Document 7O55KZjzkqzMyXG96K3a7472E

Vista Chemical Compony 900 Threodneedle Houston, Texas 77079-2990 {713) 588-3000 P.O. Box 19029 Houston, Texas 77224-9029 Fax (713) 588-3236 '/ April 11, 1991 Hr. Michael G. McGuire KMC0 Inc. 16503 Ramsey Road Crosby, Texas 77532 Dear Michael: As discussed, during our audit on Tuesday, I have enclosed information on Section 8(c) and 8(e), of the USEPA Toxic Substances Control Act regulations. In brief, your employees must be notified of their rights to report health allegations as defined in Section 8(c) and reporting obligations for KMC0 under Section 8(e). Ue do this by training and posting. I've enclosed a copy of the poster we use on plant bulletin boards. Please call me at 588-3445 if you have questions on the enclosed information. Sincerely, Thomas G. Grumbles, C.I.H. Manager Environmental Affairs dlj Attachment VVV 000006248 TOXIC SUBSTANCES CONTROL ACT (TSCA) RECORDING AND REPORTING REQUIREMENTS UNDER SECTIONS 8(c) AND 8 (e) Responsibilities for You and VISTA TSCA requires Vista Chemical to follow certain record keeping and reporting procedures if adverse effects arise from the manufacture, processing or distribution of our products. If significant adverse reactions to human health or to the environment are suspected, Vista Chemical must keep records of the allegations. If substantial risk of injury to health or the environment results from our operations, Vista Chemical must report the situation to the Environmental Protection Agency (EPA). Vista Chemical intends to comply fully with the provisions of this law and its regulations...and wants all employees to assist. What Should You Report? Significant adverse reactions from exposure to chemical substances which substantially impair your normal activities or cause long-lasting damage to your health or to the environment should be brought to the attention of your supervisor. Any information which leads to a belief that a substance poses a substantial risk to health or the environment should also be brought to the attention of your supervisor. Conclusive proof of adverse reactions or substantial risk is not necessary. What Not to Report Information need not be reported if we are sure that EPA already has it. Information in published EPA reports, scientific literature, or in technical and trade journals should not be reported. Some information submitted to EPA or other federal agencies as part of mandatory reporting requirements of other laws (e.g., oil spills) may also be excluded from the notification requirements. How You Initiate a Report Supervisors have a supply of the forms which you must use for reporting any information. Ask your supervisor for assistance if you need help in completing the form. How Vista Chemical Meets the Law's Requirement All Vista Chemical departments have established procedures which enable employees to provide written reports of significant adverse reaction or of substantial risk to health or the environment. Qualified professionals within the company will evaluate the submission. If the information is determined to be recordable or reportable to EPA, Vista Chemical will take appropriate actions. You will receive a written reply on how your submittal was handled. VVV 00000624^9 September 1986 About the 8(c) Rule FI 'A has issued ,i regulation lli.il will. Im ||i>- first 1 m-i*. require Hu* chemical industry 1o k<'r*p p-cords I <ll< -q* I "sn jmficunl adverse mad ions" to rh< mical :11i iti -r. and mixtures. This is Fieinq done unde r In- uiIIk rity of fjeclion fl(c) ol 1 lie Toxic Substances ('cntrol Art (TSCA). 1l,o Rule requires the chemical industry to keep tln*sc allegations on retx>rd lor thirty (30) years in the rase ol omployoe health, and lor live (5) year:; in all * 'I her eases. FPA can insjjed such records and n'quin? that f|,e industry rej>orl Jhp inlormalion contained in so. |, records to the Agency What Is an Allegation? A worker on a new chemical process line tells his supervisor llial he is experiencing sftolls ol hand tremors and blam'd vision while ori the |ol> He thinks the problr*m is caused by the vapors ho breathes m white refilling a mixing lank. His sup rvisnr asks him to lilt out and siqn a hnel lorm describing his prob le,n The worker does so This is an 8(c) allegation. Rih My. an allegation is a statement ol an individual s ln-hel Mini a chemical subsl.mce, mixture, etc., has eaiisfd harm to firm, another prson, or to the environ in. 'lit. Rut Fie is not require! to provide prool or evidence ol the adverse reaction. [he IS(.'A Section 3(c) rule defines an alleqation as a ' laleinenl rn,,de without Formal pnxil or ( |.tr<I lor evidence, Dial a < hemical substance or mixture e<,iised ,, siLfnifii %nnt ,ic/verse reoc/jon to human health -r the environment " Who Can Make an Allegation? Any p'ison can make an allegation. I'lus includes anyone who has expTionced or witnessed a "significant adverse reaction to human healtFi or the environment" In addihon to individual company employees, consumers, or plant neighFxirs, allnqalions can be? submitted by one |)erson or a group on beliall ol another person or qroup. For example, a person could make an allegation on behalf of an iniured or de ceased relative, ora union representative could make an allegation on behalf ol one or more members. What Allegations Are Recordable? The T3CA Section 8(c) rule is in no way attempting to limit or dictate the kinds ol complaints or the content ol allegations that a worker or any other citizen may make. Some companies may, as a matter ol jx^licry, keep every allegation tFiey receive. But persons who submit allegations should be aware that under the 8(c) rule, industry is only required lj record allegations that meet certain criteria. With this in mind, here are some basic suggestions lor structuring an allegation. Sign Any Written Allegation Companies subject to the rule are not required to record unsigned written allegations. Companies must also deal willi oral all(H|al ions, but may do so in one ol two ways eiiFicr by transcribing the allega tion as orally presented to them. or by requesting that the ulleqer subiml il in writing Link Cause with Ettect Hi. >ill<i-iiton mu: I mill.i- ,, In! h'-tw.i-n ,i p i ln iil.it eotnplily's product, process, i r elfluenl iind il human h> nttFi er 'nvironmenhil fiert Clearly State What Caused lh? Reaction It is very importii' . tli.it Itie c< ol the n-.i< in n lx; clearly ideuhle I. This is n,- ort.ml Ix-ianse ('ompanies will lx? imq sucFi -M -.intions ty the cheniic.il or oilier ..ulislance n'pirl *<l as a cans*- ol the reaction, dut, you don't have to know the o:<acl chemical id< utiiy ol I he causative iq. -nt You can cite a cause by: Naming the specific substa c: Naming a mixture that front.an;, a sp'nlic substance (e.q., a product Jrtuid name); Naming an article dial cent..in* a sfx-cifir snbsl ,nre; Naming a eompiny process or op-ration in which substances are involved; or Identifying an diluent, emission, or oilier discharge (torn a site ot manufacturing, processing, or distribution ol a substance Fully Describe the Adverse React on Tfie nature ol tli ' adverse i.vid-on .v|oul<I I*explained. II the reaction is a health ellecl, it wool. I be; helplul to explain how you diseoven\l it and hew you leel you wereexfxwed. II the adverse n'aelion is an environmental died, identity as b-'st you can the allei letl plants, animals, or Ihe conlarunah-d purl ol the environment as well as the kind ol reaction you obs. 'i vi 11 Significant Adverse Reactions Finally, the industry is only required i. > . . <i. f ";a<|iiill. .ini adverse reactions." vvv 000006250 x c>79000Q0 As-n quilt'd by the law, EfV. dehncd "signih i .tnl ad vers* ' H ihlions io human Iteallh Ot I he i 'IWUOII in. ni, ,is follows: Significant tit 'verse reactions cm? mat I ions lli.il in<iy indicate substantial irnjiairment ol normal aclivilies or long-lasting or ii reversible damage lo health or the environment. Examples ol significant adverse reactions to human health include: I.ong lasting or irreversible damage, such as cancer or birth delects. Partial or complete impairment ol bodily junctions, such as blood, reproductive, or neurological disorders. An impairment ol normal activities, which is expert*1TM rod by all or mosl ol llie poi-sons excised at one lirne. An impairment ol normal activities, which is experienced each lime an individual is exposed Examples ol significant adverse reactions lo Ihe environment include: * Gradual o.- suduervchanges in Ihe com position of animal or plant life in an area. * An abnormal number ol deaths ol organisms (eg , fish kills). * A reduction ol the reproductive success or vigor of a species. * A reduction in agricultural productivity, whether crops or livestock- * Alterations in the behavior or distribution < ol a sjjecies. <L * l ong lusting or irreversible contamination ol. v.ni|oneikt:i ot t|* physical environment mu 11 .in .111 mndwaier or soil The Toxic Substances Control Act (TSCA) was signed into Irfw in Oi loiter 1976. The purftoso ol ISCA is lo ensure that chemical substances and mixtures are nqulated in a manner that ensures that they do not present an unn*asonab!e risk ol injury lo health or the environment. This brochure provides a summary ol Ihe major provisions ol EPAs TSCA Section 8(c) final rule. 40 CFR 717, which was published in its entirely in Ihe August 22, 1983 Federal Register, Volume 48, Page 38178, and became ellective on November 21, 1983. It was the intent ol Congress when it |>assed the Toxic Substances Control Act (TSCA) that Ihe public be made aware ol potential hazards lo human health and the environment, and oi the action to take it exposure takes place. This brochure has been developed to help inlorm you aboul this new TSCA 8(c) rule. U you have questions beyond those covered here, please contact the TSCA Assistance Office: Long Distance: (800) 424 9UG5 Washington, DC: (202) 554 1404 Answers to Your Questions About the TSCA Section 8(c) Rule A w OH ice of Ibxic Subsidis es Environmental Protection Agency