Document 3QjzmKXeKNvL2yVX2DbmXxBkE

CRAC ' CHEMICAL MANUFACTURERS ASSOCIATION Minutes of Meeting Chemical Regulations Advisory Committee CMA Lobby Conference Room 2501 M Street, NW Was hing ton, DC 20037 Wednesday February 18, 1981 9:40 AM - 3:00 PM Members Present F. E. Bentley B. Brubaker J. R. Condray G. Hapka D. Heywood H. Hurst A- W. Lawrence D. E. Leib A. B. Lindquist J. McCarthy L. Starr Texaco Chemical Company Diamond Shamrock Corporation' Monsanto Company E. I. du Pont de Nemours Union Carbide Corporation Nalco Chemical Company Koppers Company Rohm and Haas Company - Stauffer Chemical Company Koppers Company Celanese Corporation CMA Staff Present C. Nolde R. Schumacher J. O' Connor G. Strickland D. zoll * * * + -+ * * 713/666-8000 214/745-2869 314/694-8883 302/774-94666 212/551-4052 312/887-7500 412/227-2741 215/592-3563 203/222-3233 212/764-7953 202/887-1134 202/887-1386 202/887-1130 202/887-1388 202/887-1158 ACTION ITEMS: The Advisory Panel on CMA's Economic Impact Study of TSCA will meet on March 4, 1981, to draft its initial report. Mr. O'Connor will tell the Advisory Panel chairman that the final report should be com pleted by March 10, 1981. -The EITG will draft a letter to Mr. Toby Clark (EPA) asking that CMA be given an opportunity to review the Meta System's study protocol. The task group will also ask how CMA might assist with the study if CMA and EPA agree to a cooperative effort. CMA 083246 CRAC Minutes February 18, 1981 Page Two The EITG will redraft its charter for presentation to CRAC at the March meeting, Mr. O'Connor recorded CRAC1s recommendations for modification. The EITG will analyze and prepare a report fully explaining any inconsistencies and reinforcements j between the NERA and RRS reports. The second draft of CMA's comments on the Significant New Use Rule will be mailed to CRAC for review. Mr. Hutt will draft an analysis of the probable effects of various votes the U.S. Ambassador to OECD may cast on the MPD issue. Mr. Mooney will chair a work group to determine the appropriate method for voicing CRAC's concerns about the possi ble effects of the ambassador's final choice of votes. CMA staff will forward a letter to CMA companies soliciting responses to the 7th ITC list. Jim O'Connor will meet with CSMA to determine the scope of their TSCA impact study, and how CMA might interface with CSMA on the study. Mr. Heywood will develop, by March 18, a proposed CRAC charter in the format used for the Task Groups. Mr. Bentley will propose at the March meeting revised special rules of procedure for CRAC, if appropriate. CRAC members will review CMA's draft comments on the Section 13 proposed rule and policy statement and will bring their comments to the CRAC retreat. The RTG will investigate inefficiencies of EPA's procedures for handling Section 8(e) notices. After the CRAC retreat, the CSIN TG will develop its new action plan 1. Lee Starr, chairman, called the meeting to order at 9:40 AM. Minutes of the meeting of January 28, 1981, were approved with the following changes: -- T......... CMA 083247 CRAC Minutes February 18, 1981 Page Three (Page numbers refer to pages of the CRAC Meeting Book, February 18, 1981,) A. Page 3, first action item, line one; change to read; "Charters for the CSIN Task Group, the Oversight Task Group, and the Economic ..." B. Page 8, item 8.A. Change to read: Mr. Hutt after reviewing the guidelines, has concluded that "it is important for CMA to submit brief comments on the policy to EPA." C. Page 9, item 8.H., paragraph 2 to read: "CMA will urge EPA to challenge the decision in the Second Circuit on the grounds that EPA committed itself to an unreasonable schedule in view of the Carter Administration's freeze on hiring." D. Page 11, item B.D., delete last sentence, which begins "Ron Condray will ..." E. Page 12, item 11.A,, end of line 2, change to read: 'PCBs'*. 2. Economic Impact Task Group Report - Jim O'Connor A. Allen Ford has replaced David Wood on the Task Group. B. CSMA is planning to conduct a study on the impact of TSCA on its member companies; Mr, O'Connor will meet with CSMA to determine both the scope of the CSMA study and how CMA and CSMA studies might be coordinated. C. * Douglas Bannerman (EPA) has asked CMA to identify retired chemical industry employees that could consult on EPA's Meta Systems Study. CRAC members agreed that consulting with CRAC members, who are currently employed by industry and have a broad knowledge of potential impacts of regulations, could preclude-EPA's repeating the same types of errors common in the ICF study. The EITG will draft a letter to Mr. Toby Clark (EPA) asking that CMA be offered an opportunity to review and comment on the Meta Systems Study protocol. Members of the task group will also ask how CMA might assist with the study if EPA and CMA agree to some type of joint effort. "T..... CMA 083248 CRAC Minutes February IS, 1981 Page Four D. The task group is reviewing suggestions for improving the quesionnaire used in the NERA study. E. The Advisory Panel to the HERA study will meet and draft their report on March 4, 1981. Mr. O'Connor will tell the chairman of the panel and the EITG, that CRAC has set a deadline, March 10, 1981, for submission of the final Advisory Panel report. After the Advisory Panel's report is received, CRAC will make recommendations to the Executive Committee on how CMA should proceed in its broad evaluation of the impact of TSCA on the chemical industry. Planning-Audit Task Group - F. E, Bentley A. In addition to comments covered in the chairman's report, page 22 of the February 18, 1981, CRAC meeting hook, members discussed potential schedule conflicts that preclude presenting either of the first two issues in their entirety on the afternoon of March 25. Mr, Umland and Mr. Throdahl will resolve the problem to accommodate key participants. B. Charters. The charter of the CSIN Task Group was approved with minor modifications. The Oversight Task Group charter was approved u written, with the exception of two typographical errors. The Economic Impact Task Group charter will be redrafted for approval at the March 18, 1981, CRAC meeting. All charters will, along with CRAC's special rules of procedure, be published together for use by the Committee, Reporting Task Group Report - Dean Leib To the chairman's report, see page 32 of the February 18 1981, CRAC meeting book, the following comments were added. CMA 083249 CRAC Minutes February 18, 1981 Page Five A. The Section 8(a) Level A rule and the Section 8(d) rule are ready for internal EPA coordination, but are not being coordinated now because of the agency freeze. The Section 8(d) rule will, as now drafted, include a semiautomatic reporting requirement that would be triggered by the addition of a substance to the ITC list. CRAC directed that the task group ask to see the documents before they are sent to OMB. B. Dr. Wiltse believes there will be no further action on the Section 8{c) rule before the end of 1981. C. EPA will soon publish a notice in the Federal Register that discusses Chemuses. D. Copies of draft proposals for Section 8(a) Level B and C rules, will be provided to CMA for review, in late FY 81 (ending October 15, 1981) and prior to publica tion in the Federal Register. E. A copy of draft 2 of CMA's comments on the Treasury's TSCA Section 13 proposed rule and EPA proposed Policy Statement were distributed for CRAC's review and comments. The comments have already been reviewed with the ITG members. CRAC members were asked to bring their comments to the CRAC retreat. CMA's final comments must be submitted by March 2, 1981. * F. At its March 10 meeting the Task Group will develop technical comments on the Section 12(b) rule. The comments will address byproducts and impurities. G. The Task Group will investigate allegations of in efficient EPA procedures for handling Section 8(e) notifications. Other activities precluded the Task Group's looking at the problem last month. H. Section 8(d) reports submitted under the 1978 reporting rule are still on file at EPA and would not need to be resubmitted when the new Section 8(d) rule is published. I. The 30-day comment period announced in the February 6 Federal Register notice on delisting chemicals on the . TSCA inventory is inadequate. The RTG will formally ask that a longer period (60-90 days) be authorized. J. CMA will file formal comments on EPA's asbestos rule; those comments will be limited to generic issues unrelated to asbestos as a specific material. J 1 j | f ' ' CMA 083250 1 CRAC Minutes February 18, 1981 Page Six 5. CSIN Task Group Report - A. B. Lindquist ' CRAC members reviewed and approved the CSIN Task Group's white paper on the EPA's Chemical Substance Information Network (CSIN). The following questions - to be further considered by the Task Group were raised. - Will CSIN supplant existing private sector systems? - Are those private sector systems' data bases superior in quality? - Can the Task Group effect a quality assurance program for CSIN, and if not, can it in any way limit data basing of questionable data? - In view of the changes in the Task Group's mission, is the Task Group membership still appropriate, or is there a need for different talents? - How will the Task Group carry out its new mission? After the CRAC retreat, the CSIN Task Group will develop its action plan for CRAC's review. .6 Control Regulations Task Group Report - Carl Umland The following updates and additions to the chairman's report (see page 41, CRAC meeting book, February 18, 1981) were discussed. CMA asked for and was granted a 30-day extension for submitting its comments on the ICF's PMN study. Comments will be filed on or about March 13. CMA's review shows that the PMN program produces a severe impact on the number of chemicals introduced into commerce, and that, uncertainty is a major factor that increases costs. The RRS study includes suf ficient small companies to indicate the impact on small industry. The EITG was asked to develop a report that fully explains inconsistencies and reinforcements between the NERA and the RRS studies. CMA 083251 CRAC Minutes February 18, 1981 Page Seven C. Although Edward Kline (EPA) indicated a PMN rule would probably not be published this year, a PMN form has been submitted to CMB for reinstatement. CMA staff has asked for a copy of EPA's package that was submitted to Ct-E. (Note: CME in dicates this is a tanporarv approval update for the proposed FMN forts. D. A second draft of CMA's comments on the proposed Significant New Use Rule will be distributed to CRAC for review. In a recent meeting with C. Umland, G. Strickland, and G. Cox, Mr. Kline (EPA) stated that SNURs would not be generally used to track new chcmieais. In CMA's meeting with ErA on February 17, Joe DeSantis and others seemed to agree that Sec tion 5(h)(4) exemptions and Section 8 rules offer better methods for tracking new chemicals. Mr. Kline also stated that the current proposed SNUR may not become a final rule and it is not intended to be a model for a generic SNUR. E. CMA held an organizational meeting on February 11, 1981, to form a special program on PCBs. At that meeting Mr. Umland stressed the importance of the program and that CRAC could no longer carry the ' effort as a CRAC issue. EPA and EDF are expected to file a joint motion with the Court of Appeals of the District of Columbia Circuit requesting a stay of its decision in EDF v. EPA in order to permit EPA to proceed with an informa tion gathering and rulemaking program. Those at the February 11 meeting unanimously agreed that the project should go forward quickly, but disagreed over the appropriate method of funding. Some feel CMA should fund the effort because none of CMA's members are exempt from the repercussions of the judge's decision. CRAC also agreed that the study must be conducted and that it should not be a CRAC effort. Discussion was tabled pending resolution of the funding issue. 7. EEC 6th Amendment - Ham Hurst The EEC sixth amendment will become effective on September. 18, 1981. The EEC inventory will include chemicals in commerce from January 1, 1971, through September 18, 1981. There is a continuing debate on whether or not polymers should be included in the inventory. The difficulty of acceptably defining a polymer is a significant factor in the discussion. CMA 083252 CRAC Minutes February 18, 1981 Page Eight Communications Task Group Report - Ron Condray The following are additions to Mr. Condray1s written report (see page 67, CRAC meeting book, February 18). A. The next informational meeting will be held at the Airport Hilton in Chicago* Economic impact of regulations will be the central theme of the pres entations. At least one guest speaker, a member of the NERA Advisory Panel or perhaps Mr. Miller, III, will be invited to attend. B. During the Task Group's meeting with Warren Muir on January 28, Warren said he wanted earlier public input into regulatory decision-making. He hopes to accomplish this through dialogue at scoping meetings. One such meeting will be held on March 23 to discuss the 7th ITC list. Additionally, under the new system, public meetings would be held following the comment period for most, if not all, proposed rules and AHPRs. 9. Testing Task Group Report - Tom Mooney ; The following are additions to Mr. Mooney's written report (see page 53, CRAC meeting book, February 18). A. Edmund Frost submitted a letter to the Department of ; Justice on February 18, 1981, suggesting that EPA take prompt action to appeal the District Court's decision in the NRDC vs, Costle case. The letter suggests that CMA will fine an appeal even:, if EPA does not. Ernest Minor (EPA) has confirmed that the Agency has received a copy of the letter, which i* now being reviewed, but he did not disclose EPA's intentions. At its March 18 meeting, CRAC will discuss the value and probable success of a CMA appeal if EPA fails to seek appellate review. B. On February 13, the Task Group reviewed the CMA. draft comments on the proposed Environmental GLPs and Physical/Chemical Test Standards. Some addi tional work is being done on the science portion of ^ the comments and will be completed by March 16, 1981*^ Because the policy arguments are not new, the CommittwLi agreed the comments should be forwarded to EPA aftet *ii the Task Group's final approval and without additions* ^ review by CRAC, The comment period closes on March 1981. ~ CMA 083253 CRAC Minutes February 18, 1981 Page Nine C* The Task Group has reviewed EPA's Chemical Testing Guidelines, published January 27, 1981, The Task Group will draft brief comments on the guidelines. The major points of concern outlined in Mr. Butt's letter will be expanded to include some comments on OECD positions. The draft comments will be mailed to CRAC for review. There is no deadline for comment ing on the guidelines. D. CMA's legal staff has researched the legal effect of OECD "decisions" on the United States. Mr. Hutt is now analyzing the probable effects of various votes _ that could be cast by the U.S. Ambassador to OECD. Using the above information, an OECD Work Group, chaired by Mr. Mooney, will meet to determine appropriate CMA actions to assure that the Ambassador acts in the best interest of U.S. business, and within the treaty limi tations. Messrs. Umland, Condray, Hurst and Hapka were selected as additional members of the OECD Work Group. The meeting was scheduled to be held from 1:00 PM to 5:00 PM on March 4 in the CMA's General Counsel Conference Room. E. A public EPA meeting will be hld on March 12, 1981, from 8:30 AM to 6:00 PM to discuss the ITC 7th list of candidate chemicals for testing under Section 4 of TSCA (see Federal Register, February 3, 1981). . The goal of the meeting will be to seek early non- adversarial exchange on the chemicals listed; policy issues and generic aspects of rulemaking under Section 4 will not be discussed. Approximately 80 persons are now expected to attend the meeting. Messrs. Umland and Mooney will meet with EPA on February 18 (today) to determine what CMA can do to improve the exchange. CMA will mail an advisory letter to CMA company members whose chemicals are listed. 10. Oversight Task Group Report - Bruce Brubaker The following are additions to the chairman's written report (see page 60, CRAC meeting book, February 18). The TSCA review work product of the Oversight Task Group will be discussed at a special meeting as soon as draft ing is completed. CRAC members and/or company counsels will be invited to review and approve the document. A -- T 4 J CRAC Minutes February 18, 1981 Page Ten 11, The meeting was adjourned at 3s00 PM. Health, Safety and Chemical Regulations Minutes Subject to Approval CDS;bal 030381 Distribution to COl '* t s M . ;i "U -4 CMA 083255