Document 06ojeOpEoRQnvOw8Oo7XeDpVm

cniza CHEMICAL MANUFACTURERS association January 14, 1991 To: VCM Mutual Aid Network Participants Re: CHEMNET and PERT Agreements Gentlemen: Enclosed are copies of the CHEMNET and Phosphorus Emergency Response Team (PERT) agreements for your review as requested by John Coburn at the task group meeting held on January 9th. Please call if there any specific questions. Sincerely, Enclosures MLD/mpb Michael L. Donahue Manager, CHEMNET and CHEMTREC Registrant Liaison 2501 M Street, NW, Washington, DC 20037 202-887-1100 Telex 89617 (CILIA WSH) CMA 047244 Document Date: June 28, 1985 Execution Date: Revision #2 ~ Effective November 2, 1987 CHEMNET POLICY STATEMENT AND AGREEMENT Policy: It is the policy of the Chemical Manufacturers Association (CMA) to promote the safe distribution of chemicals. In the event of a distribution incident, the consequences of a chemical spill or potential release may be made less serious if a chemical expert is available at the scene to give advice and assistance. Occasionally, however, the shipper's response team may be too far from a chemical incident to arrive at the scene in the first crucial hours of an incident. As a voluntary public service, CMA will therefore coordinate chemical company and for-hire response teams in "CHEMNET" (the Chemical Network), which is a mutual aid network that is intended to provide technical exper tise and assistance at the scene of serious chemical distribution incidents when the shipper cannot respond promptly. The fundamentals of CHEMNET are: If the shipper cannot respond promptly to an incident that requires the presence of a chemical expert, the shipper, through CMA, will request a nearby chemical company to respond to the scene. If another chemical company cannot respond, the shipper, through CMA, will authorize a for-hire response company to go to the scene; 0 Only chemical company and for-hire responders that are qualified to handle the hazards of the particular chemical or class of chemicals involved in the incident will be requested to respond; Response by a chemical company to another shipper's incident is discretionary; 0 The shipper, upon request, will reimburse the responding chemical company or for-hire company for reasonable expenses. Agreement: WHEREAS, the undersigned company agrees with the above CHEMNET policy statement and the Company desires to implement said policy by joining with CMA and other companies who have executed this Agreement to form CHEMNET,- THEREFORE, in consideration of the mutual promises contained herein or contained in other CHEMNET agreements signed by other chemical companies and contained in the CHEMNET Operating Rules dated June 28, 1985, attached hereto and incorporated herein by reference, and all duly adopted amendments thereto, the undersigned company and CMA, by executing this Agreement, intend to be legally bound, and the undersigned company agrees to join in CHEMNET as a: (check one of the following) __________ PARTICIPANT as defined in the CHEMNET Operating Rules. The company shall designate to CMA those emergency responders that may be called on to respond to serious chemical distribution incidents. CMA 047245 i 2 SUBSCRIBER as defined in the CHEMNET Operating Rules. The company does not designate emergency responders, but will be obligated as a Subscriber and as a Shipper as those terms are defined and when they apply under the CHEMNET Operating Rules. LIMITED SUBSCRIBER as defined in the CHEMNET Operating Rules. The company does not designate emergency responders, but will be oblj^gafced^ae-^ Limited Subscriber and as a Shipper as those terms Ire d<edinedi^nd ^Ken they apply under the CHEMNET Operating Rules. Company November 5 , 1987__________ Date Name ______ Title The above-named signatory is authorized to include, and hereby does include, the following subsidiaries in CHEMNET and agrees to guarantee payment of the financial obligations of these subsidiaries arising under Sections 11(G) and VI of the CHEMNET Operating Rules. Communications regarding CHEMNET should be sent to: Name Title Street City, State, ZIP Code Telephone CMA 047246 June 28, 1985 Revision #2 Effective November 2, 1987 CHEMNET OPERATING RULES The following CHEMNET Operating Rules shall govern the operation of CMA's "CHEMNET" (the Chemical Network). I. Definitions A. CHEMNET (the Chemical Network) means the network of Responders from Chemical Companies and For-Hire Companies, coordinated by CMA to provide emergency response to Serious Chemical Distribution Incidents (SCDI) in the United States. B. CHEMNET Agreement is the agreement establishing CHEMNET that is attached hereto, which sets forth the policy of CHEMNET that has been approved by the CMA Board of Directors, and which will be executed by Signatories. The CHEMNET Agreement incorporates by reference these CHEMNET Operating Rules. C. CHEMNET Contact is the person(s) and telephone number designated by each Signatory to be available for emergency calls from CMA 24 hours per day, every day of the year. Unless otherwise specified by a Signatory, its CHEMTREC contact shall also be deemed to be its CHEMNET Contact. D. CHEMNET Management is the Director of CMA's National Chemical Response and Information Center, together with his staff and agents, who shall manage and operate CHEMNET on behalf of CMA. E. CHEMTREC means the Chemical Transportation Emergency Center operated by CMA. F. Chemical(s), unless otherwise specified, shall include all chemical or petrochemical intermediates, products or waste. G. Chemical Company is a legal entity that produces or processes chemicals. H. CMA is the Chemical Manufacturers Association having its office in Washington, D.C. I. For-Hire Company is a legal entity, other than a CMA 047247 2 Chemical Company, that meets the criteria established by CMA for being available for response under CHEMNET and that and has agreed to be activated by the Shipper, through CMA, for response to a SCDI in return for compen sation from the Shipper. J. Limited Subscriber is a Chemical Company that does not make available Responders to CHEMNET, but that executes the CHEMNET Agreement as a Limited Subscriber, and agrees to be bound as a Limited Subscriber and as a Shipper as those terms are defined and when they apply under these CHEMNET Operating Rules. Limited Subscribers may request a response by For-Hire Company Responders only. K. Participant is a Chemical Company that executes the CHEMNET Agreement and agrees to make available their Responders to CHEMNET. L. Promptly (in the context of response) means being at the scene of a SCDI as soon as possible, considering the degree of seriousness of the incident, the exposure to the public, the proximity of the Responder (s) and the geographic, weather, travel and other conditions. M. Responder means an individual, qualified pursuant to the qualifications set forth in Section IV(B), and designated by a Participant or employed by a For-Hire Company. N. Serious Chemical Distribution Incident (SCDI) is a distribution incident involving a Chemical that requires the presence of Responder(s) from a Chemical Company or from a For-Hire company for the purpose of providing Technical Advice and Assistance because the incident (i) presents a significant possibility of causing injury to persons at or in the vicinity thereof; or (ii) presents a significant possibility of causing serious damage to the environment; or (iii) involves a Chemical which, if mis handled during first response, is capable of causing such injury or damage. For purposes of activating Respond er (s), the Shipper shall determine whether a SCDI exists; if the Shipper cannot be contacted, CMA (with the advice of Responders, if deemed necessary by CMA) may determine whether a SCDI exists. For purposes of terminating the response by Responder(s), the Responder(s) at the scene will determine whether the SCDI has ended, subject to the authority of the Shipper to request the Responders to terminate their response. O. Shipper is the Signatory whose name appears on the shipping paper as the shipper of record of the Chemical involved in an SCDI, except for shippers' associations, CMA 047248 3 brokers, forwarders, NVOCCs, consolidators, and other intermediaries, or notwithstanding the above, the Shipper will be deemed to be a Signatory who, upon being notified by CMA of the incident, acknowledges that it will assume the role of Shipper. Unless otherwise specified, the term Shipper refers to a Participant, Subscriber or Limited Subscriber. P. Signatory is a Participant, Subscriber, or Limited Subscriber. Q. Subscriber is a Chemical Company that does not make available Responders to CHEMNET, but that executes the CHEMNET Agreement as a Subscriber, and agrees to be bound as a Subscriber and as a Shipper as those terms are defined and when they apply under these CHEMNET Operating Rules. R. Technical Advice and Assistance means advice and assistance (including hands-on assistance, if appropriate) which may be given by a Responder, and which may include identifying Chemicals and the hazards associated with the Chemicals involved in the SCDI, and determining measures, if any, to be taken, including communications, precautions, evacuation if necessary, and handling and containment of the Chemicals. II. Operation A. Activating CHEMNET When the CHEMNET Contact of the Shipper is notified by CMA, by the transporter, by public authorities, or otherwise of a distribution incident involving its Chemical, and if the Shipper, in its judgement, determines that the incident is a SCDI, (1) The Shipper shall attempt to send Promptly to the scene his own response personnel (assum ing he has such personnel) or for-hire or other Chemical Company response personnel with whom he has individually contracted, or made an arrangement. (2) If the Shipper knows or finds that he is unable to send response personnel Promptly, he should activate Responders through CMA. The Shipper may advise CMA as to which Responders should be activated. In the case of a SCDI involving a Chemical of a Shipper who is a Limited Subscriber, only Responders employed by a For-Hire Company may be activated. CMA 047249 4 B. Activating Responders (1) When CMA is requested by a Participant or Subscriber to request Responders to go to the scene, CMA shall: (a) Determine which Participant can make available Responder(s) that can reach the scene of the SCDI Promptly; and (b) call the CHEMNET Contact for such Participant and request its Responder(s) to go Promptly to the scene; and (c) if sufficient Participant Responder(s) cannot Promptly respond, CMA, subject to authorization by the Shipper, shall request For-Hire Company Responder(s) to go Promptly to the scene. (2) When CMA is requested by a Limited Subscriber to request Responders to go to the scene, CMA shall request For-hire Company Responder(s) to go Promptly to the scene. C. Technical Advice and Assistance Once at the scene, the Responders will provide Technical Avice and Assistance, as needed, to attempt to reduce the severity or potential severity of the incident. D. Communications When Responder(s) are activated: (1) To the best of their ability, the Responder(s) shall contact the Shipper after establishing them selves at the scene of the incident, and maintain periodic communication with the Shipper. (2) Until the Responder(s) are relieved by the Shipper or the SCDI ends, the Shipper shall be available for contact by the Responder (s) for the purpose of giving advice on the properties of the Chemical involved in the incident, and other advice and assistance the Responder(s) may require. Additionally, upon request of the Participant's Responder(s), the Shipper-Subscriber shall dispatch, when feasible, a representative from its company to provide assistance at the scene. CMA 047250 5 (3) The fact that Responder (s) have been activated for the Shipper shall not relieve the Shipper of any requirements to report the incident to governmental authorities, nor reduce the importance of the Shipper being available to communicate with such governmental authorities, the media, and the public. E. Relieving the Participant's Responder(s) The Shipper shall relieve the Participant's Respond er (s) at the scene as soon as possible. In no event shall the Participant's Responder (s) be obligated by the CHEMNET Agreement to remain longer than the first 24 hours from the time the Shipper became aware of the SCDI. If the Shipper cannot provide relief through his own company's emergency response teams (assuming he has such) within the first 24-hour period, he shall engage a for-hire emergency response team or make separate arrangements with the Partici pant's Responder(s) to have them stay at the scene beyond the 24-hour period. If the Shipper does not relieve the Participant's Responders within the 24-hour period and the Participant's Responders either remain on the scene, or elect to leave the scene, the rights and obligations under this CHEMNET Agreement and CHEMNET Operating Rules shall continue to govern. If separate arrangements are made with the Participant's responders, all rights and obligations under this CHEMNET Agreement and CHEMNET Operating Rules shall be presumed to govern those arrangements, unless otherwise agreed to. If the Shipper does not provide relief as required above, at the request of the Participant's Responder(s), CMA may request For-Hire Responder(s) to relieve the Participant's Responder (s). F. When the Shipper Cannot Be Contacted If CMA is unable to notify the Shipper of an incident involving his product within a reasonable time period: (1) CMA should use its best efforts to activate Responders as set forth in Section 11(B) above (without the requirement of Shipper involvement), if it determines (with the advice of Responders, if deemed necessary by CMA) that the incident is a SCDI; and (2) CMA will use its best efforts to continue to attempt to contact the Shipper; and (3) once the Shipper is contacted, he shall relieve the Participant's Responder(s) at the scene as soon CMA 047251 6 as possible, and no later than as set forth in section 11(E) above; and (4) the Shipper shall be obligated for Reimbursement and Payment under Section II(G), for all obligations under Section VI, and for all other obligations under the CHEMNET Agreement applicable to a Shipper as if the Shipper had authorized the activation of Responders. G. Reimbursement and Payment (1) Upon request by the Participant whose Respond er (s) were activated to go to the scene of a SCDI, the Shipper shall reimburse the Participant for out-of-pocket expenses in connection with responding to the SCDI, including but not limited to: (a) the cost of transportation, lodging, long distance calls, meals and overtime wages that were in fact incurred and paid; (b) the replacement cost for tools and equipment that are expensed for tax purposes, and with respect to capital items, the original cost less depreciation and salvage value; and (c) the costs of renting, cleaning and refurbishing equipment. (2) The For-Hire Company whose Responder(s) were activated to go to the scene of a SCDI may request payment from the Shipper for its services rendered in connection with the SCDI only in accordance with a schedule of charges that has been submitted in advance to CMA. The Shipper shall make payment to the For-Hire Company for such charges. (3) The CHEMNET Agreement shall in no way limit legal remedies the Shipper may have to seek reimbursement from any liable transporter, packer, warehouseman, customer, consignee, or other entity for the out-of-pocket expenses paid to the Participant and the charges paid to the For-Hire Company. Also, the CHEMNET Agreement shall in no way limit legal remedies the Participant or For-Hire Company may have to seek payment from any liable transporter, packer, warehouseman, customer, consignee, or other entity for their respective out-of-pocket expenses or charges that are not paid for by the Shipper. CMA 047252 7 III. Other Limitations On the Obligations of Participant's Responder(s) A. In addition to all other limitations set forth herein, the Participant and its Responder(s), for any reason in its sole discretion, may decline to respond, or limit its response, to any incident, and such declination shall not create liability or be deemed a breach of its obligations under the CHEMNET Agreement. B. Participant's Responders at the scene are entitled to undertake Technical Advice and Assistance that they deem appropriate under the circumstances, unless they have been directed by Shipper not to take such action or to respond differently. If Participant's Responders disagree with Shipper's directives, the Responders may decline to respond further. C. This Agreement does not create a legal duty upon the Participant or the Participant's Responders to transport, treat, store and/or dispose of any hazardous waste associated with the SCDI. D. The Participant and CMA shall keep confidential all proprietary information of the Shipper that is not already in the public domain, unless the Shipper has authorized the dissemination of such information. IV. Qualifications of Participants, Subscribers, Limited Subscribers and Responders A. Qualifications of Participants, Subscribers, and Limited Subscribers Any Chemical Company may become a Participant, Subscriber, or Limited Subscriber in CHEMNET by executing the CHEMNET Agreement as a Participant, Subscriber, or Limited Subscriber and thereby agreeing to be bound by the terms applicable to Participants, Subscribers, or Limited Subscribers. B. Qualifications of Responder(s) Responder (s) should have adequate knowledge, which shall mean being capable, based on training and/or experience, to provide Technical Advice and Assistance for the particular Chemical or generic Chemical grouping that pose similar transportation hazards created by the Chemical that is involved in the SCDI. Any person who regularly performs emergency response functions for his Chemical Company may be presumed to have adequate knowledge and qualifications with respect to those specific CMA 047253 8 Chemicals for which he may respond for his company and all generic Chemical groupings that pose similar transportation hazards. Responder(s) also shall be adequately equipped to respond to the Chemical involved in the incident. CMA may establish, based on the preceding guidelines, professional qualifica tions for the Responder(s) that will be used in CHEMNET. C. Designating Qualifications Participants and For-Hire Companies shall designate to CMA: their Responder team(s) that will be available to CHEMNET; the location of the Responder team(s); the geographic area in which the Responder team(s) could Promptly respond; the Chemicals, the generic Chemical groups and transportation hazards for which each unit of Responder team(s) is not qualified; or other general restrictions, if any, the Participant or For-Hire Company will place on the use of their Responder team(s). Signatories shall designate to CMA other general restrictions a Signatory will place on the response by others to the Signatory's SCDI. Qualification designations shall be made contemporaneously with, or shortly after, execution of the CHEMNET Agreement, and in the case of For-Hire Companies, no later than execution of their agreement with CMA. Designations shall be updated as they change, but not less than every two years. V. Management A. CMA CMA shall be responsible for making all decisions regarding policy, management, and administration of CHEMNET and CMA's involvement therein. CMA shall employ adequate staff, known as CHEMNET Management, to manage CHEMNET. B. CHEMNET Advisers At least five representatives from CMA member companies shall serve as advisers to CHEMNET. Advisers may also be chosen from other affected industries such as the for-hire response industry, Chemical transporters, public first responders, and other governmental authorities. The selection of advisers, their term of service, and their organizational structure shall be recommended by CMA's Distribution Committee and approved by CMA. CMA's Distribution Committee shall serve as parent to CMA 047254 9 the CHEMNET advisers, whether such advisers are established as a new CMA working group or as part of an existing working group of the Distribution Committee. The CHEMNET advisers shall advise CHEMNET management, subject to Distribution Committee and CMA approval, on any matter relating to CHEMNET. VI. Liability A. Effect of the CHEMNET Agreement Nothing in the CHEMNET Agreement or in the operation of CHEMNET shall be construed to impose a legal duty upon CMA, a Participant, a Subscriber, a Limited Subscriber, or upon any of their personnel to respond to the scene of a chemical distribution incident or to take action under the CHEMNET Agreement or CHEMNET Operating Rules. Nor shall the CHEMNET Agreement or the operation of CHEMNET be construed to shift any responsibility (which may be imposed by statute, governmental regulation, contract, or common law upon a carrier, public warehouseman, customer, consignee or other entity) to prevent injury and damage arising from an occurrence or for liability arising from such injury or damage. B. Indemnification Obligation The Shipper whose Chemical is involved in the SCDI that has resulted in the activation of Responder(s) agrees to defend, hold harmless and indemnify CMA, the Participant, and their personnel for their actions or omissions (including their negligent actions or omissions) in connection with their involvement in coordinating response, in deciding whether or not to respond, in terminating, limiting or declining further response and in responding (including but not limited to providing Technical Advice and Assistance) in connection with a SCDI involving the Shipper's chemical. Such obligation to hold harmless and indemnify shall extend to any and all liability and loss for personal injury, wrongful death, property damage or damage to natural resources, or response and clean-up costs sustained or incurred in connection with such SCDI, including the reasonable cost of defense of such actions. The provisions in this paragraph shall be applicable notwithstanding any negligence on the part of CMA, the Participant, or their personnel, but shall not be applicable to the extent liability arises by reason of their gross negligence or willful misconduct. CMA 047255 10 C. Financial Requirements for Participants and Subscribers Each Participant and Subscriber warrants that it is capable of meeting its indemnification obligation under this Section and its financial obligations to responding For-Hire Companies under Section 11(G) byhaving in place and keeping in place at all times during the Participant's participation or Subscriber's subscription in CHEMNET one of the following: 1. insurance coverage with a third-party insurer in an amount not less than $5 million. In the event that there is a deductible, or self-insured retention, the Participant or Subscriber must have net worth (defined as the Participant's or Subscriber's total assets minus total liabilities; i.e., owner's equity) of not less than six times the deductible or retention, or $30 million, whichever is less; 2. net worth in an amount not less than $30 million; or 3. any combination of the above that in the aggregate is not less than $5 million, provided that in combining net worth and insurance coverage, only one-sixth of each dollar of net worth shall be included in such calculation. D. Financial Requirements for Limited Subscribers Each Limited Subscriber warrants that it is capable of meeting its indemnification obligation under this Section and its financial obligations to responding For-Hire Companies under Section II(G) by having in place and keeping in place at all times during its subscription as a Limited Subscriber in CHEMNET the following: 1. insurance coverage with a third-party insurer in an amount not less than $1 million, and 2. net worth in an amount not less than $1 million. VII. Assignment of Rights To the extent the Shipper does not indemnify the Participant, CMA, or their personnel under Section VI, or reimburse a Participant under Section 11(G), the Shipper, by executing the CHEMNET Agreement, hereby assigns, or as required by law agrees to assign at such time, to CMA 047256 11 Participants, to CMA, or to their personnel as appropriate, all rights it may have to recover from the carrier, public warehouseman, packer, or other person that provides distribution services or goods for such losses, damages, and expenses incurred by the Participant, by CMA, or by their personnel. This assignment of rights shall in no way relieve the Shipper of its obligations to the Participant, to CMA or to their personnel under this CHEMNET Agreement and CHEMNET Operating Rules. VIII. Effective date The CHEMNET Agreement shall be effective with respect to individual Signatories upon execution of the Agreement by the Signatories and CMA. CHEMNET shall begin operations as soon as CMA shall determine that the necessary CMA Management, facilities, and Responders are available. IX. Modifications CMA may modify, add to, or delete provisions of these Operating Rules. Such modifications, additions and deletions shall be subject to CMA Board Approval if they are inconsistent with the policies set forth in the CHEMNET Agreement. Notice of all modifications, additions, and deletions, and an opportunity to withdraw from the CHEMNET Agreement shall be given to all Signatories to the CHEMNET Agreement; a minimum of 45 days notice will be given for all modifications, additions, or deletions directly affecting a Signatory's rights or obligations under the CHEMNET Agreement. Appropriate notice as determined by CMA will be given for all other modifications, additions, or deletions. X. withdrawal Any Participant may withdraw, with or without cause, from CHEMNET by giving 60 days' written notice of intent to withdraw. Any Subscriber or Limited Subscriber may withdraw, with or without cause, from CHEMNET by giving 30 days written notice of itent to withdraw. Such withdrawal shall not affect any obligation or liability of such Signatory arising under the CHEMNET Agreement or in the operation of CHEMNET prior to the date of withdrawal. XI. Termination CMA may terminate, with or without cause, the participation or subscription of any Signatory by giving CMA 047257 12" 60 days' notice of intent to terminate. CMA may terminate CHEMNET entirely, or any portion thereof, with or without cause, by giving notice thereof to all affected Signatories at any time. Termination shall not affect any obligation or liability of a Signatory arising under the CHEMNET Agreement or in the operation of CHEMNET prior to the date of termination. XII. Obligations to For-Hire Responders By executing the CHEMNET Agreement, the Signatory authorizes CMA to represent to For-Hire Companies the provisions of the CHEMNET Agreement and Operating Rules relating to its obligations as Shipper, including but not limited to the obligation to make payment under Section 11(G) to the For-Hire Company that is requested, in accordance with Section 11(B)(E), or (F) to respond to a SCDI involving the Shipper's Chemical. XIII. Interpretation The CHEMNET Agreement and CHEMNET Operating Rules shall be interpreted and construed according to the laws of the District of Columbia. CMA 047258 JfiN t 4 '3t 14:33 FROM RP-3ASIC-CHEM-CQ Pfl'33.333 ATTACHMENT "A" CHEMTREC Chemical Manufacturers Association 2501 M Street, N.w. Washington, D.C. 20037 Attention; Mr. Jay Chezem Gentlemen: This is to advise you that ( . _ ) Company will, subject to the provisions stated below, assist shippers of Phosphorus Trichloride and Phosphorus Oxychloride who asree to participate in the inane of PCL3/POCL3 Mutual Assistance Program) in the event of an emergency Involved with the transportation of this product. In the event of such an emergency, you may release our name, telephone number and the locations of our response tesm(s) to such other shippers. We understand that CHEMTREC will, in all instances, contact the shipper whose product is involved in the emergency and that it will be this shipper who will in turn contact our company if our assiatance is desired. Additionally, you may contact ua in the event you cannot identify or locate the shipper whose product may be involved in such a transportation emergency. ( ) Company reserves the right in its complete and sole discretion to respond or not to respond to any requests for assistance. Further, ( ) Company reserves the right to rescind this letter at any time. In no event is this letter to be construed as an admission of liability or responsibility for any emergencies involving Phosphorus Trichloride or Phosphorus Oxychloride. For the CHEMTREC data sheet, our company number for twenty-four hour contact is ( ). Our response team locations are as follows: Cl) Location: ' Telephone Number: ______ (2) Location: ____ Telephone Number: Sincerely yours. By__ Title CMA 047259 JPN 14 *31 14:33 PROM RP-BflSIC-CHEM-CO ATTACHMENT "3" ' PHOSPHORUS EMERGENCY RESPONSE PROGRAM CHEMTREC INSTRUCTIONS PhGE.333 Page 1 of 6 Rev. 7/88 After receipt of incoming emergency call. DO THE FOLLOWING: 1. Consult Phosphorus Response Teem locator map and determine Response Team closest to emergency site. 2. Turn to Phosphorus Emergency Response Program State Listing (alpha order) for company name and phone number(s). 3. IF SHIPPER IS KNOWN: a. Call shipper. b. Provide details of emergency and its location* c. Provide shipper with the company name, phone number(s), and location of nearest Response Team. d. Insure shipper i3 provided with any additional instruc tions noted in the State Listing. e. Advise of CHEMTREC availability for additional assistance if required. IF SHIPPER IS NOT KNOWN: a. CHEMTREC will call nearest Response Team location. b. Advise that shipper name is not known at present. e. Continue efforts to determine shipper name* d. Once determined, call shipper; provide details of emergency, actions taken by CHEMTREC, the company name and phone number(s) of Response Team called by CHEMTREC. 4. Carry out normal procedures. MEETING ATTENDANCE RECORD PLEASE PRINT MEETING ATTENDANCE RECORD please prim Schttk. Mi'isy Lnshhitt r I ^ ^ t? f C H & ^0 NAME _ COMPANY (lAt/lJ/(''/?L TfS Pi /7.\ M- STREET AJ> t'/ Sr //Jil_______ ` . iOtu-n^l____________ STATF.^ P 0 .?3SSJZIP Q'lmo CITY i/iAK/ff/l (`l TA/l, ' ST;-: : 3CV-6olM) yjri dat: Lzh'Jld telephone area copfs -f/,; <f7 -/.U- ^ . t/P/f- n MEETING ATTENDANCE RECORD PLEASE PRINT MEETING ATTENDAN*. 2 . PLEASE PRIM "?.___ _______________ CofiiiJ_, ~/i*ClML ^ONJAffUtS~ NAME (C )cMPaNY________________7______________________ COMPANY ____________________ -REET ______ 3CC/Sp&W Va/ P/<^_________________ STREET _I51)| M *T- M.w . TTY fju yAj state zip /y 3/ t-city W tt>t)r^6rtrJ state zip 'ELEPHONE (AREA CODE) mX/'/DATE / /T/^1 /TELEPHONE (AREA CODE) r. \ t vs sR MEETING ATTENDANCE RECORD PLEASE PRINT sfi MEETING ATTENDANCE REO'RO PLEASE PRINT J -- I_L_ NY ... f - r , .' S*> ' `REET________ ? < <7.. IF v Cr L-^ TV f L'^f, ,,-( ^s-vN STATE X (4: ZIP 7C 7 name COMPANY /ytajiA. /2/e*s0 a*___ STREET f CITY //S/H/gS M, // STATE AJJ ZIP & ELEPHONE (AREA CODE) >7 DATE / /*)If) TELEPHONE (AREA CODE) t DaTE */*/*( MEETING ATTENDANCE RECORD PLEASE PRINT <fi CMA 047261 MEETING ATTENDANCE RECORD PLEASE PRINT AME i \ztxJ NAME ^RAriK /h Seu. rtn/- S'PANY Cfll.ft - CH6MS7A 9 SS i AI SMt/iAO L.T?C STATE ________ COMPANY /?, C r r)r>0 ft !C ft C-& /; rr.A-,- zipy STREET j$r?kS 2J, CITY P.ALVEKr cnv STATE JLy. 42rJ>y a roop.Ww-im "LEPHONE ARE DATE ! S? W W}1 TELEPHONE fAREA CODE1 23 3 Hh, LM MEETING ATTENDANCE RECORD PLEASE PRINT jf 1 MEETING ATTENDANCE RECORD PLEASE PRINT ''' AME <3 MY 'j i--v COMPANY Cv '0 -0A\ 6. , In (. n---^ Sti.cy/i cC. -mz> TV P/H&fPt&T' STATE 77^ ZIP WfW STREET \ C_ lO -a 1 ^C CITY (_ aIC. v |,A,(ri STvr~ L'E - !> 7 aA -_/ o.d-oz.e area code; ^4?~,\rc !-$-?/_ TELEPHONE .AREA CODE.' ? 1 -+N 1 'AT W , hD MEETING ATTENDANCE RECORD PLEASE PRINT 0 1 MEETING ATTENDANCE REC .AT) PLEASE PRINT ame MIK.E KfefiL(J5<SOf^ MPA.NY VlSTA C^M\C/VL IREET P.O. bOK TTY HOUSTON 1^02-^ TXSTATE ZIP 7707^ NAME company <9 (4) 1 street____ Ufojs.J&n***/ -ST 2.4^ CITY C^olunmlau* ST ATE QW. ZIP J^ f^\ELEPHONE (AREA CODE) (7R^ SBR-35^4 DATE j TELEPHONE (AREA CODE) dfl'A 23.5-412S .CO ! /?A _) W| MEETING ATTENDANCE RECORD PLEASE PRINT a ME I PA NY EET 1Y STATE ZIP [ELEPHONE IAREA CODE) DATE IIJ3)| 1 AME 1DMPANY 1 "R I TY MEETING ATTENDANCE RECORD PLEASE PRINT STATE ZIP l-.LEPHONE AREA CODE1! DATE 3f 1 MEETING ATTENDANCE RECORD PLEASE PRINT NAME COMPANY STREET CITY TELEPHONE (AREA CODE) STATE ZIP D aTE jF | MEETING ATTENDANCE RECORD PLEASE PRINT NAME COMPANY STREET CITY TELEPHONE (AREA CODE) STATE 047262 A Division of The Society of The Plastics Industry, Inc. December 17, 1990 TO: VCM Mutual Aid Network Task Force Distribution List RE: Meeting - JANUARY 9, 1991 At the December 12 Vinyl Institute Executive Board meeting, the Board agreed in principle to proceed with plans for establishing a vinyl chloride specific mutual assistance network. In addition to the background paper which you have previously received, enclosed is a copy of the slide material used by Frank Borrelli of Georgia Gulf in reviewing this issue with the Board. The Board has asked that the Task Force: o proceed with the development of a first-year work plan and budget, and o report back to the Board prior to its next Board meeting (February 27, 1991). The Board will then finalize the implementation of the plan/ budget through either CMA or the VI. John Coburn, OxyChem's Responsible Care Coordinator, has agreed to chair the Task Force through this next phase. John has set a meeting date of Wednesday, January 9 at: The Society of the CONFERENCE ROOM C 1275 K Street, NW Washington, DC Plastics Industry The meeting will convene at 10 am, with adjournment no later than 3 pm. Please return the attached form to our offices by mail or fax (201/890-7029) no later than January 4, 1991 so that we may have an accurate attendance list. I look forward to seeing you January 9. If you have any questions, please let me know. In the meantime, Happy Holidays! Meredith N. Scheck Assistant Director CMA 047263 Wayne Interchange Plaza II 155 Route 46 West Wayne. NJ 07470 * (201) 890-9299 Fax # (201) 890-7029 J.J. Klimavicz GEORGIA GULF PO Box 629 Plaquemine, LA 70764 Frank Borrelli GEORGIA GULF 42C Reads Way Newcastle Del. Commons Newcastle, DE 19720 John M. Coburn OCCIDENTAL CHEMICAL 300 Berwyn Park, Suite 30C Berwyn, PA 19312 Brent White J. Mike Kerlegon VISTA CHEMICAL VISTA CHEMICAL 5200 Southeast 59th St. 900 Threadneedle Oklahoma City, OK 73155 PO Box 19029 Houston, TX 77224 Richard Wagner Transportation Coordinator Borden Chemical 180 East Broad St., 24th F Columbus, OH 43215 George Bevis Frank Soliman Borden Chemicals/Plastics BFGoodrich PO Box 427 PO Box 527 Geismar, LA 70734 Highway 1523 Calvert City, KY 42029 Vergel Perry DOW CHEMICAL Highway 227 Freeport, TX 77541 J. Phil Allison BFGoodrich Intermediates 233 Benmar Street Suite 620 Houston, TX 77060 Gerald K. Jordan PPG Industries, Inc. PO Box 1000 Lake Charles, LA 70602 Alden Andre VP Operations/Environment FORMOSA Plastics PO Box 271 Baton Rouge, LA 70*821-0271 Burley Melton Corporate Dir./Envir. 9 Peach Tree Hill Rd. Livingston, NJ 07039 Michael L. Donahue Manager CHEMNET/CHEMTREC Liaison Chemical Manufacturers Assoc. 2501 M St., NW Washington, DC 20037 047264 CMA RECOMMENDATION A FORMAL MUTUAL' AID ORGANIZATION OF ALL U.S. VCM PRODUCERS SHOULD BE CREATED. MISSION OF ORGANIZATION TO UTILIZE MUTUAL ASSISTANCE TO PROMOTE IMPROVEMENT IN THE SAFE DISTRIBUTION OF VINYL CHLORIDE MONOMER BY ENHANCED PREVENTION, PREPAREDNESS AND RESPONSE CAPABILITIES OF INDUSTRY, CARRIERS AND THE PUBLIC SAFETY SECTOR. Oj CMA 047265 WHY MUTUAL ASSISTANCE PROGRAM EXPANDS KNOWLEDGE BASE IN TRANSPORTATION SAFETY ASSURES A COMPREHENSIVE APPROACH TO THE COMPLETE DISTRIBUTION NETWORK EFFICIENT UTILIZATION OF RESOURCES TO MEET RESPONSIBLE CARE INITIATIVES A UNIFIED INDUSTRY APPROACH IS NECESSARY TO EFFECTIVELY PROMOTE COMMUNITY OUTREACH PROGRAMS CMA 047266 ORGANIZATION ACTIONS SHARE PREVENTIVE, PREPAREDNESS AND RESPONSE INFORMATION VALIDATE AND ENHANCE EXISTING EMERGENCY RESPONSE PREPAREDNESS PLANS PROVIDE TECHNICAL EXPERTS TO THE SCENE OF INCIDENTS DEVELOP RECOMMENDATIONS FOR IMPROVEMENTS IN SHIPPING EQUIPMENT AND PROCEDURES cm 047267 J 3 COSTS PAID BY VCM PRODUCING COMPANIES ONLY $30,000/YEAR ORGANIZATION COST (EST) COST BASED ON SERVICES USED 530,000 FIRST YEAR OPERATING BUDGET (EST) CMA 047268 Occidental Chemical Corporation is proud to be an active participant in RESPONSIBLE CARE A Public Commitment As a member of the Chemical Manufacturers Association. Occidental Chemical Corporation is committed to support a continuing effort to improve the industry's responsible management of chemicals. We pledge to manage our business according to these principles: To recognize and respond to community concerns about chemicals and our operations. To develop and produce chemicals that can be manufactured, transported, used and disposed of safely. To make health, safety and environmental considerations a priority in our planning for all existing and new products and processes. To report promptly to officials, employees, customers and the public, information on chemical-related health or environmental hazards and to recommend protective measures. To counsel customers on the safe use. transportation and disposal of chemical products. To operate our plants and facilities in a manner that protects the environment and the health and safety of our employees and the public. To extend knowledge by conducting or supporting research on the health, safety and environmental effects of our products, processes and waste materials. To work with others to resolve problems created by past handling and disposal of hazardous substances. To participate with government and others in creating responsible laws, regulations and standards to safeguard the community, workplace and environment. To promote the principles and practices of Responsible Care by sharing experiences and offering assistance to others who produce, handle, use. transport or dispose of chemicals. CM >gMiCAt ASSOCIATION CMA 047269 1.1 Senior uniiMtiit commitment through policy, communications and resources to ongoing improvements in chemical distribution sftty* 1.2 tegular evaluations of chemieal distribution risks that consider the hasards of the aterial, the likelihood of eceideats or releases, the potentiel for hiMan end environmental exposure fro* release of the Material, and the route of transport. 1.3 Identification and iMpleaentation of risk reduction Measures for eheMical distribution. 1.4 Importing and investigation of chemical distribution accidents and releases, and iaplementation of preventive SMasures. CoMoliance teview and TrainintI II III iy y__ vt 2.1 A process for sionitoring changes in, and interpretations of, regulations and industry standards for their applicability to aenber eoMpany chemical distribution activities, snd for inplestenting those regulation. 2.2 Training for all effected member company employees in the proper implementation of applicable regulations and meaber company requirements. 2.3 An ngoing program for providing guidance end information to carriers and contractors who perform distribution activities for the member company on the Member company's training and compliance requirements for the activities. 2.4 tegular reviews of nombsr company employee, and carrier and contractor compliance with applicable regulations and member company requirements. Carrier Sefet* ritneee________________________ I------------------------ II--------UI____ IS_____S--------- VJ 3.1 A process for selecting carriers to transport member company chemicals that emphasizes carrier safety performance and regulatory compliance, and includes regular reviews of their performance and e npliance. CMA 047270 T^rfTiriBfT tasooasa and Public 5.1 A procats for responding to chamieal distribution accidents and ralaasas involving member company chemicals. 5.2 Documented procadurts for making emergency rasponsa information about mambar company chasicalt in distribution availabla to rasponsa agancias. 5.5 An ongoing program for making training facilitias and materials availabla to amarganey rasponsa agancias* 5.4 Dialogua with stata and local amarganey planning organisations on tba distribution and basards of tba mambar company's chemicals to improve community preparedness to respond to chemical distribution emergencies. 5*5 Dialogue with the public on actions taken by the industry and the member company to improve the safety of chemical distribution and the effectiveness of sound emergency rasponsa assistance* agenda SPI Headquarters Conference Room C 1275 K Street, NW Washington, DC VCM MUTUAL AID TASK FORCE Wednesday January 9, 1991 * - ~ JSji' The purpose of the meeting is to provide Executive Committee direction and 1991 costs before their Feburary 37 meeting. Listed are some of the scope, costs and Issues questions. SCOPE e*A. .4 . . 1. Common issue forum (e.g,, tank car safety, incident review, carrier review) 2. Responsible Care commitment 3. Mutual aid - technical and/or HMT (hands on) `' A* COSTS 1. Organizational (i.e., administrative) ?.ii , . '-^zyw "T' v a* Panel manager regular meeting attendance requirement ~`M\ b. Preparation of agendas, minutes, follow-up, informati n > mx'- *- research, coordination of outside services " '' c. Billings 2. costs - Operational a. Development of educational materials and delivery or distribution (e.g., video production for first responders, VCM literature) b. Training guide c. Travel, meeting frequency? d. industry training seminar e. Training - responders, contractors f. Assessment of existing capabilities - rail, contractor (i, reduce cost, improve coverage) ISSUES 1. Organization - Vinyl Institute or CMA; Chemstar or? 2. Cost Apportionment - Production volume, track miles or equal - or two levels, large and small, or other 3. VCM user companies (e.g., Goodyear, Shintech) inclusion 4. Future Issues - Canada, Mexico, pipeline, marine 5. Regional response coverage?, partial + contractors? CMA 047272 The Vinyl Institute, A Division of The Society of the Plastics Industry, Inc. Wayne Interchange Plaza II, 155 Route 46 West, Wayne, New Jersey07470, (201) 890-9299 PROPOSAL TO ESTABLISH A VCM TRANSPORTATION MUTUAL AID NETWORK Summary Statement Since this activity relates to issues regarding the safe distribu tion of a material important to the vinyl industry, this presenta tion to the VI Board is to communicate the progress in addressing an east coast rail safety issue to propose the formation of the mutual aid organization of member companies that produce vinyl chloride monomer, and to consider if the organization should be operated as a Vinyl Institute activity with a separate budget and funding mechanism. An alternative for the Board to consider is formation of this organization as a CMA Chemstar panel. Similar costs would be associated with either alternative. Background Over 5.5 billion pounds of VCM is shipped via railroad systems in the United states annually. Combinations of trained railroad personnel and contract hazardous material emergency response organizations are utilized to deal with rail incidents involving hazard chemicals throughout the network. Local public emergency resp'onse plans and personnel may be activated to respond to major rail incidents that have the potential to endanger public safety. By activating the CMA Chemtrec network, the railroad personnel an contact the product shipper to gain knowledge and response support during an incident and to develop remediation plans. Most VCM is shipped from the Gulf Coast area, and therefore, industry personnel responsible for response to VCM transportation incidents are concentrated in that location of the country. It is recognized that rail incidents involving VCM tank cars have occurred infre quently in the past several years. Recent Experience A critique of an August 1989 incident involving a punctured VCM tank car in Camden, NJ switch yard and follow-up meetings with industry and carrier personnel concluded: . There was an inability to provide knowledgeable shipper technical experts to the scene within the first hours of the incident. . There existed a lack of product specific knowledge for involved railroad, contract and public emergency response teams to deal with this incident. . A lack of knowledge of regionally available response resources was evident. CMA 047273 2- - Due to the lack of an established incident command procedure, communication between responding organi zations was cumbersome and hampered the response. Following the incident, a risk review by railroad management recommended revised handling procedures and handling frequencies to minimize the risk of future incidents. Similar reviews were recommended for other carriers. activity Undertaken During 1990 During the past year: Oxy Chem has created a hazmat emergency response team that operates out of their Pottstown, PA plant to respond to VCM incidents at a maximum of a 200 mile radius. A VCM awareness training program for railroad supervision, industry personnel and public response personnel has been established at the Burlington County, New Jersey Fire Academy. The program was jointly developed by Oxychem, BFGoodrich, Georgia Gulf, and Formosa Plastics. / New procedures have been implemented by the East Coast carrier to significantly reduce the frequency of car switch ing operations. . Two meetings were held with VI member company distribution experts to discuss response preparedness in other regions of the country and the need to formalize mutual aid support to deal with rail accidents/incidents. The initial meeting, hosted by the VI, was held June 27th. A survey was devel oped at that meeting to preliminarily assess individual com pany interest in cooperating in the various elements of an industry-wide preparedness/emergency response network. Based on the positive feedback to the survey, a second meeting, hosted by CMA, was held October 10th. The names of those who either responded to the survey or attended either/both of the meetings is attached. . The CMA has approved Responsible Care Code of Management Practice for distribution which places responsibility on industry for: (1) A process for responding to chemical distribution accident/incidents involving the member company's chemicals. CMA 047274 -3- (2) Documented procedures for making information about the company's chemicals in distribution available to response agencies. (3) A program for making facilities and/or training materials available to emergency response agencies. (4) Dialogue with state and local emergency planning organizations on the distribution and hazards of the company's chemicals to improve community preparedness to respond to chemical distribution emergencies. (5) Dialogue with the public on their concerns about chemical distribution safety, actions taken by the industry and the company to improve the safety of chemical distribution, and the effectiveness of emergency preparedness and emergency response assistance. Recommendation A formal mutual aid organization of all U.S. VCM producers should be created either under CMA or SPI. The organization would coordinate the following activities: . Share preventive, preparedness and response information through periodic meetings and a communicative network. Validate and enhance existing emergency response prepared ness plans and capability in critical areas of the distri bution network to deal with transportation accident/incidents involving VCM. Provide, through prior arrangement, technical experts to the scene of incidents until the shipper can respond. (Note Assumes that individual companies accept geographic respon sibilities for this activity.) . Develop recommendations regarding improvements in shipping equipment and procedures to enhance overall industry safety performance. Costs Much of the costs associated with the operation of the mutual aid organization are costs that would have been bared by the member companies individually in activities to manage their distribution risks. The network will enhance efficient utilization of industry resources through coordinated efforts in meeting new Responsible Care initiatives. However, there would be additional organization costs for meeting, staff and administrative based on preliminary CMA 047275 1 -4discussions and a review of costs incurred by other response networks, it is estimated that first year start-up costs would be at least $60,000 ($30,000 in project costs and $30,000 in ad ministrative and related expenses). Should a group be convened to establish a network, one of the initial items to be final ized/adopted would be the development of a line-item budget. Legal Review SPI counsel has reviewed this proposal and has informed staff that there is no restriction in the SPI bylaws to the formation of such a network. CMA 047276