Document evDwXOkkq1Q2NzajvY7VYOzRp

union carbidh corporation 270 P A F? K AVENUE NE'W YOHK, N. Y. 10017 H.F.ToMroHnDE, III vice PBetiDewT January 22, 1980 This is in furtherence of try letter of December. 19 wherein I indicated that we should be starting to look for a candidate 'to su.cce.ed Dr. Day as Chairman of the SPI Toxicology Committee. Because of some changes ir. Dr. Day's plans he expects to resign as Committee Chairman in the second quarter of 19S0~Therefore, we will need a replacement by mid-year or earlier. In view of this accelerated timetable I'd like to request that all nomina tions for Chaitman of the Toxicology Committee by returned to me by February 29 r so that we can make a selection and plan an orderly transition. I'd like to re-emphasize that the most important criteria for this high visibility industry position is that the Chairman bef a goad fnanacre r and a cooc? leader. While it would be nice to have some background in the area, t Kere^arelotsof skilled resources on the Committee and in our organizations to support the Chairman. 'Thanks again for your consideration and follow-up. Very truly yours. HFT:cj 4 -0020 JOSEPH E- ZSII-BR JtSOHE H.. HICa^ aN CSaSLIS M. HI-" AN WTLLXJlH R.30HSHESA.N1.JR ROBERT R.TIXRNAN V. 3LJ.CZ DAVID t. a I LI. MARTIN w. BERCOVICI -JOHN S. ZLDRSD JOSEPH . 2_VDI_STY. JR. CAROLE C. HARRIS MICHAEL ?. MORRONZ LaRRT S. SOLOMON JOES 3. SC3ECI CHRISTINE A. MEAGHER SHISLHV S. EUJIMOTO LAWRENCE ?. HAUPRIN DEBORAH SEUR TTUNZER C. DOUOLAS JaRRET? EDWARD L.aORWZS LaW OTTICES Keller .ojd Hecem.un 1130 ITT3 STREET N.-' SUITE IOOO v.\sa:soTos, d.c.20035 October 2, 1980 0 Co - - WRITERS DCRZt DIAL NUMBER (202) 457-1176 To: The The The The The SPI-PVC SPI-PVC SPI-PVC SPI-PVC SPI-PVC Safety Group Manufacturing Technology Communications Committee Health Committee Lawyers Subcommittee Committee Re: Judicial Review of SPA Regulations-! for Noncompliance Penalties Under 7 .the. Clean Air- Act \' uadies and Gentlemen: Attached is a copy of the Petition for Review filed on September 26, 1980, in the United States Court of Appeals for the District of Columbia Circuit on behalf of SPI. The Petition seeks review of regulations promulgated by the Environmental Protection Agency ("EPA") governing the assessment and collection of noncorapliance penalties under Section 120 of the Clean Air Act, 42 U.S.C. 7420. The filing of the Petition was authorized by the Executive Committee on September 9, and the PVC Safety Group Steering Committee on September 25. Because SPI did not file comments with EPA, Air Products and Chemicals, Inc., and Diamond Shamrock Corporation are named as individual Petitioners to preclude any challenge to SPI's standing to file a Petition for Review. Separate petitions for review were filed by the Chemical Manufacturers Association ("CMA"), Dow Chemical Company, the American Iron and Steel Institute, and the Utility Air Regulatory Group. Peter de la Cruz of our office will soon be meeting with counsel for these other bC C 4-0024 Octocer 2, 1930 Page two Keller and iIecknax Petitioners to discuss the briefing of the case, along with Scott Bowen of Beveridge, Fairbanks and Diamond. At that_ meeting, we will determine those issues of direct interest to the plastics industry which are not expected to be covered in the briefs of the other industry associations. In this way we hope to insure that SPI's points are made while at the same time eliminating overlap and duplication of effort. We will be reporting to you on other developments as they occur. In the meantime, if you have any questions or comments regarding this matter, please do not hesitate to contact us. Cs^dially y.ours r \D J^hh S. Elared Enclosur e cc: John R. Lawrence (w/enclosures) Ralph L- Sardine, Jr. (w/enclosures) Sam Nuspliger (w/enclosures) Thomas J. McGrath (w/encicsures/"*-.'- r i i IN THE UNITED STATES COURT OS APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT THE SOCIETY OF THE PLASTICS INDUSTRY, INC., AIR PRODUCTS & CHEMICALS, INC., DIAMOND SHAMROCK CORP., vs. Petitioners, DOUGLAS M. COSTLE, Admin iseratoc, United States Environmental Protection Agencv, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) JNo. PETITION FOR THE REVIEW OF REGULATIONS The Society of the Plastics Industry, Inc., Air Products a Chemicals, Inc., and Diamond Shamrock Corp. hereby petition this Court for review of regulations issued by the Respondent Douglas M. Costle, under his authority as Administrator of the United States Environmental Protection Agency. This petition is filed pursuant to Section 307(b)(1) of the Clean Air Act, as amended, / and Rule 15, Fed. R. App. Proc. Petitioners seek review of the regulations promulgated by the Respondent under the "Noncompliance Penalty'* provisions of the Clean Air Act, Section 120, as amended, 42 U.S.C.A. 7420. These regulations '..ere promulgated by the Respondent Costle on July 23, 1930, and appear at 4 5 ted. Reg. 50086, pass in. Respectfully submitted. Keller & Heckman 1150 17th Street, Washington, D.C{202) 457-1110 N.w. 20036 c- 3everidge, Fairbanks i Diamond 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036 (202) 828-0299 Attorneys'.jidr The Society of the Pla'sfci-Cs Indus try, Inc. sec On p 7