Document 4Jr668zqqEzZDe6NdB2bBYx5G

ALERT 11SS Sixtewnih StrewL N W, Washington, D C. 20036 (202) 672-4474 May 2, 1980 Mo,; EGISLATIVE ACTIVITY MayPearings *** FEDERAL HEALTH ANO SAFETY Health and Safety Subcmte (House Educa tion and LaOor) will continue hearings on occupational health and safety in the fed eral government. Chmn Gaydos (Pa), 10:00 a.m., 2261 RHOB, May 7. COyARATIVE RISK ASSESSMENT Science Subcmte (House Science) will hold hearings on comparative risk assessment. Chmn Brown (Calif), May 13 & 14, Time 4 Room TBA. QUA RESEARCH Science Subcmte (Senate Commerce) will hold an oversight hearing on recombinant DNA research. Chmn Stevenson (111), 9:30 a.m., 235 RSOB, May 20. PCB: TESTING; HEALTH IMPACTS V Merchant Marine Subcmte (House Mercj^it continue hearings on PCB issues, infringing the science of PCB test ing, the Imoart'-nC PCB rteonstts on the eco system and human he&j/ffi. Chwfci Murphy (NV), 9:30 a.m., 1334 LH ACID RAIN Senate Energy Cmte will hold hearings on the effects of acid rain on the envi ronment. Chmn Jackson (Rash), 10:00 a.m., 3110 OSOB, May 28. PATENT 4 TRADEMARK AMENDMENTS Courts Subcmte (House Jjdlciary) will complete hearings on federal patent policy, patent reexamination by PTO, PTO fee structure, computer software copy right, and new court of appeals for patent cases, (H.R.24,4, 3806, 6933, 6934). Chairman Kastenmeier (Rise), May date TBA. * Mark-up *** REGULATORY REFORM Senate Governmental Affairs Cmte will mark up S.1945, requiring periodic congressional review of regulations proposed by federal agencies. Chmn Ribicoff (Conn), 10:00 a.m., 3302 DSOB, Reek of May 5. Senate Judiciary Cmte will mark up Ribicoff's S.262 and Culver's S.214,7 (regulatory reform proposals approved by the Subcmte on Actninlstrative Practices io December 1979). Chmn Kennedy (Mass), Time TBA, 2228 DSOB, Week of May 5: HONS 014189 Special Items WOMEN IN SCIENCE BILL APPROVED BY KENNEDY SUBCOMMITTEE On April 24, Senator Kennedy's Subcommittee on Health and Scientific Research approved the Women in Science bill (S.568) and amended it to become the "NSF Authorization and Women in Science Act".. As approved by the Kennedy Subcommittee, S.568 authorizes NSF programs at the levels shown in the following table. For comparison purposes, the corresponding figures re quested by the President, and approved by the House Committee on Science aid TechnoInn* are also shown. uiogy NSF AUTHORIZATION FOR FY 81 (S thousand; Activity RESEARCH^ RELATED President's Original Request- -* President's Bevised Bequest Senate Subcmte Aooroved House Science Cmte approved Mathematical a Phy sical Sciences Astronomical, Atmos- pherlc, Earth & Ocean Sciences U.S. Antarctic Progrma Ocean Drilling Program Biological, Behavi- orial and Social Sciences Engineering and Applied Science Scientific, Tech nological, and Internet'1 Affairs Cross-Directorate Programs Program Development and Management $ 264,200 241,300 63,400 27,300 182,000 137,000 28,830 51,950 60.800 $ 259,800 235,800 60,400 22,000 177,900 119,600 27,750 29,750 59.800 $ 243,750 224,000 58,000 24,000 172,000 125,000 26,500 32,750 60.000 $ 259,800 235,800 61,400 17,500 187,510 142,560 30,450 33,200 59.800 SUBTOTAL, RESEARCH & RELATED ACTIVITIES SCIENCE EDUCATION ACTIVITIES: SPECIAL FOREIGN CURRENCY WOMEN IN SCIENCE " 1.056.800 85.700 5,500 -0- 992.800 75.700 5.500 -0- 966.000 79,500 5.500 23,000 1.028.020 92.200 5.500 -0- TOTAL, National---------- Science $1,148,000 Foundation $1,074,000 Chemistry funded under this category " New program -2- $1,074,000 $1,125,720 nous 014190 The language of S.568 does not specify the exact allocation of the $23 Million au thorized for Women in Science programs. The final version approved by the Remedy Subcommittee contains a provision added at the last minute for "National Research Oopnrtunity Grants" to women scientists who have received their Ph.D. within five years of the date of award, or have had their careers interrupted after receiving their Ph.D. The size of the grant would be in the range of $10,000 to $75,000. The money wouid'be paid directly to the scientist for the purpose of conducting scientific research, and may include finds for the acquisition or maintenance of equipment and the renovation of facilities for research purposes. The Subcommittee staff has pointed to this new provision to indicate that some or the funds authorized for the Women in Science programs would end up funding research. Mow nuch would be spent in this manner is up to the NSF and the Committee on Woren In Science established under S.568. The NSF authorization bill that was approved by the House Committee on Science and Technology does not contain provisions identical to Senator Kennedy's "Women in Science" bill. However, it does require the President, with the assistance of the Director of OSTP and members of the Cabinet, to develop a comprehensive national policy with regard to women and minorities in science and technology, and to report to Congress before January 1, 1981. When the two versions of the NSF authorization are reconciled in the House-Senate conference, a compromise will probably be reached to authorize the Women in Science programs at an intermediate level. SENATE POSSES BAYH-OOLE PATENT BILL By a vote of 94-1 the Senate passed the Bayh-Oole bill (S.414) on April 23, amending the patent laws to allow universities and non-profit organizations to retain title to inventions arising from federally supported research. Only one amendment was adopted on the floor, to exempt the Tennessee valley Authority from the provisions of the bill. ACS POLICY STATEMENTS: PATENT POLICY; SliPERFUNO On April 24, ACS President D'lami testified before the Judiciary Subcommittee on Courts, Civil Liberties, and the Administration of Justice on the Administration's bill on federal patent policy (H.R.6933). Dr. O'lanni urged the House to enact legislation similar to the Bayh-Oole bill (S.414 which passed the Senate the day before), instead of enacting H.R.6933. The ACS views the reporting requirements in H.R.6933 as excessive, and is concerned that they would create a large bureaucracy. In addition, the ACS recommends that the provisions of S.414 be extended to all contractors. A letter from Dr. D'lannl was sent on April 30 to the chairmen and members of two Senate subcommittees (Environmental Pollution; Resource Protection) expressing the ACS concern about the scientific credibility of the definition of "release" of a hazardous substance in S.1480 (Musfcie/Culver superfund bill), and the "no-release-to-theenvironment" concept embodied in it. (For copies of these statements please contact Ms. Carol A. Williams of the Department of Public Affairs, at 202/872-4476) CORRECTION: "HIGHLIGHTS OF REVISED NSF BU3GET" (April 4 Washington Alert). The paragraph on the Chemistry program should read: "In order to maintain a modest real growth In average award size') "the number of investigators supported Is reduced somewhat below the 1980 level. The planned Increases for instrumentation and equipment will be reduced in proportion to the overall budget reduction." -3- HONS 014191 REGULATORY ACTIVITY ** May 1980 *** Environmental Protection Agency BENZENE EMISSIONS ' ~EP1T is proposing a rule wnich would limit henrene emissions from maleic anhydride plants. deadline for request to speak at hearing: May 13, 1980 Hearinq date: May 20, 1980, at 9:00 a.m. Location: Olde Colony Motor Lodge, N. Washington and First Sts., Alexandria, Va. Deadline for comments: June 17, 1980 Contact: Don Goodwin 919/541-5271 Cite: 45 FR April 18, 1980, p.26660. CHEMICAL RISK ASSESSMENTS EPA is ppoposing to require chemical man ufacturers (including miners and importers) to report production and exposure-related data on approximately 2300 chemicals to EPA. The information will Oe used for ranking chemicals for investigation and for preliminary risk assessments. Additional chemicals may be added to the list. EPA is requesting comments on the general proce dures of the rule and the specific chemi cals proposed for inclusion. Oeadline for comments: May 14, 1980 Contact: John Rltch 800/424-9065; in D.C., 554-1404 Cite: 45 FR February 29, 1980. CHEMICAL INVENTORY EPA has Issued its policy regarding late submissions for the inventory of Chemical Substances compiled under the authority of sections 8(a) and (b) of TSCA. Effective date: May 19, 1980 Contact: John Ritch 800/424-9065; in D.C. 554-1404 Cite: 45 FR April 18, 1980, p.26452. PESTICIDE REGISTRATION pA is requesting comments on registra tion standards that it has begun to prepare for 55 pesticide chemicals. The standards document ERA'S decision concerning whether, and inder what terms, new or previously registered pesticide products containinq one of the chemicals may he registered nr reregistered. " Deadline for comments: May 19, 1980 Contact: John Bowser 703/557-7973 Cite: 45 FR April 18, 1980, o.26370. PRESTICIDE RECORDKEEPING REQUIREMENTS EFT is proposing a rule wnjch would add new recordkeeping requirements to those currently required to be kept by producers who manufacture pesticides and devices f~r export. Oeadline for comments: May 27, 1980 Contact: John Neylan 202/755-1212 Cite: 45 FR April 24, 1980, p.27790. AERIAL USE OF PESTICIDES S:PA and the Federal Aviation Administra tion have received petitions from the Friends of the Earth requesting initiation of a rulemaking proceeding concerning la beling and enforcement activities in the area of aerial pesticide appiicatipns. faa and EPA are requesting comments on the pe titions to determine whether to initiate a rulemaking proceeding. Deadline for comments: May 21, 1980 Contact: Jean Frane, EPA 202/426-2510; Raymond Ramakis, FAA 202/755-8716 Cite: 45 FR January 17, 1980, p.3316; deadline for comments extended in 45 FR April 21, i960, p.26722. * June 1980 ** Copyright Office COPYRIGHTED WORKS Copyright Office will hold two hearings for use In a report being prepared for Con gress on the extent to which 17 USC 108 has achieved the intended balance between the rights of creators and the needs of users of copyrighted works which are repro duced by certain libraries and archives. Hearing date: June 11 and 20, I960 at 9:30 a.m. Location: Hilton Hotel, 1919 Connecticut Ave., N.W., Washington, D.C. Contact: Dorothy-Schrader 703/557-8731 Cite: 45 FR April 23, I960, p.27588. HONS -4- Environmental Protection ftgertcy AHMQNIA AND SULFIDE &S CONVENTIONAL i^llUtAnTs tPT is requesting comments on a petition submitted by the American iron and Steel Institute requesting that ammonia and sul fide he listed as conventional pollutants. Deadline for comments: June 2, 1980 Contact: Joseph Krivak 202/755-0100 Cite: 45 FR April 2, 1980, p.21655. PESTICIDE RFCISTRATIQN ERA is proposing "good laboratory prac tices" for standands that qovern the test ing necessary to produce data required to register a pesticide product. Deadline for comments: June 17. I^SO Contact: william Preston 703/557-1405 Cite: 45 FR April 18, 1980, p.26373. ** August 1980 *** Fnvironmental Protection Agency AIRBORNE CARCINOGENS EPA is proposing a rule regarding poli cies and procedures to be used by EPA in the identification, assessment, and regula tion, under the Clean Air Act, of sub stances which, when emitted into the ambi ent air for stationary sources, increase the risk of cancer to the general population. Deadline for comments: August 12, 1980 Contact: Joseph Padgett 919/541-5204 Cite: 44 FR October 10, 1979, p.58642. HAZARPOUS WASTE EPA has adopted final rules establishing standards for generators and transporters nf hazardous waste and has provided defini tions and guidance for the use of the regu lations. Additional regulations relating to hazardous waste will be ouhlisnen. Effective date: August 26, lRflO Contact: Harry Trask 202/755-0150 Cite: 45 FR February 26, IR80, 0.12722, 12724, 12737. EPA has also established procedures md a form to be used when filing a notification of hazardous waste activity. Contact: Terrence kafara 202/755-0150 Cite: 45 FR February 26, 2980, y.L27u6. United States Metric Board METRIC CONVERSION U.S. Metric Board is proposing voluntary guidelines for use in metric conversion. Oeadline for comments: August 1, 1980 Contact: Charles Oanner 703/235-2583 Cite: 44 FR November 15, 1979, o.65940. *** Special Items **' ACS STATEMENTS ISSUED ON FQOO SAFETY LAWS ANO EPA GUIDELINES Two official ACS policy statements have been issued recently. The first, dated Aoril 25, 1980, comments on existing food safety laws, and was sent to various congressional and government officials. In this statement, the ACS supports the intent of food safety laws to ensure a safe food supply, but the Society states that the present food safety laws and regulations are not serving the public as well as they should. The ACS makes the point that the goals of "zero risk" In the food system Is unattainable. To minimize risk, food safety laws and regulations should be revised accardinq to the stated princi ples which involve a uniform regulatory policy, assessment of both benefits and risks, use of alternatives to a total ban, and adequate scientific and public incut. The statement also outlines the responsibilities of scientists relative to the science base used in the decision-making process and mentions some of the complexities of this base. The second ACS statement deals with EPA's proposed "Guidelines Establishing Test Procedures for the Analyses of Pollutants, within its comments, the ACS states that the proposed Guidelines do not make allowances for alternative testing procedures, and that, if incorporated into the Guidelines, alternative methods could provide internal guidance Tor the scientific ccmmunity. The ACS document also goes into specific details about precision and accuracy, sampling techniques, clean-up procedures, analyte recovery, GC/LC methods, and data results. -5- HONS 014193 For copies of either of these statements, contact Carol L. williams at Acs Head quarter, 202/872-4476. CHEMICAL SUBSTANCE INVENTORY REPORTING CUTOFF FQR MANUFACTURERS ANO Importers of bulk chemicals After May 18, 1980, ERA will no lonoer accept late inventory reports from manufac turers and importers of bulk chemicals. Premanufacture Notice - After May 18, 1980, any chemical substance maufactured in the II.S. and any chemical substance imported in bulk, that has not been reported for the Chemical Substance Inventory is subject to section 5 of TSCA. Section 5 reauires that manufacturers and importers must submit a premanufacture notice at least 90 days before manufacturing or importation commences. The Chemical SuOstance Inventory - EPA published the Initial Chemical Substance inven tory on June 1, 1979, under the TSCA. The initial inventory is a compilation of exist ing chemical substances reported to EPA in 1978 by u.S. chemical manufacturers and importers. Revised Inventory Reporting - Between June 1 and December 31, 1979, chemical proces sors were provided 210 days to verify that the chemicals they buy and process were an the Initial Chemical Substance Inventory and to report those chemical substances that they buy and process if they were emitted from the Inventory. Late Reports - EPA has accepted late reports from manufacturers and Importers of bulk chemicals for the initial inventory in the interest of obtaining a complete list of chemical substances. The Agency initially adopted a lenient enforcement policy toward late submissions for reporting chemical substances overlooked during the initial inven tory reporting period. It's Office of Enforcement will strictly enforce the May 18 deadline and will assess penalties under section 16 of TSCA. Applies Solely To Manufacturers And Importers Of Bulk Chemicals - This cutoff does not affect persons reporting for the Revised Inventory, substances that they process, or Import as part of mixtures or articles, for the first time after December 31, 1979. Processors may continue to report chemicals they process, or import as part of mixtures or articles, until 30 days after publication of the Revised Inventory. Additional Information - Industry Assistance Office - Tollfree 800/424-9065 fin wash Ington, D.C. call 554-IA04). EPA MAY PROPOSE LEGISLATIVE AMENDMENTS TO SPEED TEST RULES According to EPA's 1979 Report on TSCA, legislative amendments to this law may be proposed by the Agency if solutions are not found to problems encountered in the devel opment of test rules. Section A of TSCA requires the Agency to prove, before issuing a test rule, that existing data on a chemical are insufficient to predict its health and environmental effect. EPA is re-evaluating its approach based on the length of time it is taking to develop the first testing rule. Collecting and evaluating the Information required to make this finding has been extremely resource-intensive and time-consulting. In its report, the Agency also noted progress In areas such as reporting and record keeping, premanufacture notification, testing, and chemical control....Copies of the report will be available in June or July from the Industry Assistance Office, EPA, AOl m St., S.W., Washington, 0. C. 20460, 800/424-9065. IRLG SELECTS SIX SUBSTANCES FOR SPECIAL REGULATORY EFFORTS HONS 014194 Six chemicals (asbestos, benzene, benzidine dyes, chlorofluorocarbons, formaldehyde, and polychlorinated biphenyls) have been selected by the IRLG for special coordination -6 - rfforts because'regulatory action by at least two member agencies is imminent (See Washington Alert, 2/22/80, p.5). In addition, lesser oriority has heen assiqned to 12 substances (acrylonitrile, cadmium, chlorinated dioxins, chloroform solvents, chromium, ETO, lead, mercury, noise, radio frequency and microwave radiation, vinyl chloride, and waste utilization), while IRLG workgroup activities on nine other substances have been suspended. All of the substances affected by the decisions are on the list of 27 sub stances for which IRLG has established special workgroups. Members of the workgroups on the six substances will coordinate the regulations or will explain to the heads of their agencies why such coordination was impossible. Each regulation will have to "clearly reference" how it will affect and tie in with the regulations of the other agencies. The coordination plan will focus on information gathering, economic analyses, regulation preparation, and risk assessment. The IRLG agencies will try to use one form to gather data and will share it among themselves rather than require duplicative reporting by industry. In some cases, confidentiality of data may pose a problem to such sharing. GREATER CONTROL OF RIOASSAYS TQ BE GIVEN TO NTP The mechanisms by which the Department of Health, Education, and Welfare selects and tests chemicals for carcinogenic properties will undergo significant changes in the coming months. The NCI bioassay program, which administers the bulk of governmentsponsored carcinogenesis testing, will ccme under more direct control of National Toxi cology Program (NTP) Oirector David Rail, (See Washington Alert 2/8/80, p.8) Funding for the bioassay program may remain within NCI, or the proqram may be trans ferred to the National Institute for Environmental Health Sciences which Rail also heads. Rail hopes to broaden the bioassay program to evaluate toxicological effects other than carcinogenesis. NTP will reexamine testing protocols and try to tailor bioassays to answer specific concerns about each compound tested. OSHA SEEKS APPROVAL OF PESTICIDE QUESTIONNAIRE OSHA is seeking Office of Management ano Budget approval of a questionnaire to be distributed among a random sample of manufacturers and formulators of pesticides. 0MB approval is necessary if the form is to be distributed to more than nine persons. Ac cording to OSHA officials, the agency wants to poll these industries to qet current information about pesticide manufacturing processes. Another questionnaire being pre pared for distribution seeks current technological and economic information. This information will be used in writing regulatory analyses. The process of nominating and selecting chemicals for testing will be more centralized in the NTP Chemical Nomination and Selection Subcommittee, while the NCI Clearinghouse on Environmental Carcinogens will be eliminated when its charter expires in May. The present nomination process consists of an evolving NTP system superimposed on the Cancer Institute's nomination process that was in existence when NTP was formed. * International Briefs *#* AGEMIA FOP PECO CHEMICALS MEETING HONS 014195 The agenda for the meeting of the Organization for Economic Cooperation and Develop ment's (OECD) chemicals group, May 19 to 21 in Paris, Includes the discussion of five papers that lay the technical basis for formal agreement in the OECD Council on the harmonization of chemical control policies. The five papers are on -test guidelines, updating of test guidelines, principles of good laboratory practices, minimum oremarketing data, and mutual acceptance of data. Mutual acceptance of data for assessing hazards of chemical substances Is the leading Item on the agenda. This policy concept forms the basis for the group's action on chemical substances control. According to an OECD official, the major objective is to have testing done on a new chemical substance in one member country accepted in the -7- others, thus avoiding unnecessary duplication of costly and time-consuming proce dures. The result will be better protection of the environment and health, together with the elimination of trade barriers. The conclusions of the meeting will be submitted to the Environment Committee in December, and final action will be taken hy the OECD Coun- cil in early 1981. COOPERATIVE AMERTCAN-SWEDISH CHEMICAL AGREEMENT As a result uf a recent week-lonq conference at OOL on chemical hazards in the work place, American and Swedish labor officials proposed a cooperative agreement tn coordi nate research and training activities aimed at promoting safe and healthy workplaces. The following were included in the agreement: Methods for training workers to recognize chemical hazards in their workplaces; The traininq, organization, and operation of labor-management committees to im prove worker safety and health; Approaches for epidemiological studie's and data from the registers available in each country; Analytical methods and equipment calibration as related to assessing workplace exposure to hazardous chemicals; and Information on control technologies for workplace chemical hazards. Other topics covered during the conference were: worker training and education needed to deal with chemical hazards; methodologies for epidemiological studies; bioassay methods for evaluating the safety of chemicals; overall research strategies; and. analy tical methods, equipment calibration and laboratory procedures for measuring toxic substances. COMMON MARKET'S 1980 ENVIRONMENTAL PLANS European Common Market Commission President Roy Jenkins has recently outlined the following commission priorities to the European Parliament: 1. Regulation of discharges of cadmium and lindane; 2. Control of OOT and mercury discharged by certain industries; 3. Control and reduction of pollution caused by discharge of hydrocarbons at sea; A. Establishment of a system for monitoring and controlling waste from the titanic* dioxide industry. The Commission plans to send a comnunication to the Council of European Communities on the effects of flurocarbons on the ozone layers, and fluorocarbon industries, with a view to reducing pollution caused by those Industries. The Commission, according to Jerkins, "will continue to collaborate with the American authorities with a view to reaching agreement on the application of 1) the Toxic Sub stances Control Act to new chemicals originating In the Community; and 2) the new Com munity rules to new American chemicals." ACRONYH KEY CFQ CPSC OOA OOC DOi CPA PDA tRir. NCI NIOSH NOM NSf Council on Environmental Quality Consumer Product Safety Commission Oepartment of Aqrlcul ture Department of Energy Department of Labor Environmental Protaction Agency food and Orug Administration Interagency Regulatory Liaison Group National canctr Institute National Institute of Occupational Safety A Health National Oceanic A Atmospheric A<ea1nistrat1on National Science Foundation ftSHA OSTP OTA PTO RC TSCA OSO0 RSOB IHOB RHOB CH06 Occupational Safety and Health Administration Office of Science and Technology Policy Office of Technology Assessment Patent and Trademark Office Regulatory Counci 1 Toxic Substances ConfPOl Act Dirfcson Senate Office Building Russell Senate Office Building Longworth House Office Building Rayburn House Office Building Cannon House Office Building HONS 014196 -8