Document edLRpRDLXQrjOXvkJOmGwZzm

1 i IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION ETTA WALLACE, personal representative of the Estate of Fred A. Wallace,'et al., Plaintiffs, vs. CHRYSLER PLASTIC PRODUCTS CORPORATION, et al.,. Defendants. - ) Case No. C 84-7864 ' ) [Hon. Nicholas J. Walinski] ) ) ) ` RESPONSE OF DEFENDANT DIAMOND ) SHAMROCK CORPORATION TO ) PLAINTIFFS' INTERROGATORIES ) DIRECTED TO ALL DEFENDANT ) PVC MANUFACTURERS ) ) ) oq- . *.. "' ' f Now comes Defendant Diamond Shamrock Corporation, and .. in response to plaintiffs' interrogatories, states as follows: INTERROGATORY NO. I: Are you a manufacturer of polyvinyl chloride (PVC) resin? ANSWER: No. Diamond Shamrock has not manufactured PVC resin since the sale of its PVC operations to BFGoodrich Company on 12/21/81 (Deer Park, TX plant) and to Ethyl Corporation on 4/15/82 (Delaware City, DE plant). INTERROGATORY NO. 2: When did you first begin manufacturing PVC resin? ANSWER: In or about 1953. UCC 045825 INTERROGATORY NO. 3: Have you manufactured PVC*resin continuously since the date indicated in; your answer to interrogatory number 2? ANSWER: . Diamond Shamrpck produced PVC resin continuously from about 1953 until April 15, 1982. INTERROGATORY NO. 4: Indicate the percentage of all PVC resin manufactured by you in calendar year 1967 that was the result of the following processes: (a) suspension; (b) emulsion; (c) bulk; or, (d) solution:. . ANSWER; " `I This information is not available to Didmohd Shamrock at the present time for its former Delaware City, DE plant. Diamond's former.Deer Park, TX plant produced PVC resin by suspension and emulsion (dispersion) processes. ' INTERROGATORY NO, 5: Indicate the extent to which the percentages of your total PVC resin output attributed to any of the four processes identified in the prior interrogatory have changed since calendar year 1967, by indicating the specific changes made and dates of all such changes. ANSWER: As of 1975, approximately 88% of Deer Park resins were produced by the suspension process and 12% by the emulsion process. In and after 1975, these percentages changed to 95% and 5%, respectively. INTERROGATORY NO. 6: Did you sell any PVC resin to Chrysler during calendar year (a) 1967; (b) 1968; (c) 1969; (d) -2- ucc 045326 1970; (e) 1971; (f) 1971 [sic]; (g) 1972; (h) 1973; (i) 1974; (j) 1975; (k) 1976 ; (1) 1977; (m) 1978; (n) 1979; and, (o). 1980 . ANSWER; See Exhibit 1 attached hereto for a summary of Diamond Shamrock's sales of PVC resins to Chrysler Plastics for the years 1967-1980. INTERROGATORY NO. 7: If your answer to the preceding interrogatory is, in any part, "yes", indicate the total volume of PVC sold to Chrysler during every year that you sold PVC resin to Chrysler. ANSWER: See Exhibit 1 attached hereto. INTERROGATORY NO. 8: For every calendar year between 1967 and 1980, inclusive, that you sold PVC resin to Chrysler, indicate the percentage of such resin which was manufactured by the following processes: (a) suspension; (b) emulsion; (c) bulk; and, (d) solution. ANSWER: All resins sold to Chrysler Plastics Division between 1967 and 1980 were produced by either the suspension or emulsion process as follows: Suspension Emulsion 1972 1973 1974 1975 1976 1977 1978 1979 1980 0% 86% 100% 99.9% 60% 13% 0% 0% >47% >4%; 100% 14% 0% 0.1% 40% 87% 100% 100% <53% UCC 045827 INTERROGATORY NO. 9: Did you at any time conduct any testing to determine the concentration of vinyl chloride monomer contained in your PVC resin at any time following manufacturing? ANSWER: Yes. ... INTERROGATORY NO. 10: If your answer to the preceding interrogatory is "yes," indicate: (a) what testing was done; (b) when such testing was done; (c) who conducted the testing; and, (d) what the results were. ANSWER': ( Upon information.and belief, testing for residual, vinyl chloride monomer (RVCM) in Diamond Shamrock's PVC resins was conducted on a daily basis by Diamond's quality control laboratories at its Deer Park and Delaware City plants from 1975 through 1982, and on a less frequent basis prior to 1975. Due to the sale of Diamond Shamrock's plastics businesses, very few records remain in Diamond Shamrock's possession regarding such testing. The two records located thus far are Exhibit 2 attached hereto, indicating that random average RVCM in PVC 450 bulk car shipments averaged 102.39 ppm in 1974 and 20.61 ppm in 1975; and Exhibit 3 attached hereto, giving daily RVCM values for various PVC slurries for various dates in 1979, 1980 and 1981. Upon information and belief, after such slurries went through dewatering, drying and weathering prior to shipment, RVCM levels in PVC resins were further reduced to levels below 10 ppm in such years. INTERROGATORY NO. 11; For every calendar year in which you sold PVC resin to Chrysler, indicate what percentage of the PVC resin sold was: (a) homopolymer; (b) copolymer; or, (c) terpolymer. -42$ ANSWER: All PVC products sold to Chrysler Plastics Division between 1968 and 1980 were, either homopolymer or copolymer, as follows: 1972 1973 1974 1975 1976 1977 1978 1979 1980 Homopolymer 100% 100%. 100% 100%' 100% 87% 100% 100% >37%; <96% Copolymer 0% 0% 0% 0% 0% 13% 0% 0% ^4% INTERROGATORY NO. ,12i With respect to every sale of PVC resin from yod to Chrysler, indicate the date on which such j\ resin was manufactured and the date on. which such resin, was shipped to Chrysler. ANSWER: Upon information and belief, the invoices, copies of which are collectively marked as Exhibit 4 attached hereto, constitute records of all of the PVC resins shipped by Diamond Shamrock to Chrysler Plastics Division during the period 1968 through 1980. These invoices indicate the dates of shipment of such resins. Diamond Shamrock no longer has records of the dates on which such resins were manufactured; typically, shipment would follow manufacture by a matter of one to several days. INTERROGATORY NO. 13: Did you, at any time, notify Chrysler of any studies indicating that vinyl chloride monomer was: (a) hazardous to human health or lb) that vinyl chloride monomer was a suspected carcinogen? ANSWER: Yes. -5- UCC 045329 INTERROGATORY NO. 14; If your answer to the prior interrogatory is "yes," state in full, the date and substance of every such notification to Chrysler. ANSWER; . From 1974 until it ceased manufacture of ,;PVC products in 1982, Diamond Shamrock complied with the requirements of 39 Fed. Reg. 12,342 and 29 C.F..R. 1910.1017. In particular, bags containing PVC products were either stamped with the following warning: "POLYVINYL CHLORIDE CONTAINS VINYL CHLORIDE VINYL CHLORIDE IS A CANCER-SUSPECT AGENT or labeled with, the following .warning sticker: - * "POLYVINYL CHLORIDE. ' - CONTAINS VINYL CHLORIDE VINYL CHLORIDE IS A CANCER-SUSPECT AGENT" in compliance with the OSHA standard. Railroad cars containing PVC products were labeled with wire-on tags at their unloading points containing the same message. INTERROGATORY NO. 15; When did you first become aware of any study indicating that vinyl chloride monomer was a suspected carcinogen; or, (b) hazardous to human health? ANSWER: Upon information and belief. Diamond Shamrock first became aware of evidence that VCM was capable of producing cancer in humans in January of 1974, when BFGoodrich Company announced in a press release that it had determined that several of its workers exposed to high levels of VCM had contracted angiosarcoma. -6- ucc 045*330 INTERROGATORY NO. 16: What steps were taken by you prior to, or during the course of, your sales of PVC resin to Chrysler to determine the concentration of residual vinyl chloride monomer in said resin. ANSWER: See answer to Interrogatory 10 above. INTERROGATORY NO. 17: What steps were taken by you prior to, or during the course of, your sales of PVC resin to Chrysler, to determine whether any component of that resin was an actual or potential carcinogen?. . '' j. ANSWER: Diamond Shamrock supported, and cooperated with, an epidemiological study of vinyl chloride workers. A copy of the May 3, 1974 report of this study is attached hereto as Exhibit 5. INTERROGATORY NO. 18: Did Chrysler, at any time, ever ask you whether you were aware of any studies indicating that exposure or overexposure to vinyl chloride monomer posed any actual or potential human health hazard? ANSWER: Diamond Shamrock is not aware of any such request by Chrysler. INTERROGATORY NO. 19: Describe the steps taken by you subsequent to January, 1967 to reduce the concentration of residual vinyl chloride monomer in PVC resin manufactured by you. -7- ucc 045831 ANSWER: Prior to 1974/ Diamond Shamrock stripped RVCK from PVC primarily in order to recover the RVCM for recycling. After 1974, Diamond Shamrock's Deer Park and Delaware City Plants added more sophisticated stripping equipment which by 1977 resulted in RVCM concentrations in PVC products which were generally less than 10 parts per million. INTERROGATORY NO. 20: State the. full name', home address and business address of your employee who is most knowledgeable concerning the residual concentrations of vinyl chloride- monomers in the PVC resins manufactured by you between January. 1, 1967 and December 31 , 1980. ANSWER: ^ Dale Muehlenbrock Diamond Shamrock Chemicals Company Tidal Road Deer Park, TX 77536 16407 Shady Elms Drive Houston, Texas 77059 -8- ucc 045332 AS TO OBJECTIONS: Of Counsel For Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp.,'Tenneco, Inc. and Occidental Chemical Corp.: FULLER & HENRY 120C Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 7--' /' Robert A. *Bunda 7 1200 Edison Plaza 300 Madison Avenue P.O. Box 2088 Toledo, Ohio 43603 Telephone: (419) 255-8220 Attorney for Defendants The BFGoodrich Co., The Goodyear Tire & Rubber Co., Firestone Tire & Rubber Co., Conoco, Inc., Uniroyal, Inc., Union Carbide Corp., Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. CERTIFICATE' OF SERVICE I hereby certify that a copy of the foregoing Responses to Plaintiff's Interrogatories Directed to all Defendant PVC Manufacturers was mailed by United States mail, postage prepaid, to Kirk J. Delli Bovi, Esq., attorney for plaintiff, at his office located at Murray & Murray Co., L.P.A., 300 Central Avenue, Sandusky, Ohio 44870, and to defense counsel as set forth V/in the attached Schedule of Service this . day of October, 1986. An Attorney for, defendants The' Goodyear Tire & Rubber Company, The BFGoodrich Company, Firestone Tire & Rubber Company, Conoco, Inc., Uniroyal, Inc., Union Carbide Corporation, Diamond Shamrock Corp., Tenneco, Inc. and Occidental Chemical Corp. UCC 045833 I SCHEDULE OF SERVICE M. Dona-ld Carmin, Esq. 800 United Savings Building Toledo, Ohio 43604 Attorney for Defendants Chrysler Plastic Products Corporation Norman P. Phillips Albert W. Cramer Robert D. Gustine William C. Holsapple Ron C. Abbott Willis P. Jones, Jr., Esq. 200 Toledo Legal Building 416 N. Erie Street Toledo, Ohio 43624 Attorney for Defendant DiversiTech General, Inc. S. Stuart Eilers, Esq. Douglas N. Barr, Esq. Timothy J. Coughlin, Esq. 1100 National City Bank Bldg. Cleveland, Ohio 44114 Attorney for Defendant Stauffer Chemical Company H. William Bamman, Esq. 414 K. Erie Street Toledo, Ohio 43624 Attorney for Defendant A. Schulman, Inc. Ellis F. Robinson, Esq. 610 United Savings Building Toledo, Ohio 43604 Attorney for Defendant Shintech, Inc. ucc 045834