Document k691402VpQ4J7B2v3rp6nN4rq

PATTON BOGGS, L.L.P. 2550 M STREET. N.W. WASHINGTON. D.C. 20037-1350 (202) 457-6000 WRITER'S DIRECT DIAL May 23, 1995 (202) 457-5270 MEMORANDUM FOR THE HAP TASK FORCE Re: Memorandum of Understanding Attached is a note of the May 9 conference call, during which the draft memorandum of understanding (MOU) was approved with minor changes. The attached MOU is the final version for signature by your company's authorized representative. If you are not the authorized representative, please be sure that you are designated as the alternate representative on the execution page, which should be returned to me after it is signed. As agreed on the call, invoices will be circulated as soon as the MOU becomes effective (i.e., upon signature by three participants). Please keep in mind that each company must sign the agreement within 45 days of the effective date in order to avoid paying a penalty. Also attached is a current list showing the individuals in each company who are receiving HAP Task Force mailings. Please let us know if there are corrections to this list, and we will share them with Peter Voytek. Please do not hesitate to call Dan Kracov (202-457-5623) or me if there are any questions about the MOU. We look forward to working with you on this project. Attachments W. HI DO OONF TDFNTTAI HAP TASK FORCE DOW OCCIDENTAL Mr. William C. Hayes Environmental Affairs Chemicals & Metals Department The Dow Chemical Company 2020 Willard H. Dow Center Midland, Ml 48674 Phone: (517)636-2664 Fax: (517)636-9899 James Knaak, Ph.D. Occidental Chemical Corporation 360 Rainbow Boulevard South Niagara Falls, NY 14302 Phone: (716)286-3438 Fax: (716)286-3141/3443 Jeanne Domoradzki, Ph.D. Dow Chemical U.S.A. Health & Environmental Sciences 1803 Building Midland, Ml 48640 Phone: (517)636-0489 Fax: (517)636-1875/638-9863 VULCAN Mr. Mark Swanson Vulcan Materials One Metroplex Drive Birmingham, AL 35209 Phone: (205)877-3503 Fax: (205)877-3102 Mr. Philip J. Ostrowski Solvents and Specialties Occidental Chemical Corporation 53rd Street and Buffalo Avenue Niagara Falls, NY 14302 Phone: (716)278-7346 Fax: (716)278-7297 Mr. Dennis R. Mountz Business Manager - VCM Occidental Chemical Corporation 5005 LBJ Freeway Dallas, Texas 75244 Phone: (214)404-2818 Fax: (214)404-3922 Mr. E. John Wilkinson Manager, Government Affairs Vulcan Chemicals Vulcan Materials Company 1899 L Street, N.W., Ste 500 Washington, D.C. 20036 Phone: (202)293-0635 Fax: (202)659-3119 122761 Mr. Michael A. Machkovech Bus. Director/Chlorine and EDC Occidental Chemical Corporation 5005 LBJ Freeway Dallas, Texas 75244 Phone: (214)404-4104 Fax: (214)404-3406 DO 1?S3?3 CONFTDFNTT Al HAP TASK FORCE (Cont'd.) PPG James A. Barter, Ph.D. Environmental Affairs/Chemicals PPG Industries, Inc. One PPG Place Pittsburgh, PA 15272 Phone: (412)434-2801 VISTA Mr. David Penney Vista Chemical Company 900 Threadneedle Houston, TX 77079-2990 Phone: (713)588-3059 Fax: (713)588-3478 BORDEN Mr. Mark Gruenwald Borden, Inc. 180 E. Broad Street Columbus, OH 43215 Phone: (614)225-3459 Fax: (614)225-7638 WESTLAKE Ron Gilbert, Ph.D. Westlake Group 2801 Post Oak Blvd., Ste 600 Houston, TX 77056 Phone: (713)963-2036 Fax: (713)963-1540 FORMOSA Mr. David Pun Formosa 9 Peachtree Hill Road Livingston, NJ 07039 Phone: (201)716-7279 Manager Peter E. Voytek, Ph.D. Suite 506A 2001 L Street, N.W. Washington, D.C. 20036 Phone: (202) 775-0232 GEQN Mr. James Lewis The Geon Company 6100 Oak Tree Blvd. Cleveland, OH 44131 Phone: (216)447-7979 Fax: (216)447-6459 GEORGIA GULF Mr. David Goldsmith Georgia Gulf 26100 LA 405 Plaquemine, LA 70764 Phone: (504)685-2625 Fax: (504)687-0294 Secretary and Counsel W. Caffey Norman Patton Boggs, L.L.P. Fifth Floor 2550 M Street, N.W. Washington, DC 20037 Phone: (202) 457-5270 Fax: (202) 457-6315 122761 DO 1PR3P4 CONFTDFNTTAI NOTES OF ORGANIZATIONAL MEETING HAP TASK FORCE MAY 9. 1995 An organizational meeting of the HAP Task Force was `held by conference call from 1:45 p.m. to 2:30 p.m. on May 9, 1995. ATTENDEES J. Barter (PPG Industries, Inc.), D. Goldsmith (Georgia Gulf Corp.), M. Gruenwald (Borden, Inc.), B. Hayes (The Dow Chemical Co.), J. Knaak (Occidental Chemical Corp.), D. Pun (Formosa Plastics), B. Bryant (Vulcan Materials Co.), P. Voytek (Manager), C. Norman (Secretary). DISCUSSION AND ACTION ITEMS 1. A draft memorandum of understanding (MOU) that would provide the structure for the HAP Task Force was discussed. C. Norman reported that minor comments had been received from Dow. J. Knaak and J. Barter indicated that they would provide any comments their counsel might have by Friday, May 12. P. Voytek reported that D. Penney had indicated that Vista Chemical Co. approved the MOU as drafted. It was agreed that C. Norman would circulate a final MOU for signature early the following week. 2. p. Voytek reviewed the more recent CMAI nameplate capacity data that he had circulated. It was agreed that the first assessment would be based on the 1994 CMAI nameplate capacity for ethylene dichloride. P. Voytek was asked to obtain a hard copy of the CMAI data for circulation along with the final MOU. 3 . C. Norman discussed the basis for the recommendation in the April 14 memorandum that the initial assessment raise a total of $100,000 for anticipated activities through 1996. It was agreed that the initial assessment should raise $100,000. Invoices will be provided as soon as the MOU becomes effective (i.e., upon signature by three no oonf 1 2 participants). It was agreed that the initial invoices will cover one-half of the assessment, and that a subsequent invoice will be mailed in October 1995 providing an option to pay that portion in either 1995 or 1996. 4. P. Voytek reported that EPA hopes by the end of May to send the proposed HAP test rule for OMB review. Assuming 90 days for OMB review, publication of the proposal is not likely before the fall of 1995. Voytek indicated that there may be an opportunity to interact with EPA staff on the proposed rule before it is published. C. Norman reported that EPA staff have indicated that the preamble will solicit proposals for fulfilling testing requirements by applying pharmacokinetic modeling to existing data. 5. P. Voytek reviewed the information he had circulated from the Toxics Release Inventory on releases of vinylidene chloride, chloroethane, and 1,1,2-trichloroethane. It was agreed that it would be appropriate for Voytek to follow up with EPA concerning the possibility of ensuring that processors would share the testing burden in the proposed test rule. C. Norman indicated that this would be an appropriate basis for comment, in any event, as it appears that the regulatory assumption that manufacturers would be able to recoup the testing costs may not apply to one or more of these HAPs. Company representatives agreed to make further inquiry within their companies as to commercial production of these materials. 6. The meeting adjourned at 2:30 p.m. Respectfully submitted, Approved: i)/ v*-- W. CafSey Norman, Secretary III Peter E. Voytek, Ph.D. Manager DO 1 ?R3?f> CONFTDFNTIA!