Document 2qVg1pJDQ9n731j1wG6z2LogR

CRAC-43 Chemical Manufacturers Association Minutes of Meeting Chemical Regulations Advisory Committee O'Hare Hilton Hotel Chicago, IL Tuesday April 14, 1981 9:15 AM - 5:45 PM Members Present Lee Starr (Chairman) F. Edward Bentley Bruce H. Brubaker j. R. Condray (for Monte C. Throdahl) Donald E. Ellison Donald L. Heywood E. Hamilton Hurst Dean E. Leib Jack P. McCarthy (for A. W. Lawrence) John Murphy (for A. B. Lindquist) Robert Polack Carl W. Umland Celanese Corporation 212/764-7953 Texaco, Inc. Diamond Shamrock Corp. Monsanto Company 713/666-8000 214/745-2869 314/694-8883 Virginia Chemicals Inc. Union Carbide Corp. Nalco Chemical Co. Rohm and Haas Co. Koppers Company, Inc. 804/483-7353 202/551-4052 312/887-7500 215/592-3563 412/227-2262 Stauffer Chemical Co. 203/222-3233 Reilly Tar & Rubber Co. 317/638-7531 Exxon Chemical Americas 713/870-6762 CMA Staff Present H. Christopher Nolde Gordon D. Strickland David F. Zoll 202/887-1134 202/887-1388 202/887-1158 CMA Outside Counsel Robert Sussman (p/t) Covington & Burling 202/453-6300 ****** ACTION ITEMS The Communications Task Group will assess attendance at Informational Meetings held out of the Washington, DC area and recommend to CRAC continuance or discontinuance of such meetings. (See item 4.A.) CMA should consider publishing a bibliography of toxic substances information services. (See item 4.D.) CRAC Minutes April 14, 1981 Page Two " The Economic Impact Task Group will develop a range of options for future CRAC economic activities. (See item 5.C.), Final comments on CMA's "The First Four Years of TSCA: A Summary and Critique of EPA's Progress" should be forwarded immediately to Bob Sussman. item 6. C.) (See CRAC members who have not completed their assigned tactics statements should do so quickly and forward them to Gordon Strickland. (See item 7.B.) CRAC members should identify and urge that qualified persons attend the CSIN Task Group April 22, 1981, reorganizations! meeting. (See item 8.B.) ****** 1. Dr. Starr, chairman, called the meeting to order at 9:15 AM. 2. The minutes of the March 18, 1981, meeting were approved with one correction: page 8, item 4.H., line one, change to read ", . . March 16 draft . . ." * The'following comments supplement the chairmen's reports recorded in the April 14, 1981, CRAC Meeting Book. Page numbers for those records are shown in parentheses in each heading: 3. Oversight Task Group (page 27) - Bruce Brubaker Members of CRAC observed that, as written. Section 14(b), which covers health and safety studies, could fail to provide appropriate protection for specific trade secrets that if released to the public would disclose property rights defensible under other statutes; for example, unique methods or technology used in specific chemical analyses. CMA 083270 CRAC Minutes April 14, 1981 Page Three 4. Communications Task Group Report (page 28) - Ron Condray A. Special Guest Speakers who could contribute to CRAC informational meetings held in the Washington, DC area, frequently are unavailable or are only provisionally available to participate in regional meetings. Additionally, the benefits of holding out-of-town meetings may not outweigh the costs to CMA. Consequently, the Communications Task Group will assess the practicality of holding out-of-town informational meetings and will recommend to CRAC whether or not such meetings should be held. If regional meetings are continued, CRAC should use only CRAC members or other speakers for whom attendance can be guaranteed. B. The next informational meeting will highlight future regulatory plans and organization of EPA^ C. The CMA Semiannual Meeting will be held in Washington, ' dC on November 2 and~3~^ ckac plans to participate in the meeting and will strive to alert member company representatives to the impact of TSCA on future sales and product innovation. Presentations will most likely be made by members of CRAC and should be scheduled to avoid significant competition from other concurrent CMA programs. D. CMA should consider publishing a bibliography of useful toxic substances information services. E. The Committee considered and rejected maintaining and routinely updating for publication a summary of TSCA's regulatory history. Instead the Toxic Substances Newsletter will be used to keep members apprised of CRAC activities and significant issues. 5. Economic Impact Task Group Report (page 38) - D. Ellison A. The Chemical Specialties Manufacturers Association [CSMA) has contracted with the Regulatory Research Service to conduct an economic study on the impacts of - TSCA on CSMA member companies. The study, tor which questionnaires have been mailed to CSMA members, primarily evaluates the impact of the PMN process on innovation. Mr. Douglas Fratz, CSMA, is the staff executive for the study. CRAC Minutes April 14, 1981 Page Four 1 fcwxjf1'" B. Mr. Jim O'Connor met with representatives of EPA and Meta Systems Inc. to review the current status of Meta Systems' Study on the effects of TSCA. The Epjv funded study is still in its phase I literature review that addresses: - performance of the national economy , - business performance of the chemical industry - innovation performance in the chemical industry - currently available data bases for the chemical industry . No model for the study has yet been defined and, therefore, questionnaires have not been developed. The Economic Impact Task Group of CRAC, will develop a ran^e of options for future CRAC economic c" activities, which could include participating in the Meta Systems' effort. The task group's proposed options will be submitted to CRAC for consideration. The review will consider questions raised on page 38, of the April 14 CRAC'meeting book. 6. Testing Task Group and Control Regulations Task Group Reports (pages 88 and 2&2) - Carl Umland ! A. Joint industry group meeting with the Honorable James Malone r Members of CRAC, IAG, staff, outside counsel and BIAC, met with Mr. James Malone, Assistant Secretary foe Oceans and International Environmental and Scientific, Affairs, on April 13, 1981. Mr. Malone favorably considered industry objections-to the U.S. voting for a "decision1* on minimum premarket data (MPD) during the planned OECD Council meeting on April 28, 1981. Mr. Malone indicated that the objections CMA 083272 CRAC Minutes April 14, 1981 page Five offered to him seemed to be consistent with Adminis tration goals. [A copy of the letter presented to Mr. Malone is enclosed on pages 184-201 of the April 14/ 1981/ CRAC Meeting Book.] B. EPA is analyzing PMNs: EPA has contracted with ICF to analyze PMNs submitted to the Agency. ICF will attempt to define the benefits of the PMN process, reanalyze the PMN proposed form and will seek to limit the scope of PMN rules. For example, EPA is considering granting PMN exemptions; however, they are considering developing a rule that would define the process for gaining exemptions rather than defining those categories of substances that would automatically be exempt from the PMN process. CMA's petition for a more realistic approach to 5(h) (4) exemptions' will be~submitted to~ the Agency in early May. That proposal may suggest exemptions tor: site-limited intermediates chemicals manufactured in low volumes polymers chemicals that complete the PMN review early and for individual chemicals or chemical categories not encompassed by the first three generic exemptions mentioned above. C. The CMA primer on the history of "The First Four Years of TSCA: A summary and Critique of EPA's Progress" will be completed in two weeks. Members were asked to forward any last commments to Mr. Sussman as soon as possible. D* OSHA's Labeling Standard; . The House Health and Safety Subcommittee (Educa tion and Labor Committee) is now holding oversight hearings on OSHA's withdrawn labeling standards. To date, primarily Union spokesmen have been heard, however, CMA has been asked to testify in May. OSHA representatives are expected to testify" in'June. CRAC Minutes April 14, 1981 Page Six E. PMN Testing Guidelines - The Testing Task Group has developed a draft petition on the PMN testing guidelines. That petition will be redrafted to include the language, with appropriate qualifiers, that should be used in the guidelines and policy statements if they are to be acceptable to industry. The qualifiers would state unequivocably that the guidelines are in no way binding on the tester. F. At its April 10 meeting, the Testing Task Group reviewed CTFA's Safety Testing Guideline^ Generally, the" voluntary guidelines were well drafted. Only minor changes, designed to improve flexibility, were suggested by the tasic group. copy of CMA's comments on Human Health Effects Test ing was also mailed to CTFA for their reference. G. The Testing Task Group has received an early SPA . 5raft of a proposed test rule on dichloromethane, nitrobenzene, and 1,1,1 - trichloroethaneT The draft points out that the Agency will strive for consistency with OECD. The tasfc group will comment on the proposal, which is expected to be published in: May. H. Messrs. Mooney and Umland met with Connolly and Schwartz to discuss the ITC scoping meeting and agreed that the ITC scoping meetings should be continued. Additionally, prior to future meetings, EPA should more fully disclose to the public its thoughts on types of testing, methodologies and data . gathering. Such information, if released early, ~ would allow more enlightened dialogue with industry , consortia. Messrs. Mooney and Umland also stressed' that the ITC should do a better job of prioritizing all chemicals to be tested and should select " chemicals that would represent any categories defined by ITC, CMA 083274 CRAC Minutes April 14, 1981 page Seven 7, Planning and Audit Task Group Report (page 39) F. E. Bentley A. Audit function: charters have now been approved by CRAC for all eight task groups. Drafts of (1) a revised charter for CRAC, prepared by Don Heywood, and (2) the revised "Rules of Procedure for CRAC and its Task Groups" were presented for CRAC's considera tion. Committee comments were recorded and will be incorporated in revised drafts for CRAC's approval. It is the intention of PATG to have all approved charters, objectives and strategies for CRAC and its task, groups, assembled into a booklet. George Brokaw has suggested the booklet be titled "Charters, Objectives, Strategies, and Rules of Procedure for CRAC and Its Task Groups". This booklet should be ready, hopefully, for the May meeting. It should be particularly helpful to new members of CRAC. B. Planning functioni CRAC has now approved a longrancfe plan supported by 12 key strategies. Proposed action statements or tactics for implementing each strategy are being written by individual CRAC members. Those members who were assigned to develop tactics who have not submitted them were urged to forward them to Gordon Strickland before the May meeting. The tactics will be packaged and distributed to CRAC members for discussion at the May meeting. The tactics will be available as a resource but not necessarily as a CRAC-approved document. The tactics are not intended to be limiting. C. Toxic Programs Integration: EPA is again working to coordinate intra-agency work on toxic substances under air, water, pesticides and land uses. The program has been given a high priority in the Agency's FY '82 budget. The four major Agency activities to be integrated under the program are reported to be: "1) data generation, analysis and risk assessment; 2) decision making on a chemicalby-chemical basis; 3) decision making on an industryby-industry basis; and 4) decision making on a geographical basis." Ihe program, being developed by the Toxic Substances Priorities Committee is discussed further on page 93 of the March 25, 1981, Toxic Materials Hews publication. 1 --T i CMA 083275 CRAC Minutes April 14, 1981 Page Eight 3. CSIN Task Group Report (page 64) - John Murphy a A. The CSIN white paper could serve to help introduce requirements that would provide disclaimers for nonvalidated data and preclude public use of operational nodes such as HEEDA. B. CRAC members were asked to identify and encourage potential new CSIN Task Group members to attend the Task Group's reorganizations! meeting on April 22, 1981. '' C. The Interagency Toxic Substance Data Committee held a meeting on April 7 at which the Computer Corporation of America demonstrated a system similar to CSIN. Marilyn Bracken would now like to hold a similar demonstration of CSIN. 9. Reporting Task Group Report (page 81) - Dean Leib A. Planned Activity: In addition to reviewing CMA's draft petition on the TSCA 512(b) export rule, and draft comments on the TSCA S8(a) asbestos reporting rule at its April 23 meeting, the task group will also review a draft 58(a) reporting rule on ethylene dichloride. The comments on the 58(a) asbestos rule will be sent by the end of the week to the task group for their review. Following the task group's review of the 512(b) comments, they will be shared with CMA's Interna tional Trade Group, which commented on President Carter's January 15, 1981, Executive Order 12264 "On Federal Policy Regarding the Export of Banned or Sig nificantly Restricted Substances." That trade group is now developing recommendations that will aid the Secretary of Commerce and the Secretary of State in their review of existing mechanisms for notifying and consulting with importing countries regarding those harmful substances which may adversely affect the foreign policy interests of the United States. CMA 083276 CRAC Minutes April 14, 1981 Page Nine 10. Regulatory Reform - David Zoll David Zoll briefed the Committee on the sequence of events for responding to Vice President Bush's request for identification and supporting data on the top ten regulations of greatest concern to industry. Events are outlined as follows: ' CMA scoping meeting with Boyden Gray March 18 - Roland letter to Executives and Committee chairmen announcing the pending request for information from the Vice President. March 25 - Vice President Bush's letter to Fortune 200 companies and Associations. March 31 - Roland letter to Chairmen and Task Group leaders, containing: - the Bush letter - response guidance - a copy of the March 18 Roland letter - Master list of regulations of concern to industry April 2 - CRAC meeting with Boyden Gray April 10 - Memorandum transmitted to Committee chair men and members of PRASC, CRAC, EITG, EMC and EETG. April 15 - Projected Committee submission of comments on candidate regulations to CMA. fci- CRAC Minutes April 14, 1981 Page Ten April 23 - CMA initial draft will be available at cma * April 24 - Chairmen's meeting to prioritize CMA issues. May 1 - Submission of CMA package to Vice President Bush. 11. The meeting was adjourned at 5:45 PM. CMA 2501 viast Atte s^lwdfH Gordon D. Strickland Director Health, Safety and Chemical Regulations Minutes Subject to Approval GDSrbal Distribution: C01 042881 Oft 0ft tern CMA 083278