Document vBxmm9Ob4mNDmVgYDVnB3oX16

A Division of The Society of The Plastics Industry, Inc. Roy T. Gottesman Executive Director February 1, 1991 Robert D. Luss, Esq. Occidental Chemical Corporation P.O. Box 1772 300 Berwyn Park, St. 300 Berwyn, Pennsylvania 19312 Re: New York Subway Transit Authority Fire Dear Bob: As you are aware, a fire occurred in the New York City subway system in late December that resulted in two fatalities. I received a call in early January from Robert Joyce, an attorney with the New York law firm of Wilson, Elser, Moskowitz, Edelman & Dicker, with whom we have had prior contact, as his firm repre sented the telephone company in suits resulting from the New York City Telephone Company fire several years ago. Mr. Joyce had visited our office a few years ago in connection with those suits and we had made available to him information relating to car cinogenicity and smoke toxicity that was in our files in order to assist him in the litigation. In his call, Mr. Joyce advised me that he had been retained by the City of New York to defend against suits that might arise from the subway fire. He stated that an Op-Ed piece authored by Deborah Wallace (of Allied Tube & Conduit fame) had appeared in New York Newsday. Because the Wallace piece was replete with inaccuracies and promoted her usual biased views, I sent a letter to the Editor of Newsday on January 17th, copy enclosed, in an attempt to get equal time. To this point, I am not aware that my letter has been published. I know you are aware that an article appeared in the January 12th New York Times which had comments attributed to Transit Authority personnel and related to smoke having come "from the burning PVC that insulated the cable, the cable itself and the wooden cover over the subway's third rail." Unnamed "health authorities" are reported to have said "that PVC fumes can cause irritation of the lungs and eyes, and in extreme cases, death." d'1'027225 Wayne Interchange Plaza II 755 Route 46 West Wayne, NJ 07470 (201) 890-9299 2- - Our initial reaction was to respond to this with a Letter to the Editor of the New York Times and, in fact, a letter was drafted, copy enclosed. Before sending it however, I decided to talk with Bob Joyce and get his input as to whether a letter might be prejudicial or might actually steer the investigations toward PVC. I was finally able to reach him on January 30th to discuss this with him. I learned the following additional information from him. Autopsy reports showed that the male fatality had congestive heart disease and was a "walking time bomb." The female fatality was severely asthmatic and highly susceptible to fumes. There have been some 60 lawsuits filed by Solin & Leopakis, a plaintiff's attorney firm that Henry Lipsig was formerly with. Most of these, according to Bob Joyce, focused on fumes from PVC fires, because Bob stated "that's the only thing they knew." In actuality, the fire investigation has shown that in addition to PVC, neoprene, wood and creosotes were present as potential fire fuels so that it would be difficult to pinpoint the cause of the smoke toxicity to PVC. Bob Joyce felt that there was no need to send the Times the proposed letter, which I had shared with him, and I decided not to do so. If you or any of the members of the Legal Committee wish to contact Bob Joyce, he can be reached at (212) 490-3000. If you wish to discuss this with me, please call. Sincerely yours, RTG/pmb cc: LLee> gal Committee N. Jacobs CTL027226 The 1 Vinyl Institute A Division of The Society of The Plastics Industry, Inc. Roy T. Gottesman Executive Director January 17, 1991 Mr. Ernest Tollerson Newsday 235 Pinelawn Road Long Island, New York 11747 Dear Mr. Tollerson The item in the January 8th Forum authored by Deborah Wallace concerning the recent Transit Authority fire contains a number of factual errors that should be brought to the attention of your readers. Moreover, her piece does not describe some of the private financial support that she and her husband have received ip the past which has most probably colored her thinking on some of the issues she raises. Your readers should know that Ms. Wallace once headed an organiza tion called the Public Interest Scientific Consulting Service, a company that Fortune magazine documented in 1983 as being largely funded by Allied Tube and Conduit Corporation (now ATCOR), a manufacturer of steel electrical conduit. One of the activities that she undertook as head of that organization was a concerted effort to incorrectly characterize the fire performance properties of PVC products - especially those in competition with the metal pipe industry. The campaign she describes in her Forum piece dates back to those days. Most of the- claims she makes in her place about PVC are patently untrue, hy* never been documented or have been entirely dis credited by subsequent scientific research. Most significantly, she states that she has warned the MTA "about the hazards of heated PVC, which produces not only smoke but toxic hydrochloric acid fumes whose effects on the lungs and heart can linger for years". There is, in fact, no scientific documentation (conducted by Southwest Research Institute for the Federal Aviation Administration), showing that the hydrogen chloride produced by burning vinyl acts primarily as an irritant, not a toxicant. CTL027227 Wayne interchange Plaza II 155 Route 46 IVesf Wayne, NJ 07470 (201) 890-9299 2- - Moreover, in those tests, it was found that the test subjects (baboons, with respiratory systems much like humans) could survive hydrogen chloride levels thousands of times higher than those that have been recorded as being present in fires. In fact, Ms. Wallace's tirade against PVC misses the mark entirely as it has for many years. The presence of PVC in New York's subways does not present an unusual fire hazard. It is a minor part of the sum total of combustibles found within the system. The real problem is that any and all of these materials - scrap wood, waste paper, fuels, etc. - produce carbon monoxide when they burn, and carbon monoxide is the proven killer in fires. The Transit Authority is correct to dismiss Ms. Wallace's claims against PVC. At best, ta.huey are based cn faulty science; at verst they are based on vested interest. Instead, they should (and roost likely are) focusing their, attention on things like improving egress from the subways and access by emergency personnel, cl aning up debris in stations, and upgrading equipment repair and replace ment schedules. These are the things that will truly make New York's subways more fire safe. Sincerely yours, RTG/pmb CTL027228 CTL027229 . . t *% 4 , v . rn By FELICIA*.l&Z v;/ w* The bead of the Transit. Authority Committee in'Transportation to;** . 7said .jestsrdty that passengers who piom the circumstances surrounding > ".i cutterid ,'tmofce 'inhalation during' the Dec. 38 fire. . .... fatal fire In a Brooklyn subway tunnel A In previous lnqamea into the sod* last month may have been exposed to dent, chert-wue mere questions than dangomus levels of,toxic substances, answers yestorday. peraculariy qua* fie prc mised that the Transit Authority dons about why.lt took emergency would centspiths"riders after the com* teams more than 30 mintuee terw pieties, of toxicological analysis to spond, Hew York City officials have ai> determine' the "extent, of,.the danger ready reeorameodaa better training fi posed jythe smoke. and equipment for rescuers and better' ' The Transit ..Authority president, cooperation between the Transit Aa> Alan,X Xiapper, made nis remarks thonty snd the city's police, fin add after i transit official testified at a City medical emergency teams. Investiga Counci hearing that the exposed piece tions Into the fire ocotinaa. . of cap!* that'^ibeiievad to have canard Fourpeople who had been trapped on a star: circuit and started the firs was the train described the Incident to the nbaaid In polyvinyl chloride, or PVC. Council committee yesterday as -1 The taoke that poured through the nightman that seamed to have no said, IRT.'ttihnel after the short circuit`and tei&nc of passengers vomiting, having explosion cams from the burning PVC heart attacks gasping for air and thst insulated the cable, the cable lUTelf trying to break windows to escape the and th s wooden cover over the subway reddish-brown smoke. line's third red. The official, Thomaa Prendergeit, an acting senior vice president et the We Were forgasten* v agency, said that when PVC hums It The committee heard tape record emit* two substances, hydrogen chlo- ings of two desperate telephone callata ride and carbon monoxide, that can 911 made by paiiengera seeking help have iirioui afreets, Health authorities after the train had made is beck to the have said that PVC fumes can cause Ir Borough Hall statical '" ritation of the lungs and eyes, and Id ex "No one came to rescue u%" said. treme cases, deem. Martin Druyaa, a Brooklyn HelghU__ DebataOverPVC lawyer who wee on the train. "Ve were * forgotten down there.1' In 1P&2, aty Council President Carol Mr. Druyaa uid that when the train Bellamy sought to have the material finally reached safety in the Station, removed: (ram sobway stations, citing ita potsmial to emit deadly fumes dur ing a (Ire.1 At.the. time, an cnvircomen* Warning, letterstaf physiologist, Deborah N. WaJlaca, warns! that.the combination of PVC, to-ricle^. arethe tetreasing'number of trade Area end problems with subway doom "rsn. dars Jhe 'public'unsuspecting kitting promised. Jem that it did not consider the presence pyCbkety fo poss a haiard. Bug the cu .thodflreiip sald.ipffa thgt it,did not Hvv.'r-''0> |W J Of. , _____ the passengers stumbled off. to findtew >. poboe effinert ee the only nsoue nsft'v - esornmnel toggrreeettthheemm., -v -`.`wwI-'SV1 H .. ,________'aftir die Dacia Art an-Odnbemoft,ittiheesstapceasll wMera- oDftauymtnadttwinjge ^ M the - Clark 'Btritf lUUcn, 'one qf. a heart attack. ma^Kher had a history of eathmiilna__d_d_it_i_on,,_'!_!_! r_i_d_e_r_s_s_u_f_fe_r_e_d to lit from the nation; v -7... ;.-T, "At Borough Han there's a tkim a fined, with umdte. lt's at Court " and Borough HalL.lhert'a an a ` .hdr^OeppeftiliiljheiCheTransitAu there's people throwing up ell overt thority mi trying to determinf how much pvc.'was burned, which' would eBtfO'W S*H|e'the.toxidey of .the etnoke tbat .uteT^oo passengers were expdettf to during (he 40 minutes they awaited nMpue.:^ : .`.Jend Lebow, a rpokesmaa for me Tran* t'AuthoHty/w.tdtiiit thdigeniey train Stations You've cot a train i peeipta. Thera an pofiea on the i____ but.,there are ne ambutaacee hMta.VThere'i -no bxygea. People 'an .adder?Therw'a-people .whohre had bnitbfr?Uduahdmere'e no taedteal UtmtonTSt. There's^bo'.LKX ..There's1 .no tnickeit Court,knd uh, the 1RT 31 is' wbiklhg- yitiv Xmtrxedcy' Medical lerviqsk iso- gsl. the names rad ed- the train Itiuttgot.efL Tm looky i alliivvae.,'"1.. ^ -vv*c--,.i-- dreSgii Oftveryuoe treated for smoke :MUton Pufyter. a U-yearoid bneet inhale ion aftsrjhe ieeident. 'r--*j"' - VCThe'* Idideillogy* repdrt.'oa' the smoke Win muMtof/3aka.-several weeks.to ment banker, asU be end his l-yecrwld . son, kfenaUk. want home, mw^s' S Cf^edlpflpjtrstephyiieiea, ''oomph its,' . 1 or Jflmn hsv been S -..Mr/Pepper's commsau eamf dur-. shsyidoff my son's Wk,". Mr. Prnyeef f n to|f at' imoclonal; thrte^iour' hearing sald.^'My son don hot went to gst.ooT* i.V 1..U w. ' a W _ P.. ill* *h mem* sei* 19 ' 35R.AP T January 15, 1991 Mr. Joseph Lelyveld, Managing Editor The New York Times 229 W. 43 Street New York, NY 10036-3913 Dear Mr. Lelyveld: The article in the January 12 edition written by Felicia Lee concerning the recent Brooklyn subway fire contains some errors of fact that I feel should be brought to the attention of your readers. Ms. Lee quotes transit official "nomas Prendergast as stating that the smoke from the fire "came from the burning PVC that insulated the cable, the cable itself and the wooden cover over the subway line's third rail." He goes on to state "that when PVC burns, it emits two substances, hydrogen chloride and carbon monoxide, that can have serious effects." He further claims that "PVC fumes" can cause death. These statements illustrate how dangerous a little knowledge can be. Yes, PVC emits hydrogen chloride and carbon monoxide when it burns. But, the hydrogen chloride emitted by PVC has never been linked to a fire death and, in fact, extensive testing conducted by Southwest Research Institute for th Federal Aviation Administration bears out its role as a fire irritant, not a toxicant. Although the investigation of the Brooklyn fire will take some time to complete, I hope investigators will look for other, more likely culprits. One of these may be the wooden cover mentioned in the story. It, like any other item that burns -- including scrap paper, fuels, etc. -- produces carbon monoxide, the proven killer in fires. Ms. Lee's story also notes that the Transit Authority had previously considered, but not acted upon, recommendations to remove PVC from the subway system's stations. The Transit Authority was right to do so. The claims made against PVC at that time were scientifically unfounded and, in some cases, put forth by individuals with documented commercial interests in attacking a material that was making inroads against a competitive product. Clearly, th* Brooklyn subway fire calls for a thorough investigation. But the objective should be to get to the bottom of the problem, not to find easy scapegoats. CTL027230