Document reVZ2NDLejO1bEmeJbxMyMZkv

HENRY L. Diamond RICHARD M fAIRIANHI. HI ALBERT J *CVC*IDOC,in OAR* H BAitC A.jaMCI 1AMNC1 HAHOLD HIMMlLMAN Christopher H. SUBLET, JR JONATHAN Z.CANNON ANDREW C.MISHKIN CHARLES A. PATfllZlA SCQTT W. BOWEN Catherine m. ounlap CYNTHIA A. LEWIS KARL 5, 60URDEAU JOHN N, HANSON LAW OFFfCES Beveridge, Fairbanks & Diamond 1333 New Hampshire Avenue, N. W. Washington, D. C. 20036 TELEPHONE 'SOaj A2B-OZOO writer's DIRECT DIAL NUMBER 828-0240 June 26, 1979 CARL EARDLCY or counsel CABLE ADDRESS "indlaw'' TELECOPIER (203) 823-0331 Joseph E. Hadley, Esq. Keller & Heckman S uite 1000 1150 17th Street, N.W. Washington, DC 20036 Re: EDF Compromise Proposal Dear Joe: Pursuant to instructions from the Polyvinyl Chloride Safety Group (Group) at our last meeting in New York on March 30, 1979, I arranged a meeting with Counsel for EDF to determine with greater specificity what EDF was proposing for SPI's consideration. Counsel for EDF started the meeting by saying his organization would like to meet jointly with SPI and EPA and reach a comprimise. If a compromise was reached, EPA could be persuaded, according to EDF, to withdraw the existing amendment to the National Emission Standard for Vinyl Chloride issued on June 7, 1977 and propose and promulgate the new amendment as represented by the compromise. EDF's proposed compromise includes three points, and they are: 1. Reduce fugitive emissions by at least 50 percent. Our members would agree to_identify the potential sources of fugitive emissions, install fixed monitors to confirm the sources, then establish a program and implement it to reduce the emissions as quickly as possible; 2. Adopt a program to reduce the number of upset conditions which lead to possible high short-term emission levels; and 3. Acceptance of the trade-off or offset policy for Section 112. EDF wants the emissions to never exceed what they are now. Each timi is expanded the combined"emissions AND GENC017013 (Beveridge. Fairbanks & Diamond Joseph E. Hadley, Esq. June 26, 1979 Page 2 and its expansion would nnL_hp allowed to exceed those oemg emitted before construction was initiated. I advised Counsel that I would forward his proposals in writing to our Chairman and you and would get back to him as soon as we had a decision. I also suggested that I thought it would be difficult for the Group to accept proposal #3 and he replied that EDF had invested a lot of time and effort in trying to establish precedents in the Vinyl Chloride case and was still willing to litigate the issues if some kind of agreement could not be reached. Further EDF Counsel indicated his lack of satisfaction on the progress and substance in the proposed airborne carcinogen policy presently being developed by the staff at Research Triangle Park. Because of this dis satisfaction and if this compromise effort fails, EDF will litigate the Vinyl Chloride or Arsenic Standards to achieve its long sought goals and policies according to Counsel. For information purposes only I am including a copy of page 33334 of the June 8, 1979 Federal Register. The enclosure is self-explanatory, but as I told you on the telephone Susan Wyatt advised that EPA would move to regulate EDC, Perchloroeythlene, Acrilonitrile and coke oven emissions under Section 112 as soon as the airborne carcinogen policy is set. These substances are in addition to those listed in the Federal Register. If you have any questions, please advise. Cordially, GENC017014 GHB:j rn Enclosure Gary H._.Ba'ise privileged AND DRAFT - 9/12/79 SURVEY RESULTS Average Residual Monomer Levels For Suspension Resins After Stripping Homopolymer High Molecular Weight Current Range Average Future Range Average Low Molecular Weight Current Range Average Future Range Average Copolymer More than 10% Comonomer Current Range Average Future Range Average Less than 10% Comonomer Current Range Average Future Range Average 550-100 ppm 237 ppm 550-50 ppm 241 ppm 382-1 ppm 167 ppm 382-< 1 ppm 135 ppm 350-300 ppm 333 ppm 350-200 ppm 300 ppm 400-213 ppm 320 ppm 346-213 ppm 286 ppm GENC017015 PRIVILEGED AND CONFIDENTIAL PLASTICS COMPANY TtLtPHONC; 215 326-2000 September 7i 1979 Mr. J.R. Lawrence, Technical Director The Society of the Plastics Industry, Inc. 555 Lexington Avenue New York,'New York 10017 Dear Nr. Lawrence: V/e have analysed the General Ledger computer printouts for the months of June and July, 1979 covering the separate operations of the EPI-PVC Safety Group and of the EDO Committee of the Safety Group, plus the legal and public relations billings included in the ledger charges. We have also "estimated" the August expenses that would complete the first quarter activity, however, we made no attempt to forecast Assessment Receipts for the month of August'. Summary Source and Disposition of Funds for the Safety Group and for the EDC Committee, covering the first quarter cf 1979-30, have been prepared on the above basis and are attached. Safety Group Expenditures for the quarter are estimated at $31131^-921, of which Leaal Expense and Public Relations Exoense account for 79% and 20% respectively. The Nay invoice from Hill & Ehcwlton ($5,203-74-) was deducted from the 197S/79 Carry over and is not reflected in these first quarter expenses. The 1973/79 Safety Group Assessment of $100,000 was completely paid-un as of June 30, 1979- The 1979/30 Assessment of $100,000 was 7-3% paid as of July 31 1979* EDC Committee expenditures for the quarter are estimated at $5?304.13. and is almost entirely Legal Expense. The 1978/79 Assessment for this committee, of $12,000, was still only 83% paid-up as of July 31> 1979- Conoco Chemicals and Vulcan Materials Co. were the two delinquent members as of 7/31/79* This committee, supposedly self-sustaining, was in a deficit position ns of 5/31/79 and is still in a deficit position as of 8/31/79 of practically the same amount ($8,122.15). Obviously, ^pn additional assessment against the twelve member companies is quired as well as the prompt collection of same. FIRESTONE PLASTICS COMPANY . DIVISION OF THE FIRESTONE TIRE 4 RUBBER COMPANY BOX 699, FIRESTONE BOULEVARD, P0TT5T0WN, PENNSYLVANIA 19464 GENC017016 2- - ^J^lease continue to send me copies of all.minutes of meetings, as well no, copies of all legal and public relations billings, included in each general ledger printout. It would, be appreciated if this information is sent monthly as soon as it is available. Very truly yours, J.J, McCoskey Controller JJM:K33:dr Attachments (3) cc: Messrs: T.C. Walker, President, Firestone Plastics Company 5.L. Harding, Jr., President, SPI 6.W. Schaefer, Chairman, Steering Committee, SPI / GENC017017 SPT-FVC SAFETY CROUP soupcmrnrniPr<yslt TO'iroT' funds AS OK 8-/1 -79 (JUNE &. JULY ACTUAL, AUGUST ESTIMATED) SOURCE : 1. Carryover from 1978/79 Operations-Per Ledger Printout I/ess: Hill & Knowlton Billing for Nay Services Not Included in Public Realtions Exoense as of 5/51/79. Net Carryover From 1978-1979 .2 Assessments: Total Assmts. Assmts. Paid thru 7/51/79 1978/79 Assessment Unpaid at 5/51/79 S 18,840.00 1979/80 Assessment 100,000.00 Total Assessment Income Net Assessments Receivable (See Attached Detail) S 18,840.00 7,610.00 S" 26"450.00 AMOUNT $ 24,951.55 (5,203.74) Net Assmts. Due at 7/51/79 $ 19,727.7 s-- 92,590.00 $ 92,590.00 26,450.0' 92,390.0( 5- Meeting Income: Sales of Literature: Total Funds Available 8/5V79 $1387567.'r ISPOSTTION: 1. Current Year Expenses: Legal Expense (June & July Billings Only) Public Relations Expense (June Billing Only) Meeting & Travel Expense (Estimated) Research 8 De\'elopment Expense Office Supplies & Expense (Estimated) Telephone Expense (Estimated) Miscellaneous Expense Total Expenses $ 24,598.98 6,268.96 200.00 200.00 50.00 $ 31,514.9/ NET FUNDS AVAILABLE AT 8/51/79 S1Q7,252.8r NOTE: August billings would normally be included in September Ledger.figures. . ' Kuo commlr see sources YNirrrrrjTFrrrTTon of funds Aq OF H-31-V9 (JUTE & JULY ACTUAL, AUGUST ESTIMATED) OUNCE : *1. Carryover from 1978/79 Operations-Fer Ledger Printout 2. Assessments: Total Assessments Assmts. Paid thru 7/31/79 Net Assrats. Due at 7/31/79 1978/79 Assessment Unpaid at 5/31/79 $ 6,000.00 Total Assessment Income Net Assessments Heceivable (See Attached Detail) $ 4,000.00 $ 4,000.00 $ 2,000.00 $ 2,000.00 AMOUNT $ (8,818.02 4,000.00 2,000.00 Total Funds Available - ISPOSITTON: 1. Current Year Erne nse s: Legal Expense (June &. July Billings Only) Meeting Expense (Estimated) $ (2,818.02 $ 5,204.15 100.00 Total Expense 5,304.15 Funds Available at 8/31/79 SPI-FVC SAFETY GHOUP EDC COMMITTEE ASSESSrE jit imco;e analysis Company orden Chemical Com. onoco Chemicals iamond-Shamrock Com. ow Chemical U.S.A. thyl Corporation .F. Goodrich Chem., Co Cl Americas, Inc. PG Industries, Inc. hell Chemical Co. tauffer Chemical Co. nion Carbide Corp. ulcan Materials Co. Total 1978-79 Assmts. $ 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Payments Pec. thru 7-31-79 3 1,000 -- 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 ** Tot al 1979-80 Assmts. $-- -- -- -- -- -- -- -- -- * 4 Payments Re c. thru 7/31/79 $- -- -- -- -- - -- -- .-- Net Assmts. Receivable at 7/31/7 $ 1,000 - -- _ -- -- -- 1,000 als ' $12,000 $10,000 $ - $- 8 2,000 GENC017019 SPT-FVO SAFETY )UP A S SESSiftTtTl^Tf:OKiTTR m^Sl3 FOR 1 Q7877^~5rT9797SO ASSEssments COMPANY Air Products &. Chemicals B.F. Goodrich Borden Chemical Conoco Chemicals Diamond-Shamrock Dow Chemical Bthyl Corporation Firestone Plastics Co. General Tire & Rubber Goodyear Tire & Rubber Great American Chemical Hooker Chemical ICI Americas, Inc. Pantasote Co. of N.Y., PFG Industries Shell Chemical Co. Shintech, Inc. Stauffer Chemicals Tenneco, Inc. Union Carbide Uniroyal Chemical Totals GENCO17020 Total 1978-1979 Assessment $ 1,980 16,530 3,840 5,380 12,300 15,150 3,770 3,080 850 1,880 340 1,350 2,310 1,040 3,080 11,840 2,840 4,420 5,770 1,350 1,060 $100,000 Payments Received thru 6-30-79 $ 1,920 16,530 3,840 5,380 12,300 15,150 3,770 3,080 850 1,880 540 1,350 2,310 1,040 3,080 11,840 2,5^0 4,420 5,770 1,350 1,060 v Total 1979-1980 Assessment $ 1,920 16,530 3,840 5,380 12,300 15,150 3,770 3,080 850 1,880 540 1,350 2,310 1,040 3,080 11,840 2,540 4,420 5,770 1,350 1 ,060 Payments Received thru 7-31-79 -- - ;3,840 - - .- - - - 1,880 540 - - - 1,350 . - $100,000 $100,000 $ 7,610 Net Assmts. Receivable at 7-31-79 $ 1,920 16,530 - 5,380 12,300 15,150 3,770 3,080 850 - - 1,350 2,310 '1,040 3,080 11,840 2,540 4,420 5,770 - 1 ,060 $ 92,390