Document 0Jmrq61mXYZavbgLY9pD7zDBn

(conoco) Interoffice Communication Distribution W. L. Groves March 12, 1980 RECEIVED 'iAR 14 1980 Subject PROPOSED regulations for reporting under tsca SECTION 8a REFERENCE FEBRUARY 29, 1980 FEDERAL REGISTER PAGES 13646-13676 In view of the proposed regulations and opportunity to continent within sixty days, it appears that any of us who have had experience in TSCA reporting should meet to consider future responsibilities and commenting on the proposal. A proposed agenda for a meeting should include: I. Responsibilities for the following. A. Making comments and suggesting the delisting of specific chemicals. B. Future reporting. C. Continued membership on the SDA subcommittee on TSCA. D. Soliciting advice on reporting chemicals such as nonionic surfactants, detergent alkylate, linear alkylbenzene sul fonates and cresylic acids which are "undefined or variable composition" chemicals, but whose components occur in the list of 2300 chemicals. II. Comments on proposed regulations. A. Review Proctor and Gamble's comments (copy attached) and consider our comments on their numbers 1 and 4. B. Reporting losses. Is this really a part of the law? How can losses be determined? Aren't losses really a control function of other existing laws? C. Delisting specific chemicals. Lists of Conoco Chemicals attached. List of non-isolated intermediates should be obvious candidates for delisting, assuming they are not commercial chemicals marketed in appreciable volume by other companies. There may be additional subjects to discuss. The attachments and subjects shown above should be considered background to prepare for a meeting only. Please contact me in regards your interest. W. L. Groves pkv attach. Distribution: Ponca RCA(WDB-MAC) OCK FK Houston JJH AL 0000*7 3023 TSCA 8(a) Key Issues Endorsement of these issues: - 3 rule program - exclusion of processors - exclusion for R&D - exclusion for impurities and byproducts - 3 broad categories of use - Agency's willingness to remove chemicals from list Comment on these issues: is. X * - The list of chemicals proposed is excessively long. Agency has not made full use of previously submitted data or published information concerning chemicals on the list. - Procedure for requesting a manufacturer's customer list or information from a processor/customer should involve the publica tion of the list of chemicals for which processors would need to respond rather than using certified letters as proposed. - The exclusion for byproducts should extend to any quantity without an upper 1imit. $ - The Agency is exceeding its statutory authority when it requires production information concerning non-TSCA regulable materials even though some amounts of the same chemical is regulable under TSCA. - Provisions must be made which allow confidentiality claims without imposing unnecessary reporting burdens on industry. SAL 000053024 TSCA 8(a) - Key Issues 1. Endorsement of the proposed 3 rule program. - This approach is appropriate since it reserves detailed agency scrutiny for a limited number of truly suspect chemicals. - This approach relieves industry of reporting and of the Agency of reviewing volumes of detailed data on innocuous materials. 2. Endorsement of processor exemption. - We agree that manufacturers or importers of mixtures should not report unless the information received from manufacturers is insufficient to assess a chemical. 3. Endorsement of exclusion for those who manufacture or import a substance solely for research and development purposes. - We agree that such uses would not be expected to significantly affect exposure scores. In addition, it would reduce the incentive for innovation and development if such activities had to be reported to the Agency. 4. Endorsement of the 3 broad categories of use: - The Agency's proposal of 3 broad categories of use (use as a reactant, use other than as a reactant, use in consumer products) are sufficiently informative for effective enforcement of TSCA while not so detailed as to pose a confidentiality concern. - We believe that given these broad categories most of the information being sought in this phase will be able to be supplied by the chemical manufacturer so that reporting by customers/processors will be minimal. 5. Endorsement of the exclusions for persons who manufacture materials only as impurities or unsold/uuused byproducts. -- This exclusion is appropriate since materials which occur as impurities are usually unpredictable and low level. Unsold and unused byproducts by definition have insignificant public exposure and are more appropriately regulated under OSHA regulations or EPA waste management programs. - Comment that the alternate being considered by the Agency wherein chemicals produced as byproducts would be reported if they are produced in large quantities (i.e., 10M, 1Q0M lbs) is inappropriate because it 1) penalizes those manufacturers who collect such data, and 2) as stated above, deals with materials more appropriately dealt with by other agencies. 6. Endorsement of the Agency's apparent willingness to remove chemicals from the list based on toxicity data provided during the comment period. 7. Comment that 2300 chemicals is excessive. It seems as if Che Agency has not made full use of previously submitted data or published information which presents substantia1-evidence that a chemical is not signifleantly toxic. B i-l I.. 0 () 0 0 '.::i 0 t;; 2 - There are chemicals on the proposed list.for which submissions were made by the SDA as well as by individual companies in 1977 in response to a proposed list from the Interagency Testing Committee. There is no evidence that such previous submissions were considered prior to writing this proposal. Given the availability of previous information, the current proposal imposes "unnecessary or duplicative reporting requirements". 8. Rather than requesting a manufacturer's customer lisc via a certified letter we endorse the proposed alternative procedure of determining the chemicals for which sufficient information was not received from manufacturers and publishing at that time a list of chemicals for which customers must respond. This procedure has the major advantage of eliminating the confidentiality problems involved with obtaining customer lists from manufacturers. Questions Posed in the Proposed 8(a) Regulations and Suggested SPA Response Q. Is there a source of adequate use and exposure data for any of the listed chemicals of which the Agency may be unaware? A- The Agency should check previous submissions made in 1977 relative to the ITC list of chemicals. The Agency should check published information such as the A. D. Little report to the SDA (Human Safety and Environmental Aspects of Major Surfactants, 5/77). Q. Are the proposed exclusions appropriate? A. We endorse the exclusions for R&D materials, impurities, byproducts, and non-isolated intermediates. In addition, we agree with excluding small manufacturers and importers, importers of mixtures and articles, and manufacturers of mixtures from reporting requirements. We do not agree that the alternative under consideration by the Agency that large quantities of byproducts should be reported since unused/unsold byproducts are not "items of commerce" and therefore not appropriately regulated under TSCA. Q. What accuracy of reporting should be required? How should the effort to obtain information be delineated? A. The proposed ^ 50% estimates for quantities of materials used in various ways by a customer are reasonable limits for a manufacturer to report on both his own uses and those of his customers. For purposes of phase I, broad limits v will provide estimates accurate enough for priority setting without imposing unnecessary reporting burdens on industry. In accordance with TSCA effort to obtain the required information should extend only to obtaining readily available or "known" estimates. We endorse the proposal that it should not involve extensive file searches. Q. Should all customers be required to submit subsequent reports? Is sampling possible? Should only customers whose activities are unknown report? A. Given the broad categories of use proposed, it should be only rarely that any information will be required beyond that provided by the manufacturer. If the Agency publishes a list of chemicals for which customers must report, then the only customers who would be required to report are those who use the specified chemicals and perhaps only those who use them above some designated quantity. If the Agency pursues the customer list/certified letter option, then only customers whose activities are unknown and whose usage volume represents a significant portion of a material should report. In neither case should all customers be required to report since this .would create an unnecessary burden and generate much duplicate information. Q. Is the Agency properly asserting its authority when it attempts to obtain production data on non-TSCA chemicals that are also regulable under TSCA? A. The Agency is exceeding its statutory authority whenever it requests data on materials specifically excluded under TSCA. It is not unreasonable to separate worker exposure estimates into TSCA and non-TSCA regulable proportions prior to repor ting. 2 Q. Should the final rule permit claims of confidentiality for use and process ca tegories ? A. We believe that it is essential that some information remain confidential due to the competitive nature of the market. It should not be required that persons claiming confidentiality provide substantiation on an item-by-item basis since this would impose an unnecessary reporting burden on industry. In addition, we strongly recommend that the requirement be deleted that a confidentia1ity claim be made only if the specific chemical identity was claimed as confidential for the Inventory or a PMN. This would prohibit a manufacturer from ever using a currently listed chemical for a confidential purpose unless it was being used as such in 1979 when the Inventory was generated. Confidentiality claims will not impede the Phase I process of prioritizing chemicals for further investigation since the data could be made available for public review in aggregate form. t SAL TSCA 8(a) Chemicals List Materials of General Interest to SDA Members Sodium 'l'r ipo ly phos pha te EDTA Te t rasodium pyrophosphate Chlorinated Trisodium phosphate CnAS C12 Fatty Ac id LAS Die thy Lamine Monoethanolamine Sil icate Toluene/KTS Sodium Sulfite Propylene Glycol Sodium Metaphosphate (Glass H) Perfume Ingredients Phenyl Ethyl Alcohol Methyl Benzoate Methyl Anthranilate Alpha pinene Beta Pinene Di ethylphthalate Geraniol Coumarin Alpha Terpineal 71-55-6 74-87-3 75-09-2 75-21-8 75-34-3 75-35-4 79-00-5 84-77-5 88-18-6 88-60-8 89-04-3 95-48-7 95-65-8 95-87-4 100-66-3 104-40-5 104-72-3 105-67-9 106-44-5 106-98-9 106-99-0 107-01-7 107-07-3 108-38-3 108-39-4 108-68-9 108-88-3 110-54-3 111-65-9 111-66-0 111-87-5 112-30-1 CHEMICALS SUBJECT TO REPORTING UNDER TSCA SECTION 8a RULING Ethane, 1,1,1,-triehioroMethane, chloroMethane, dichloroEthylene oxide Ethane, 1,1,-dichloroEthene, 1,1,-dichloroEthane, 1,1,2-trichloroDidecyl phthalate 2-t-butyl phenol 2-t-butyl 5-methyl phenol Trioctyl phthalate 0-cresol Phenol, 3,4-dimethylPhenol, 2,5-dimethyl Anisole Phenol, 4-nonylBenzene, decylPhenol, 2,4-dimc tliylPhenol, 4-methy11-Butene 1,3-Butadiene 2-Butene Ethanol, 2-chloroBenzene, 1,3-dimethylPhenol, 3-methylPhenol, 3,5-dimet hyl Benzene, methylHexane Octane 1-Octene 1-Oc tanol 1-Decanol Chemicals Subject to Reporting Under TSCA Section 3a Ruling Page Tvo 112-40-3 112-41-4 112-53-8 112-70-9 112-72-1 112-38-9 112-92-5 115-11-7 117-81-7 119-07-3 123-01-3 123-02-4 123-96-6 124-18-5 126-99-8 128-37-0 128-39-2 137-99-5 140-60-3 142-82-5 151-21-3 497-39-2 506-51-4 526-75-0 527-60-6 540-59-0 576-26-1 590-19-2 608-93-5 Dodecane 1-Dodecene 1-Dodecanol 1-Tridecanol 1-Tetradecanol 1-Octadecene l-0ctadecanol 1-Propene, 2-raethylD0P Decyloctyl phthalate Benzene, dodecylBenzene, tridecyl2-Octanol Decane 1,3-Butadiene, 2-chloro2,6 di t-butyl, 4-methyl phenol 2,6 di t-butyl phenol Phenol, 2,4-dinonylBenzenesulfonic acid, 4-decylHep tane Na lauryl sulfate 2,5 di t-butyl, 5 methyl phenol 1-Tetracosanol Phenol, 2,3-dimethylPhenol, 2,4,6-trimethyl Ethene, 1,2-dichloroPhenol, 2,6-dimethyl1,2-Butadiene Benzene, pentachloro- Chemicals Subject to Reporting Under TSCA Section 8a Ruling Page Three 629-50-5 629-59-4 629-62-9 629-73-2 629-96-9 657-84-1 661-19-8 872-05-9 1120-21-4 1120-36-1 1300-71-6 1300-72-7 1319-77-3 1330-20-7 1333-13-7 1459-10-5 2131-18-2 2235-54-3 2409-55-4 2416-94-6 2627-06-7 2819-86-5 3088-31-1 5274-68-0 6742-54-7 6842-15-5 12068-03-0 18777-54-3 25154-52-3 25155-30-0 25167-67-3 Tridecane Tetradecane Pentadecane 1-Hexadecene 1-Elcosanol Na toluene sulfonate 1-Dodosanol 1-Decene Undecane 1-Tetradecene Phenol, dimethylNa xylene sulfonate Phenol, methylBenzene, dimethyl3-methyl t:-butyl phenol Benzene, tetradecyl Benzene, pentadecylNH4 lauryl sulfate 4 methyl 2-t-butyl phenol Phenol, 2,3,6-trimethylBenzenesulfonic acid, 4-decvl-, sodium salt Phenol, pentamethylNa lauryl ether sulfate C12-4EO ethoxylate Benzene, undecyl1-Propene, tetramerNa toluene sulfonate Benzenesulfonic acid, 4-(i-ethyldecvl)Phenol, nonylBenzenesulfonic acid, dodecyl-, sodium salt Butene Chemicals Subject to Reporting Under TSCA Section 8a Ruling Page Four 25264-93-1 25321-41-9 25339-56-4 25377-72-4 25496-01-9 25567-40-2 26248-24-8 26761-40-0 27176-87-0 27636-75-5 36653-82-4 50354-94-9 Hexene Xylene sulfonic acid Heptene Pentene Benzenesulfonic acid, tridecyl4-methyl t-butyl phenol Benzenesulfonic acid, tridecyl-, sodium salt didecyl phthalate Benzenesulfonic acid , dodecylBenzenesulfonic acid, undecyl-, sodium salt 1-Hexadecanol Benzenesulfonic acid, undecyl- SAL 0000^3 NON-ISOLATED INTERMEDIATES 555-75-9 10700-00-4 1116-70-7 1116-76-3 1529-58-4 1529-59-5 1726-65-4 1726-66-5 3041-23-4 3085-30-1 3985-81-7 6651-25-8 6651-26-9 7784-21-6 14624-13-6 14624-15-8 19141-82-3 23275-26-5 26303-54-8 67905-29-7 67905-30-0 67905-31-1 A1 ethoxide Aluminum, trloctylAluminum, tributylAluminum, trihexylAluminum, tritetradecy1Aluminum, tridodecylAluminum, trihexadecylAluminum, tris(decyl)Aluminum, trioctadecyl1-Butanol, aluminum salt 1-Octadecanol, aluminum salt Aluminum, tridocosylAluminum, tritetracosylAluminum hydride l-0ctanol, aluminum salt 1-Dodecanol, aluminum salt 1-Hexadecanol, aluminum salt 1-Hexanol, aluminum salt 1-Decanol, aluminum salt 1-Tetracosanol, aluminum salt 1-Docosanol, aluminum salt 1-Elcosanol, aluminum salt 3-12-80