Document ppmOED9vLQj92QBZbBEYqgd3B

I'U. .<11 >, ' NON iUtUttN M UIHUONS scot i w. eowcN i aw 1 > > r i ( i -, Beveridge.Fairbanks & Diamond Our 1 a rj r a (i i. 11 <".( .m j aoi: 'ioiirn Washing tom. D. C. 2000G March 25, 1977 c'-"' ra<hh f , Jerome H. Heckman, Esq. Keller and Heckman 1150 17th Street, N.W. Suite 1000 Washington, D.C. 20036 RECEIVED MAR 2 g J977 Dear Jerry: Just to keep you up to date during a very hectic time, I am enclosing the following items regarding the EPF v. Train settlement agreement: 1. Environmental Defense Fund's press release 2. Wall Street Journal article of 3/25 3. Washington Post article of 3/25 4. New York Times article of 3/25 5. Washington Star article of 3/25 Note that the Times and Post indicate EPA has agreed to tighten the restrictions on vinyl chloride. In fact, the Post indicates EPA has agreed to cut the present limit on vinyl chloride emissions in half -- from ten parts per million to . five parts per million. I called Mr. Donald Fowler, the Department of Justice attorney representing EPA, to voice concern that EPA had agreed to implement this proposal before the industry or public had a chance to comment. I was assured by him, and subsequently by EPA lawyers, that no such side agreement has been entered into. SuC 5-1693 \ Hr vr ridge. Fairbanks 6- Diamond Jerome H. Heckman, Esq. March 25, 1977 Page Two I spoke to John Lawrence and Jerry Blizin with respect to any response SPI should have at this time. It is my belief that we should let our filing in court next week reflect our views and not make any statement at this time. I am concerned that EDF would indicate in its press release that EPA will promulgate final regulations incorporating the requirements suggested by EDF. Because there is the slight possibility that a side deal has been cut that we are not aware of, I suggest we file a Freedom of Information request to obtain any documents prepared by the Agency which led to the issuance of the final proposed settlement agreement. I would appreciate your concurrence on this suggestion as soon as possible. If you have any further questions, please advise. Cordially GHB/sm Enclosures cc: Mr. John Lawrencel/^ Mr. D. C. Nuechterlein Mr. Robert Laundrie see 5-169^ [! i./.l K.J I 2i /1 FOR RELEASE: Friday, March 25, 1977 CONTACT: Mr. Robert J. Rauch EDF Staff Attorney Ms. Jacqueline M. Warren EDF Staff Attorney The EDF announced today that it has reached a proposed settlement v" 'h the EPA of the case it brought last November challenging the final emission standard for vinyl chloride. Vinyl chloride is a toxic air pollutant which has been linked to cancer and birth defects in humans. important breakthrough in the regulation of airborne carcinogens under -he Clean Air Act. Unti.l EDF filed its suit last November, EPA had taken the position that the only control requirement imposed by Section 112 of the Act was the installation of 'best available technology.' The Agency t k this position despite the fact that Section 112 requires it to set standards for hazardous air pollutants such an vinyl chloride which will provide 'an ample margin of safety to protect public health.' The Act clearly requires a health, not a technology based standard. "For carcinogens such as vinyl chloride that means we must attempt to reach levels as close to zero as possible.. Scientists have not dis covered a 'threshold' below which no risk of cancer exists." The heart of the proposed settlement is a recognition of this prin ciple hy EPA and the establishment of a zero emission goal. To move toward that goal, the Agency lias agreed to cut the existing emission ....... irvr- I see 5-1695 2- . . I < i.1, i ' i i . > 1 ).i J I f i ' '1 ! If) ( <) ' i 'j r i v/ i l i: : 11 y< ` -1 r . 1 i : 11[i I ! i' d a I <' -1 in* -\ t< ii'i' -1 j i 1 > I !|.' ''!i ; i | 1 I ' ' ' 'ill: I . 111< 1.1 r (1 .it'i' |' i < i; n 11 1 < | < \ t (` . II 11, i: . l :< ' i'll'-''' 1 ' < U11' I > > 1 . i). < ' i 'V I' >! ii- ,i 1 I 11 ( ! I < ( :; <1. i ' ;i . i! k I t 1111i i < > I ! > i ! i i <' I < >< i y . 11 I ! 11 c 11 < | ' - ! 1 I 1 i I, ' ll'\ 1 \ < H I ( ' > ( i i 'I i jDli 1 1 1 if III! ' I ! 11 i :, I i 11 . i 11 i i 11 it'- <<!< r: i : '', ;' i I c* 111 I >. I . i!; <; i\ . J-'u r tine-rmc) r;o f l ho sc: 11 lomo n L aorocincnt' prov.i (lor; that new vinyl el 11 c -1 plants will 'nave to moot the revised r> ppm omiss i on r-L/nuloj.d within 3 months of the dale aiiicndrncnt.'i arc pronulqalcd. ir> t i nq plants which plan to expand their production capacity would not be pormitted to emit any net increase in vinyl chloride emissions. Any additional emissions which would result from the addition of the additional, capacity would have to be offset by equivalent reductions in emissions from the exi.st.ino plant. This v'il.l insure that ambient levels of vinyl chloride which already pre sent a threat to human health are not .increased, thus aggravating the existino health risk. Finally, the settlement provides that HPA will fund projects designed to improve vinyl chloride control technology.in order that additional reductions in emissions will be possible in the future. The settlement proposal has been submitted to the U.S. Court of Appeals for the District of Columbia for its approval. Assuming the Court approves the settlement, it will then be proposed in the Federal Rcq.ister for public comment. Following the receipt of comments, EDA will promulgate final regulations incorporating the above requirements. The EM VIKONJIENTAI, DEFENSE FUND (EOF) is a private, non-profit, national membership organization, incorporated under the laws; of the 5itoto of New rk, with offices in Washington, D.C.; East Sctauket, Mew York; Mew York ^ity, New York? Denver, Colorado; and Berkeley, California. Organized in 1967, EDF currently has a membership of more than 42,000 persons through out the United States including scientists, educators, Iciwvers and other citizens dedicated to finding scientifically sound solutions to the nation's environmental problems. 5CC 5-1696 El*A Agrees to Tighten Vinyl Chlorule Standards Uva W*M,f<TRBrrJavnNALStaff Reporter WASHINGTON-The Environmental l Protection Apcncy lias agreed in a pro- I pn?o<l court settlement to lighten ulr- emission stundnrds lor plnnls making j vinyl chloride. } La:U /all. the Et'A adopted rules re' r|iiirlng a Ik)';', cut In air embalona ot the ouitor-Jliifced cheiniciil. The Environ mental Defease Fund, a Washington- Imj-od group, challenged the rules In a suit. The group said, and the EPA con firmed. that as part of a proposed act- Clement the government agency would work toward an "uklmate goal" of zero vinyl chloride emissions. EHA would propone lightening the existing emission requirements over the next three year* and after that would review the pro gram to see tf the zero emission goal can be achieved. The settlement has been submitted to the federal court of appeals for the Dis trict of Columbia for approval. If the court approves, the new rules will be formally proposed by EPA for public and Industry comment. > Wall Street Journal 3/25/7 7" ; E.PA. AGREES TO TIGHTEN LIMITS ON VINYL CHLORIDE WAMiJNGTON,"**Marrh 24 ~(UPf)--Thc Fnvironmrntal Defense Fund said today that It had reached a "breakthrough" set tlement with the Environmental Protec tion Agency in a dispute over how much vinyl chloride air pollution would be al lowed from plants. The fund sued the agency last year, contending that its proposed regulations to restrict the gas, which has been indict ed as a cause of birth defects and cancer, were not stringent enough. The settle ment, defense fund, attorneys said, in volves the establishment of a zero emis sion goal. To move toward that goal, the agency has agreed to cut the. existing emission standard In half from 10 to 5 parts per million within three years from the date amendments to the current standard are promulgated. The proposed settlement was presented to the United States Ccrt of Appeals for the District of Columbia for its ap proval. Plants in the plastics Industry are known to emit vinyl chloride in manufac turing a wide range of products. The gas already has been banned as a propellant in aerosol sprays, and was linked to cases of fatal liver cancer among workers in ' such plants. j EPA Okays Zero-Emission I As Goa! for Vinyl Chloride IJy Crlstlne Russell .'pile the legislative requirement to Wluii,j|,in Slur Stuff Wi n--r net standards which will provide "on The Environmental Protection Ag ample margin of safely to protect ency. in n proposed court settlement, public health. has agreed In strengthen pollution control standards for the cancercausing chemical vinyl chloride, by cutting the allowable emissions in half and moving toward an ultimate goal of "zero" emissions into the air. "The net clearly requires a health, not a technology-based standard. For carcinogens such us vinyl chloride that means wc must attempt to reach levels as close to 2ero as possible. Scientists have not discovered a The agreement came, in response `threshold' below which no risk of to a lawsuit filed last November by cancer exists," said Rauch. the Environmental Defense Fund, s public-interest organization which charged that the federal vinyl chlo ride standard failed to adequately protect the health of an estimated 4.5 He said that the "significant" as pect of the agreement was EPA's ac ceptance of the zero emission control goal, with a phased reduction toward this goal. "This will form the linchpin million people who live in the vicinity of a generic petition which we will of plants that, manufacture or proc submit to them which will ask for ess vinyl chloride. regulation of all airborne carcino U> The chemical, which is widely used gens using this approach,". Rauch in the formulation of plastics, has said, been linked with cancer in animal laboratory tests as well as human oc cupational exposure -- particularly a rare liver cancer called .angiosar coma which has appeared in exposed workers. . UNDER THE SETTLEMENT, the EPA proposed to tighten the existing 10 parts per million vinyl chloride emissions standard to 5 parts per million for existing plants within 3 years of the date in which amend : AN ATTORNEY FOR the environ- ments arc promulgated. 'mental group. Robert Rauch, , described the settlement as "an Important breakthrough in the regu lation of airborne carcinogens under ,* ' the Clean Air Act." Rauch said that EPA had previ ously taken the position that the only j control requirement under the hoz- Uardous substances section of the act . ' was the installation of the "best ` available" control technology, de- In addition, new plants will have to meet the lower standard within 3 months of that date and existing plants will not be permitted to in crease their levels of emissions. The agency also agreed to re evaluate health effects and control technology data on the chemical to see if the standard can be lowered even further toward a 2ero emission level. EPA attorney Ron Naveon. who helped negotiate the settlement, cau tioned it must first be accepted by the court and then must be proposed in the Federal Register to undergo public comment. The agency would be required to take final action on the proposal by next January. "What we proposed is not necessarily what will come out of the wash next year," he said. New York Times 3/25/77 ! Washinqton Post 3/25/77 EPA Readies Vinyl Chloride Agreement AuoelaUd Pie Under legal challenge by an- on- vivonateM group, the U.S. Environ- menial FVolecflbfi Agency "3* a^rocr] to tighten restrictions on air pollu tion by a chemical called vinyl chlor ide, .suspected of causing cancer and birth defects, The Environmental Defense Fund, a citizens group which sued EPA Inst November, announced the agreement yesterday and EPA confirmed It. The settlement was subject to approval by Iho U.S. Court of Appeals here. Bofor the lawsuit was filed, KPA rlnlmetl that derm air laws required only tho application of Iho "best avail able technology" lo control such haz ardous forms of alt* pollution as vinyl chloride, a chemical used In the pro duction of plastics. Tho Environmental Defense Fund, which has successfully fought for bans on the pesticide DDT and other environmentally hazardous sub stances, claimed tho EPA was re quired to set standards restricting the airborne emissions of vinyl rhiuridc enough to protect human health, Tho EPA confirmed that it lias tun-cod to cut the present limit on vimi chloride emissions in half -from 10 parts per million to 5 parts per million--within three years after a now regulation is Issued; and to aim toward an eventual goal of zero omis sions. The-KPA agreed to review both the Information uit vinyl chloride health effects and the molhods of conlrolUms emissions at the end of those three years, lo determine whether It can order still further emission reduc tions. The EPA coitnot move lo issue the new standards until the.settlement receives court approval. NAVEEN CALLED THE agree* ment a1 "victory for EPA ns well as EDF" that will allow the agency to move forward in enforcement of the vinyl chloride standard. The amended standard would not, ac cording to Navecn. require changing the type of pollution control equip ment currently required, but would involve "using that equipment more efficiently." Members of the plastics industry are expected lo rci.se objections to the more stringent standard and an attorney (or one of those companies, Goodyear Tire and Rubber Co., yes terday expressed general concern that the settlement "represents a pattern whereby EPA publishes regulations, is sued by some environ mental group and goes back behind closed doors and makes some sort of new arrangement." The industry attorney said thnl the "existing regulations are tough enough,'^ Washinqton Star 3/25/77 see 5-1697 ___