Document 91e1G3Lkg6oLbvDqxoEZdZ5Me

MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE. N. W. WASHINGTON. D. C. 20009 (202) 483-6126 To: Ad Hoc Committee on Chemicals Regulation Air Quality Committee Food, Drug, and Cosmetic Chemicals Committee Labels and Precautionary Information Committee Occupational Health Committee Water Resources Committee Solid Wastes Committee Joint Subcommittee on Environmental Law Subject: Minutes of the April 29, 1971 Meeting of the ..Ad Hoc Subcommittee on Chemicals Regulation Gentlemen: Enclosed please find the subject minutes, and note particularly section 6 - Assignments. I realize that time is short, and urge that members of the standing committees submit their comments in duplicate, one set to me and one set to Mr. Park. The addresses, telephone sumbers, and areas of expertise of members of the Ad Hoc Committee are attached to these minutes. Should you wish to discuss specific technical elements of the pending legislation with an Ad Hoc Committee member, you may wish to channel your comments to a member selected on the basis of his area of expertise. Also, please note MCA staff guidance or procedures for policy input. You are encouraged to seek the viewpoints of your management, particularly with respect to the concepts identified in section 4 - Policy Approach, of the subject minutes. Sincerely, KDJ/cj May 3, 1971 cc: R. K. Jones C. R. Hann Kenneth D. Johnson Secretary ASX 00002711 Manufacturing Chemists Association CR1-1 MINUTES OF MEETING Ad Hoc Committee on Chemicals Regulation MCA Conference Room Washington, D. C. April 29, 1971 Attendance Members: M. V. Anthony T. W. Hanavan E. C. Ladd G. E. Lynn P. S. Park C. B. Shaffer W. L. Sutton K. D. Johnson Guest R. K. Jones Stauffer Chemical Company E. I. du Pont de Nemours < FMC Corporation The Dow Chemical Company Monsanto Company American Cyanamid Company Eastman Kodak Company MCA Staff Representative Hercules Incorporated 1. Background of Committee The Ad Hoc Committee on Chemicals Regulation was formed as the result of Board action taken at its meeting April 6, 1971, Its present members were appointed from a slate of nominees submitted by the following standing technical committees: Air Quality Food, Drug and Cosmetic Chemicals Labels and Precautionary Information Occupational Health Solid Wastes Management Water Resources Joint Subcommittee on Environmental Law The report on the formation of this Ad Hoc Committee, being submitted to the MCA Board by its Chairman, is appended to these minutes, as is a listing of the addresses, telephone numbers, and areas of special competence of the members. AS I 00002712 2, Organization of the Committee CR1-2 The initial meeting of the Committee was called to order by the Staff Representative at 9:00 A.M., and the floor opened to nominations of a chairman. Mr, Phocion Park was nominated and seconded,, and a motion to close nominations made, duly seconded, and carried. Mr. Parks was declared elected, and assumed the chair. 3 Identification of Bills under Consideration The Committee was informed that, although there were several bill numbers involved, that at this time there were only two sep arate pieces of legislation before the Committee: (1) Senator Muskie's bill S. 573, proposing to be inserted into the Clean Air Act, as amended, and into the Federal Water Pollution Control Act, as amended, sections entitled "Standards for Certain Manu factured Products", and, (2) the Administration Bill, the "Toxic Substances Control Act of 1971". This legislation has been intro duced, in identical form, as S. 1478 (by Senator Hart for Senator Magnuson) and as H.R. 5276 (by Representatives Staggers and Springer), H.R. 5390 (by Representative Ford), and H.R. 6316 (by Representatives Staggers and Springer). 4. Policy Approach The Committee agreed, as an initial approach, to analyze the legislation before it in conjunction with present laws and regulations, to determine the risks from chemicals to human health and the environment that are not now subject to statutory or or regulatory controls, and the degree and mechanisms by which the proposed legislation would close these gaps. Should this analysis identify significant need for addition al safeguards, the Committee would then attempt to develop al ternative language or regulatory concepts that would meet those needs without imposing prohibitory restrictions upon product development. Initial guidelines to be considered in the search for such improved legislative concepts are to include: (1) avoidance of federal licensure as a prerequisite to initial marketing of a product (2) avoidance of any blanket requirement for performance of a "standard" array of environmental safety tests /(3) acceptance of the manufacturer's responsibility to evaluate the safety of his new products by tests deemed appropriate by him for his product and its intended uses, and t report these results to EPA ASI 00002713 CR1-3 (4) authority for the Administrator to require additional test data when he finds such necessary to judge the safety of a product, and (5) authority for the Administrator to ban or regulate the use of any product should he find, after appropriate pro cedural steps and scientific evaluations, its anticipated uses to constitute a specific threat to human health or the safety of the environment. 5. Analysis of Pending Legislation Preliminary review of the pending bills identified a number of areas of immediate concern. Among them are: (1) the mechanism of the formation and use of scientific advisory panels in a manner to assure all parties of objec tive, competent, and careful consideration of the technical elements at issue (2) the extent and duration of the testing that the Admin istrator can require (3) the extent to which duplicate and potentially conflic ting requirements may be placed upon a single product in its various uses, and (4) procedural details in inspection, search and seizure provisions, including the inadequacy of protection of pro prietary information. 6. Assignments Each member of the Committee was requested to seek review of the bills by concerned divisions within his own company, to uncover any areas of major impact of its provisions that might not be obvious to the Committee. j Mr. Hanavan was asked to study the relationship of the 'Administration Bill provisions to those of the Acts cited in section 207 of that bill, and to report his findings at the next meeting of the Committee. Mr. Lynn was asked to distribute to the Committee copies of the bill draft developed by his company as a possible alter native to the bills already introduced into the Congress. The Secretary was asked to notify all technical committees concerned with this problem, of the status and schedule of the Committee's activities, and to solicit their comments on the ASI 00002714 CR1-4 matters under discussion. Comments received from these tech nical committees by Friday, May 7, are to be forwarded to the Chairman for his review before the next meeting of the Committee. The Committee also requested that the Executive Contacts be solicited for policy guidance as early as practicable. The Secretary described Association procedures in such matters as providing for policy review and final determination after the technical advisory committees had developed a proposed policy and marshalled the justifications therefor. At earlier stages, policy viewpoints of individual company members should be communicated to the Ad Hoc Committee through the member ships of the Committee or of the standing technical committees involved. 7. Schedules Mr. W. Stover, of MCA Government Relations staff, report ed to the Committee that his best judgment of Congressional schedules for action on the bills was that it would be midJune at the earliest before hearings are held in the Senate, and that House action was likely to be somewhat later. He did express the caveat that, should some episode occur that might have been prevented by the provisions of this legis lation, Congressional priorities could shift rapidly, and that the Committee should proceed with all due speed in the development of its position. The next meeting of the Committee was scheduled for Wednesday, May 12, in the MCA Conference Room, starting at 9:00 A.M. Respectfully submitted. Minutes subject to approval KDJ/cj May 3, 1971 ASI 00002715 Manufacturing Chemists Association AD HOC COMMITTEE ON CHEMICALS REGULATION Membership Myron V. Anthony (AQC) Environmental Protection Stauffer Chemical Company 1612 K Street, N.W. Washington, D. C. 20006 (202) 347-7627 Taylor W. Hanavan (FDCCC) Attorney E. I. du Pont de Nemours & Co. 1007 Market Street Wilmington, Delaware 19898 (302) 774-6443 Ernest C. Ladd (WRC) Aquatic Biology FMC Corporation American Viscose Division P. 0. Box 455 Marcus Hook, Pennsylvania (215) HU 5-1821 x 274 19061 George E. Lynn Pesticide Registration The Dow Chemical Company Agriculture Dept., 9008 Bldg. Midland, Michigan 48640 (517) 636-5014 Phocion S. (JSEL) Attorney Park (Chairman) Monsanto Company 800 N. Lindbergh Boulevard St. Louis, Missouri 63166 (314) OX 4-2807 (314) OX 4-1000 x 2807 C. B. Shaffer (LAPIC) Toxicology W. L. Sutton, M. D. Medicine and Toxicology American Cyanamid Company 859 Berdan Avenue Wayne, New Jersey 07470 (201) 831-1234 x 3020 Eastman Kodak Company 343 State Street Rochester, New York 14650 (716) 325-2000 x 57110 Kenneth D. Johnson Staff Representative Manufacturing Chemists Association 1825 Connecticut Avenue, N. W. Washington, D. C. 20009 (202) 483-6126 X 244 ASI 00002716 REPORT OF APPOINTMENT OF AD HOC COMMITTEE ON CHEMICALS REGULATION AND PROPOSED TERMS OF REFERENCE Up to the present time, Federal regulation of chemical products -apart from safety in transportation -- has been directed primarily to certain uses, e.g., in food, drugs, pesticides. Over recent past years, however, interest has been increasing in regulation of chemicals broadly in respect to environmental impact. That interest was reflected in President Nixon's February 8 message on the environment which included a recommendation for control of toxic substances, with an implementing legislative proposal, "Toxic Substances Control Act of 1971", subsequently introduced. The scope of this and related measures having the same objective ranges over several existing MCA committees but extends beyond their collective purview. Accordingly, in order to proceed expeditiously on a matter of evident importance to the chemical industry, the Board of Direc tors on April 6, 1971, authorized the Chairman of the Board, in consultation with the President, to appoint an ad hoc committee to develop an Association position with respect to the legislation and to recommend such other action as might be deemed necessary to protect the interests of the industry. In accordance with the foregoing authorization, the Chairman of the Board appointed an Ad Hoc Committee on Chemicals Regulation which has been requested to proceed with consideration and development of recommen dations concerning legislative and regulatory control of chemicals in refer ence to environmental protection, particularly as it may relate to the use and ultimate disposal of products as contrasted with their manufacture and transportation. The following individuals were appointed to the Ad Hoc Committee by the Chairman of the Board: Dr. Myron V. Anthony, Stauffer Chemical Company Taylor W. Hanavan, Esq. , E. I. du Pont de Nemours & Company Mr. Ernest C. Ladd, FMC Corporation Mr. George E. Lynn, The Dow Chemical Company Phocion S. Park, III, Esq. , Monsanto Company Dr. C. B. Shaffer, American Cyanamid Company W. L. Sutton, M. D., Eastman Kodak Company ASX 00002717 The Ad Hoc Committee is authorized to elect its own officers, sub ject to Board of Directors' approval, and required to function in accord with the "General Principles Applicable to the Structure and Operations of Committees. " A member of the staff has been designated as staff repre sentative and secretary. It is not intended that this Ad Hoc Committee displace the function of any existing MCA committee with regard to its specific field of interest. MCA - 5/11/71 ASI 00002718