Document 6wE7jmgq439D4xdbBLgqXRmdd

f M K tNial'i ietttlBNi TI 1 TO K. B. Bergen - B2SL March 8, 1974 POLYCHLORINATED BIPHENYL EFFLUENT STANDARDS CCi W. R. Corey R. E. Keller J. F. Stapleton E. P. Wheeler L. Goasage fcO. B. Hosmer K. 3 Papageorge P B. Park C. Paton W. R, Richard J. R. Savage E* S. Tucker P. L. Wright I Since our Industry-Monsanto meeting on the PCB effluent standards, I have been trying to reconcile wiiy the standards should be so tight in view of all that has glone on in the past, plus the facts that to my knowledge there have been a) no reported deaths of fish, birds, ekticte..-' from their natural habitats due to PCB's (except lab controlled or contaminated commercial feeding), and . b) no factual data on fall off of specieis population due solely to PCB's (water, storms, starvation and other chemical contaminants have been sighted and PCB has been associated). Also, Z have gone through my files with a view of 1 ) developing theories as to why more disastrous events have not occurred 2) sight evidence in support of some of the theories and evidence which might be useful in our testimony and comments to the hearing clerk of the EPA. Possible Theories Why More Has Not Happered and Why The Standards Might Be Too Tight 1 . Not a high enough concentration of PCB's are available to the species to cause death or loss of significant reproduction. 2 . The biocumulation and hence the toxic effects are not as bad. as contemplated or indicated ay lab * pristine conditions tested. PLAINTIFF'S EXHIBIT ^ NEV 025163 738438 2 3. PCB's are degraded by some mechanism to less toxic items 4* PCB's are mechanically and physically tied up in soil! sediment and other particulate matter. i 5. The species adjust to their environment itnd to some extent select their environment. , i 6. PCB's are inert and not readily soluble in water. \ 7. PCB's are heavier than water and settle to the bottom. i 8. PCB's are not that toxic compared to. other things. .... I 9. Survival of species', are to a considerable extent dependent upon survival of the fittest. Evidence to Support the Possible Theories ana Evidence Useful in Our Testimony t, A. PCB's Are Tied Up In Soil/Sedlment Particulate Matter The "Environment Reporter" , dated August 24, 1973, pages 700-703 speaks to the National Academy of Sciences' draft of "Water Quality Criteria - 1972" and quotes certain paragraphs of the NAS document as follows: "NAS said it is not practical to make recommenda tions for the relatively persistent organic pollutant based on water concentration, especially when partition coefficients are unknown." "NAS said knowledge of local environmental conditions is essential prior to application of &ny water quality recommendations for marine aquatic life' and wildlife." NAS said application of recommendations to a local situation is unique because it requires an understanding >f the circu lation of water and the resultant mixing and dilution of pollutants, a knowledge of biological species and determination of the most sensitive species, and an evaluation of the transport of materials through the food web." NEV OZ518* 738439 3 "Journal Research U.S. Geol. Survey", Vol, 1, No, 5, Sept-Oct, 1973i pages 603-607, "A Study of the Distribution of PCB in the Aquatic Environment". * I Under discussion and evaluation the author stated "because of the low solubilities of PCB's in water, especially the higher chlorinated ones, the bulk of- PCB residues in streams are associated with suspended-sediment and bottom material/ therefore, PCB may be expected to vary directly Iwith the suspended-sediment concentration in the cross section of the 'stream." "Environmental Science and Technology", bol. 8, No. 2, February 1974, pages 139-141, "Aqueous Solubility, Adsorption*, and Vapor Behavior of Polychlorinated Biphenyl Aroclor 1254". In general, once PCB is introduced in the environ ment, the isomers will be transported in air, soil,, water and biota. The concentration in each phase will highly depend upon the partition- . j "coefficient-- "The concentration of PCB in water will be reduced whenever the water comes in contact with a solid surface or particular matter. The reduction in the concentration o:: PCB in water will.depend upon the surface characteristics-- "A sand surface with few sites adsorbs relatively little,, whereas a soil surface with high clay and organic content adsorbs a muoh larged amount," "Science", Vol. 180, Hay 11, 1973, pages 643-644, , "Polychlorobiphenyls in North Atlantic Oblean Hater". "Concentrations' of PCB's have been treasured at the surface and various depths in the wa<;er of the North Atlantic ocean between 26N and 3"N. The concentrations average about 20 partu per trillion and amount to an estimated 2 x 104 mutrio tons of PCB's in the upper 200 meters of water. The average concentrations of PCB's in tine surface water of the Sargasso Sea are lower.ihan those in the northern North Atlantic--- ." "Nb relationship between PCB concentration and proximity to land was observed". NV 0251B5 738440 4 "pesticide Chemical News", New Mexico State University, Vol. 72-1, January 6, 1972, "The Truth About the California Brown Pelicans". Evidence is sighted that the embarrassing occurrence of 30,000 to 40,000 unexplainable "endangered brown pelicans" now threatens to expose th entire anti-DDT scheme as an incredibly indefensible|plot." "When will the public and press become aware of the untruthful nature of the environmentalists* propaganda?" ; ' "Environmental Science ft Technology", Vo! 4, Number 10, October 1970, "PCB'p - Prevalent and. Per:latent" "What is the fate of PCB's in natural waters? More needs to be known of their partition co efficients between bottom sediments and water. This is vital if we are to estimate liow long it will take for a river bed to clean itself of contamination. It will also be useful when assessing the effects of PCB's on marine life that feed on the bottoms of lakes, rivers, and estuaries. We should also learn more about PCB sjolubility in water, of various ionic strengths." NEV QZ516 738441 r -5 - I I EVIDENCE, Cont. B. Break-down of FCBs PCBs break-down In the environment through biodegradation, photolysis, by chemical means, and in a species via metabo lism. In addition, chemical methods have been announced to break down of PCBs. Chemical & Engineering News, April 17, 1972 "There are about 20 types of common bacteria capable of degrading DDT in anaerobic sediments. In his tests at least 25% of the DDT was degraded within twi weeks and more than half was degraded, within two months." ---- "He notes that the large decrease which was contrary to theoretical models coincides with recent restrictions oA the use of DDT. Information Bulletin, British Industrial Biological Research Association, Volume II. Ho. 1 - September 1972 "IF ALL THE SEA WERE PCB..." "A rnoBt important result Of this work, however, was the finding of PCBs with a relatively low degree o f 'chlorination are fairly repaldly metabolized and are not as persistent as the more highly chlorinated compounds." Science Hews. Volume 101, May 20, 197g - Pg. 330 "Safe PCB's possible?" "Reporting at the American Society for Microbiology annual meeting in Philadelphia, Ahmed stated that, he and D.D. Focht determined that pure cultures of bacteria isolated from sewage are capable of breaking down unsubstituted biphenyl and monochlorobiphenyl molecules by attacking at a particular site of the molecule." Bulletin of Environmental Contamination Volume 10, No. 6; Pg. 372-377. (1973) & Toxicology 1 "PhotodecomposltIon of Chlorinated Biphenyls! and Dlbengofurane" "The photodecomposition of th lower chlorinated PCB isomers in both polar and nonpolar solvents revealB the operation of environmental mechanisms which could effectiyely degrade these widespread c o n t a m i n a n t s -- -- "Indeed, the notable absence of the lower chlorinated biphenyls from most Ienvironmental samples (PANEL 1972) is suggestive of an Important role of photo- decomposition In the environmental fate of PCB*a. the inter pretation of their source and movement, and prediction of toxic effects on aquatic life." T I 738442 NEV 025187 -6 - Bulletin of Environmental Contamination k Toxicology, Volume 9. Mo. - Pg. 20*1-211. (1973) I ________ "Varying Persistence of Polychlorinated Blpnenyls In Six California Soils under Laboratory Conditions11 flThe greatest change in Aroclor 1254 composition In the Boil was with Leveen loamy sand* After onelyear the characteristic Aroclor 1254 elution pattern) was no longer readily recognisable. Although about 75# of peak 7 re mained, almost all of the material comprising the first three peaks was gone, and losses of material from the next three peaks were evident." -- -- "Thus, the material remaining in our Laveen loamy sand after one year consisted of mainly penta- and hexachloroblphenyl isomers." Bulletin of Environmental Contamination k Toxicology, Volume 10. Wo. 2 - 1973 - Pg. 70*72._______ ___________ "We had reported previously that certain moio and dlchlorlnated biphenyls were degraded readily by a species of Achromobacter PCB Isolated from Bewage effluent." (Reference, Ahmed, M. j Focht, D.D., Can. J. Microbiol (In Press). In the study of biodegradation of other isomeri of PCBs with 2 to 5 chlorine atoms, the authors report "inasmuch as the bacterium was unable to dehalogenate any of jthe chlorinated biphenyls, as noted by the absence of chloride In all supernatants, it appears likely that increasing chlorine substitution renders the biphenyl molecule more, resistant to microbial attack as the manometrlc results further indicate." Journal of Chromatography 75 (1973) Pg 219-226 "Elimination Pattern of Aroclor 1254 Components in the Bobwhlte" "Significant alteration of certain polychlorinated biphenyl Isomers appeared to take place. Dechlorination was clearly apparent, and iBomeric tr&nsfoz^sation is suggested." U.B; Patent 3 i779866 NEV 02518a "Microbial Degradation of Polychlorinated Biphenyls" "Claim 1" "A process for the microbial degradation of polychlorinated biphenyls which comprises treating said polychlorinated biphenyls with at least one microorganism selected frojm the group consist ing of nonpathogenlc, cell-mass producing, hydrocarbon-utilising strains of Cladosporlum cldosporlodes, Candida llpolytica, Nocardia globerula. Nocardla rubra and Saccharomyces cerevlslae for sufficient time until the polychlorinate biphenyls have been substantially degraded.i 73B443 -7 - Monsanto Interoffice memo - ES" Tucker to W.:i Duffey - 9/11/73 "We do have a limited amount of tissue data! that does dramati cally demonstrate that Aroclor 1016 Is not as blo&ccumulative as Aroclor 12^2." i;We Also have considerable biodegradation and soil entrapment data which should be published and made part of our testimony. The Japan Economic Journal 9/5/72 "Irradiation Process is Invented to Make PC3 into Harmless Elements" . I~ A method was announced by the Isotope Center, Bureau of Economic Affairs of the Tokyo Metropolitan Government for breaking down polychlorinated biphenyl into{harmless elements by irradiation* The irradiation was with gtCmma rays of cobalt 60*. Japan Chemical Week - November 9 1972 "PCB May Qet Harmless" "The scientist. Assoc. Professor M. Eto of Kyushu University's Agricultural Faculty says he has successfully removed chlorine 100 per cent from PCB after applying high-intensity mercurylamp light for 10 hours to PCB."---- "Eto a3[6o said another experiment to dechlorlnate PCB by exposing ijt to sunlight had been conducted by his students. The experiment the first of the kind in Japan, has been 12.9 to 16 per cent successful depending on different solvents used."- NEV 025169 73B444 Are PCBs found in the Environment from DDT,! DDE, & 4,4'dlehlorobenzophenone? Also, do some PCBs Contain tetrachlorodibenzofurans which are more toxic? I Presentation at the 165th National Meeting, American Chemical Society; Dallas, TexaB - April 10,1973 "Vapor phase photodecomposition of p*p' DDT" vapor "When DDT/is exposed to sunlight it will be rapidly con verted to. DDE which will accumulate because Its rate of photodecompoBltion is much lower* --..'`The major photo products of DDE, 4,41-dichlorobenzophenone ind DDMU, are fonned in high enough yields that they could be detected in air samples containing DDE* Since dichlbrobiphenyl is formed from dichlorobenzophenone and is resistant to further breakdown* it would be expected to accumulate, but the probability of detecting it in air samples containing DDE is remote* However, its gradual formation in air combined with its detection in such places as oil slicks or suspended organic matter* The trichlorobiphenyl and tetrachlorobiphenyl were formed 'in much lower yield than the dlchloroblphenyl, but again their resistance to further degradation may result in their accumulation and detection in organic matter.-- "On the other hand, if the DDE remains airbbme long enough, substantial amounts of it could be converted-to the di- triand tetrachlorobiphenyls, which being resistant to further degradation, would mean that one environmental contaminant has been replaced by another*" Science* Volume 180 - Pg* 575 (1973) "DDT vapor can be converted to PCBs by irradiation with ultraviolet light of the same wavelengths present in sunlight in the lower atmosphere*" (This is a report of the work of Crosby of the University of California at Davis before the 165th National meeting of the American Chemical Society*) Chemical Is Engineering News, April 17* 1973X Pg* 27 "At the time he tested European products, Dr* Vos did not find the substance in the Monsanto product (A'roclor 12EUJ he tested* In fact, even to date tetrachlorodlbenzofurans have not been identified conclusively in Monsanto's PCB'sl' -- -- "A contaminant has already been identified as tetrachloroparadlbenzofuran in two European PCB'si.-a French prod uct and a West German product- by Dr* Vos arid coworkers at the Institute of Veterinary Pathology, Utrecht, the Netherlands. NEV 025190 738445 -9 - D. Background Levels of PCB*s One of the most difficult points of monitoring the EPA standards will be the background levels of PCB's which exist. Following are some references which substantiate thiss Report by Drs. Nisbet and Sarofim of the OST panel studying PCB's -- approximately January 10, 1972. "Rates and Routes of Transport of PCBs Environment"________________________ ` the "According to the estimates made in this paper, the PCBs released into the North American env ironment in the past are now concentrated in three maj or compart* ments in the environment: (a) Burled in landfill dumps (roughly 3 x 1C)5 tons, without allowing for degradation); *t (b) Attached to sediments in rivers and the Qreat lakes (roughly 2 x 10^ tons); (c) Attached to sediments on the continental shelf (roughly___ 10* tons).. A further substantial quantity (of the or!er of* 2 x Hr* tons) has been widely distributed over the land and sea by aerial fallout and by dis^osai from ships. All the numerical estimates are ekpacted to be valid." The following aspects of environmental transport of PCBs should have high priority for future research: "Properties and Rates: Data are needed on the solubi lities and vapor pressures of individual isomers; on the partition coefficients between water and sediments, water and fats; on the rate of photochemical decomposi tion and aerobic and anaerobic biodegradation; diffusion coefficients in sediment. 11 NEV 025191 I 738446 I * -1 0 - Quarterly Research Report - March 31* 1973 National Water Quality Laboratory Duluth, Minnesota U.S. Environmental Protection Agency National Water Quality Laboratory Grant R800675 - Chlorination and Ozonation Products of Municipal Sewage _________ __________ _ _ _ _ _ "Biphenyl, phenols, 2-4-D, and terpenea verre all chlorinated to some extent when subjected to the conditions of aqueouB disinfection using chlorination. The toxic ijty of all the mixtures increased Kith chlorine incorporation, in some oases as much as twenty-fold.11-- -- "These data show! that superchlorination of acidic wastes which contain.jaromatic com pounds will produce significant concentrations of toxic poly chlorinated compounds. Archives of Environmental Contamination and. Toxicology Volume ly No. lj 1973 ______________ ' ______ "Polychlorinated Biphenyls in Solid Waste and Solid - Waste Related M a t e r i a l s ___________ Municipal refuse along with various solid-waste processing samples indicated that PCBs were present in several of the sample analyses. "TheBe results are consistant .with find ings, by other Investigators, that there is lPCB contamination in many parts of the environment and they indicate that the disposal of solid waste contributes to this contamination." \ NEV 025192 738447 l Bfo q -1 1 - E. Toxicity Others In Monsanto have reported on this to:xicity section as well as the biogradation effects and 1 1 erature refer- ences on this subject are In need here* F, Economic Impact and U*B. Government Trade Bilance In Monsanto's letter of January 18*197*1 to the Hearing Clerk. we objected to the lack of a published statement containing a full and complete assessment of the economic impact of the effluent standards. The EPA did write an impact statement and a!.1 that is stated on FCBs is as follows: "The discharge of PCB's from the one PCB manufacturing location In the United States has been stopped* Dis charges from electrical equipment manufacturers a re . suspected to be small and readily controllable* Utili ties are considered to experience only non-point source discharges* In summary, the economic impact is expected to be minor." Obviously, the EPA has not ilstened to any 6f the written statements.by our customers :(specifically ojE.). *' Business Week* January 23* 1971 - Pg* 72 "Trade Collides with Ecology" "If major trading nations get too far out 01* step in regula tions that affect the design of products ana equipment, the result couid be to fragment world markets."!-- -- "Environmental controls affect international investment patterns, by making it costlier to build and operate plants in ne country than in another. "-- -- "American companies fear that other govern mente will pick up more of the cost of cleaning up industrial pollution, thus putting U.S. concerns at a competitive dis advantage.. "-- "One answer to such problems is for industrial nations to coordinate their policies on protecting the environ ment in order to avoid distortions cf world narkets", said Henry Fowler, former U.S. Treasury Secretary in the New York investment firm of Goldman, "The OECD recently, set up a committee on environment in Paris* NEV 025193 738448 -1 2 - \ Meanwhile, the United Nation's Economic Commission for Europe has scheduled a conference to lay th^ groundwork for coordinating environmental policies of member gov ernments. i Environmental Health Perspectives - October 1972 - Pg. 81-102 "Use and Replaceablllty of Polychlorinated diphenyls" This Is a comprehensive survey of the many i|Be8 of biphenyls and it also publicizes the Monsanto production figures which were announced in late 1971* This paper may be useful as a reference paper as an 'ex-Monsanto source. The Monsanto News Release(1971) on PCB Prodi ction Figures We should add up Monsanto production for the last 20 years and estimated world production for the last 20 years and then show the business that we went out of and the rest that remains in sealed capacitors and transformis. The stagger ing amount of material, which has come out in the past in open systems Is a mind boggling fact and raises the question 'Why hasn't there been more impact of PCBs an the environ ment and various species than there has been?' Decision of OECD Council - Paris - February gQ> 1973 "Council Decision of the Council on Protection of the Environment by Control of Polychlorinated Biphenyls11 The OECD has agreed on policies and procedures for continuing PCBs which are acceptable and approved adequate for the rest of the world. Monsanto is active in partiel; ating in this, both in the UK and In the USA. The question is what affect would very tight EPA standards have on the U S. economic and trade position versus the ROW which are operating under the OECD guidelines? Arthur D, Little Report - American Paper Institute - July 1972 rrvm o "The Potential Economic Impact on the Combination Board Industry of Compliance with Proposed PCB Tolerance" This report drew specific conclusions on (1) Analytical Considerations and (2) Cost Considerations. NEV 025194 738449 They also came to an overall conclusion than compliance with the proposed regulation would result in a total addi tional cost of $12.60 per ton and a net res:Ldual cost of $8.61 per ton They further believe that this added cost would cause mills to close within the next two years and result in a loss of 800-1600 jobs A law suit resulted and the government recently came to a settlement with the American Paper Institute and the Box Board Association on which they should control and monitor the background level of PCB in recycled paper. Thus, we seem to have ..arrived at a government and local interpreta tion on background levels.for PCBs and it also clearly establishes the fact that there can be. a severe economic impact due to PCB regulations in spite of their later state ment on the economic impact of the EPA standards Conclusions: In my opinion, there is enough evidence site d that there ar many things going on In the ecological syste m which we do not know and which preclude the setting of as ti ght a standard as the EPA is now promoting We at Monsanto believe, that PCBs should be contained in closed systems and we endorse the clean up program -- but, there certainly .is a real and economic limit to which we can go and, in my opinion, we have:already stated what these limits are. NEV 025X95 738450