decide what Viola had seen and what sort of problem might arise fran that. Personally has never met Viola. Does not know what steps Uhlan carbide took towards its customers after obtaining Viola published and unpublished data. Has no knowledge as to efforts Union carbide made to notify OSHA of Viola's published and urpblishad data. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060445 118 States: Up to about 1974, OSHA had a 500 ppn limit for dplc^aes exposed to V.C. 118 States: Industry met with Dr. Marcos Key in 1973 to review information we had and ongoing program regarding testing. 118 Didn't disclose Viola urpublishad data car Dr. leFevre's information to Dr. Key in 1973 as had additional data at that time. 119 11/23/71 portion of memo regarding eesdeue psehLas thet oould ariee Mould Viola's mock be p*>1 lahml in United States reiterated; admits authenticated same. 120 Didn't receive criticism frtm Union Carbide supervisors regarding his positions in 11/23/71 memo; received support for - . tcodcity testing program. 121 Agrees: These were Dr. LeFevre's theories in 1971; 121 1. Informed MCA Rananian work showed 10% liver enlargaoent, as well as acxo-osteolysis; 121 2. Indicated workers in Spain Showed unnatural weariness possibly indicating liver involvement; 121 3. Had seen lesions in knees and pelvic area of back; 122, 123 As result of meeting with Dr. viola, occupation Health Oomnittee of Manufacturing Chemists Association dealing with Union Carbide farmed; was Madman. 123, 124, 125, Plaintiff** Bvhlhlt fl introduced - confidential internal memo 126, 132 written by fheelar to Union carbide associates dated 7/19/73 regarding NIOSH masting he attended on July 11, 1973; agrees: wrc&e drrxment and signed same. 127 Agrees: Generally known data was to be provided to NIOSH; were to review everything known i*> to the date of the meeting. 127, 128 Doesn't xvmeobar whether Dr. IeFsvre data received in 1971 furnished to NIOSH In 1973. 128, 129 Recalls Dr. Rowe and Dr. Duffield going into everything known up to date of meeting with NIOSH. 130 States: Vtiile Dr. Viola oaaidssloned to study aero-osteolysis, discovered link between V.C. exposure and cancer in rats; purpose of study was to study possible causes, make oomections between V.C. and acio-osteolysis. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060446 131 could find exit nothing about Dr. Maltoni's toxicity work until Dr. Duffield cane over in 1973. 131, 132, 133 Dr. CXiffield enployed by Imperial Qienical Industries, a European FVC manufacturer. 132 Representatives attending NIOSH nesting 7/11/73: 132 1. Ethyl Corporation, FVC manufacturer; 133 2. Union Carbide FVC manufacturer; 133 3. Manufacturing Chuists Association - is industry trade association; refused to participate In lobbying; 133, 134 4. Doesn't know whether Mr. Barackman present at meeting. 134, 135 To his knowledge, n for distribution te 135 7/11/73, did 135 136 i 137 138 138, 139 139 139, 140 140 Personally didn't tell anyone about Dr. viola or Dr. LaPevre studies as of 7/11/73. Was amre of articles connecting V.C. exposure to acro-ostaolysis in 1967; aware of articles regarding disturbance in liver function among V.C. workers in 1971. States: Wheeler Exhibit 7 and 8 were incorporated in his files at Union carbide; doesn't know if they exist in Union Carbide files. Health Oanaittee. , ; wes not part of Occupational Believes all JVC manufacturers participated in task force. Wle industry invited to meeting with Dr. LaFsvre; meeting of Viola attended by small grop, not sure who - knows Dr. lane. Union carbide present. Has no knowledge whether Vida information distributed to other United States V.C. manufacturers In 1971. Regarding: FVC industry's awareness of Dr. Viola's and Dr. LeFevre'a work in early 1972: PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" 06W47 140 1. Was chairman of ocnmittae famed which needed $350,000 for research; 140-144 2. Believes every masher in industry told so they could contribute. 144, 145, 146 Exhibit 9 - attended meeting discussed in exhibit; doesn't kncv where document came from; has no mmnory of seeing before. 146, 147 States: lower residual levels brought on by connection of V.c. with angiosarcaaa. 147 Improvements in monomer stripping technology oocurred somewhere between 1975 and 1981; has no knowledge what these improvements were as Union Carbide cut of the business. 148, 149 148 Union Carbide performed testing in 1977 or 1978 regarding: 1. Heat accelerating escape of ^VC monomer to ambient air; 148, 150 2. Amount of residual monomer lost in bulk container. 149, 150 Tasting performed about same time as union carbide able to reduce KVCM concentrations in suspension resin; cannot be exact as to vhat happened first. 149, 150 States: V.C. comas out of resin more readily when product parous; Union carbide wes able to make more parous suspension product to sane extent. j 150 Changes happen slowly; is process development. 151 Prior to 1977 and after end of 1973, union Carbide conducted teete regarding rate at vhich suspension resin lost residual 152 Agrees: in IVC fabricating plant probable exposure to VC mcnrmer would be first looked for in area where JVC heated, i.e., dry blending step. 152, 153 Regarding: union carbide fabricating plants in Bound Brook, New Jersey and Ottawa, Illinois: 153 1. Doesn't know whether ambient air monitoring done prior to 1974; 153 2. Doesn't remmiber seeing data regarding ambient air monitoring; 154, 170, 171 3. know whJdid^r^rSulbiT11^ PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060440 154, 155 Exhibit 2 Answers to Tnt^rrcoatories: Regarding: Response to No. 6: Has never notiaed difference in HVOt content between vrm, vu and VMM. 155 Professional organizeticns/nmberships union Carbide involved with: 1. 156, 159, 160 2. 159, 160 160 160 156, 157 3. American Institute of Chemical Engineers; Resource Counselors; amber about 1974-1978: a. sacked with om ngudlny i"T-- at V.c. standards In 19M, b. ambers were fabricators or aamfacturers of JVC and/or V.C., c. doesn't know whether Chrysler a amber. Itolyvinyl Chloride fabricating Industry EfeMffriaiMiidM Steering Ommittee formed about 1974: 157 a. ambers ocnsisted of JVC fabricating industry and PVC resin industry ambers, 157 157, 158, 159, 173 _i i b. doesn't know whether Qirysler even on ccmnittee, c. ocraaittee hired MHHHa about 1974 to conduct proportional epidemiological study of mortality In IVC fabricating industry; doesn't feel oenpetent to discuss results; Chiazze information available to everyone through publications. 161 d. Society of Plastics Industries VCM EPA Tech. Ccraaittee: 162, 163 (i) grap did discuss their esqperienass with V.c. at time of OSHA hearings on proposed standards, 162, 163 (11) doesn't recall thu talcing a position to support anybody, 163 (iii) Chrysler was not participant. 164 Thirty or so resin manufacturers were umbers of MCA Vinyl Chloride Technical Ocmnittaa; doesn't know of any IVC resin manufacturers who were not. 165 Research program subocranittse consolesicnad: 165 1. long term inhalation study of V.C. in rats and hamsters; work dons by Industrial Biotest; PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 080449 165 165 166 166 166, 167 167, 168 168 2. Metabolism study by Dow; 3. Epidaniological study by first Tabershaw/Cooper and believes Equitable Bwironmental Health Associates; 4. All of their research made public in journals when completed. No other studies in the industry, trade organizations or associations done which were not made public. GC used when testing Union carbide batch of resin for KVCM started in 1974; has no idee of cost per test. Answers to Interrogatories - No. 17: 1. Papers referred to publicly available; 168 168- 169 169- 170 170 173, 174 174 Epidemiological studies reports done at south Charleston and Taxes City were not published. Study revealed nothing of narked significance; regarding statistical significance, would need to review; had copy which he transferred to retired. Doesn't Know if Oiiazze work included Bound Brook and Illinois fabrication facilities. To his knowledge, no cne ever contended that any angioearccna cases arose at Bound Brook or Illinois facilities. 174 Doesn't know when Union Carbide attorney, last 175 Plaintiff's Exhibit 10 - letter to 06HA from John Whittlesey dated 3/5/74; letter attachnent from John Wiittlasey to office of Standards dated 12/12/73. 176 Quite sure has seen before; was not furnished in response to request for production of doaanents. 176, 177, 178 Believes document speaks far itself regarding union carbide's position regarding QSHA's enactment of tanporary emergency PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" - 14 - 060450 standard governing manufacturing of FVC and V.C. exposure of less than 200 ppm reoarmended by ACGIH. 178, 179, 186, Plaintiff's Exhibit 11 - Letter from Vheeler to OGHA dated 187 March 7, 1974 enclosing union Carbide's position regarding work practice far V.C. resin manufacture; wasn't produced pursuant to document production request es had forgotten about It; was part of union Carbide irput to OGHA hearing presented by Richard Hughes, Union Carbide Vice-President. 179, 180 1. Xtoge 3 - Item 1 - trying to find work practice acceptable to |VC industry and Union Carbide; solid mixtures refers to FVC; 180 2. .1 percent translates to 1,000 ppn. 181 Page 4 - Item 4(a) - was trying to cane 19 with practice acceptable to industry and Union carbide; felt 50 ppm on time weighted average safe level. 181-182 [R. A. Bunda's objection to question whether union Carbide's position concerning C6HA regulation regarding V.C. should apply to every person exposed to V.C. 3 182, 183, 184 rage 8 - Ho. 8 - Union Carbide believed each cnplcyee exposed to V.C. should be told of hazards. 184, 185 Mian 0SHA issued V.C. standard. Union Carbide position changed. / 185, 186 Although studies done in 1973 and 1974 could have been ocBtnissioned 5-10 years earlier, there was no indication they were necessary than. 187, 188, 189 ' -r--rr pf -- ' I "`"`^1 ' 1 ' ` JflM^VpMoesn't Ionov whether Oirysler received; doesn't know if ary information furnished earlier. 189, 190, 191 identified as proposed warning label for bagged IVC products far use by KA before BF Goodrich incident; 191 Doesn't know of any dust mask or respirator designed only to prevent dust inhalation which can prevent inhalation of gaseous V.C. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ucc 060451 193 193 193/ 194 194 194 194, 195 195, 196 196 196 196, 197 198 198 198 198, 199 199 rwjMst; introductory letter acvers work dene in Union Carbide laboratories; attachment is section "Vinyl chloride Monaner Threshold Odor Concentration in Air" written by Wheeler. Test results at union Carbide South Charleston laboratory determined normal odor detection level of VCM at 2,000 ppn. BF Goodrich information determined later that people routinely exposed to V.c. often couldn't detect its presence below concentrations of 4,000 ppm. Agrees: Testing at end of document done at Union Carbide's Texas City facility; date of report May 21, or 22, 1974. Sene testing of type reported on these tables was done prior to 1974 regarding exposure of reactor cleaners at Texas City' and ` South Charleston about 1970. Tasting done because aero-osteolysis study didn't connect or disconnect v.c. fran exposure to monaner. Did testing to insure people working inside reactors exposed to 50 ppm or less as was rsocanended by MCA Occupational Health Oonmittee study; received results of study about 1969. Union carbide did not pass this information on as was manufacturing problaa, not oustrrar prefciaa. Plaintiff's Exhibit 14 - identified as addition to union Carbide testimony at QSHA hearing. Plaintiff's Exhibit is - identified as Dr. Demeil's testimony on behalf of Society of Plastics industry to 06HA hearings. e Plaintiff's Exhibit 16 - identified as information given Dr. Zessiter regarding methods of monitoring V.C. concentration in work qpaoe air. Regarding section of docuaant called "Control and Recovery of V.C. BatesIons," written by Vtoaalar: 1. Believes subparagraph 1 as written too broad; 2. Do n males off grads product all the time. Elftlntiff'f Btfllfrit 17 - identified as document seen previously containing proposed V.C. standard; was added to 06HA hearing iiput. Agrees with statement, page 11, that single teaspoon full of liquid V.C. introduced into normal sized room enough to cause peasant tenparary standard to be exceeded. - 16 ucc 060452 208 208 209 211 211 211 211 211, 212 212 212 2ik, 214 214 Believes I6D toasts provided by Union Carbide to customers for resin inversions between 1971 and 1981 versions. Has no specific knowledge but believes product literature provided by Union carbide to resin customers before 1974. Regarding Ettiibit 17 - funding far research: 1. SSyth study - Union carbide; 2. Rest done through industry ccm&ittees, et NCR or Organisation noacnrras Counselors. Difference between ppm by weight and pps by volime. 1. ppo is gravimetric determination; usually done on solid or liquid; 2. ppm by volume is usually gaseous. Ffm of resin refers to ppm by weight. Air sample or gas ample referred to as ppm by volume. IWo terms are not interchangeable. Has been told by those doing reneairh of the difficulties extrapolating animal data in relationship to effect on humans. Regarding translation of figures far residual V.c. monomer from ppm by weight to ppn by volume. 'Gaseous material with high molecular weight converted to weight percentage would show up a such higher figure on ppm by weight basis. \haase\depos\vbeeler. pvc - 18 - PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER*' ucc 060454