Document 9JN20gZkgNNJD7DZ2Z9vnJaDq

TO; R. D, Gamblin Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles January 31, 1990 TSCA PROCEDURES TSShd^i XF: AjofRF We are in general compliance with the TSCA Section 8 regulations. The section referenced in the EPA letter to John discusses Section 8(e) reporting. We have procedures in place to record and review health and environmental information that may be 8(e) reportable. These procedures are reviewed periodically with the Safety Directors and Environmental Coordinators, and posters (attached) are on bulletin boards in the plants. We periodically communicate our TSCA 8(e) and 8(c) obligations to those we believe should know. This is a "moving target" with people entering and leaving jobs that may be impacted by these regulations. The last such communication was done in December and is attached. General TSCA compliance, environmental audits. including 8(e), is reviewed during The type of testing discussed in the EPA letter is not the type we do routinely. In fact, except for the alumina whisker work and maybe some of the CLER sponsored environmental fate and effects work, we haven't done testing that would have the potential to result in an 8(e) reportable result since 1984. Vista has filed one 8(e). This was regarding the EDC contamination on the fence. Much of the discussion in the letter is directed at Monsanto's recent experiences in this area. A recent Chemicalweek article on this is also attached. T. G. Grumbles dlj Attachments Wv 000ilQ07 OOOOUOGS /1' -V.i' uy MU' I,iw. ti'A (i.rs ih limti sigmli . ,int .niviTsr n-actions to human hrvillh or Ilici'nviiOT ii iii. ns follows: iii.jnitn-Mril Iverse nvictions <m> reactions Itiiil may indicate substantial impairment <>i normal activities or Jung-lastinq or irreversible damage to Itedlth or (he environment Eiuimplcs of siqnilicant adverse reactions to human hi-allh include: lx>ng lasting or irreversible damage, such as cancer or birth delects. Partial nr complete impairment ol bodily functions, such as blood, reproductive, or neurological disorders. An impairment oi normal activities, which is experienced by all or most of live persons exposed at one time. An impairment ol normal octivilies, which is (experienced each time an individual is exposed. Examples of significant adverse reactions to the < environment include: < C s Gradual or sudden changes in the com position ol animal or plant life in an area. An abnormal number ol deaths ol organisms (e.g., hslt kills). A reduction of the reproductive success or vigor of a species. A reduction in agricultural productivity. whHlier crops or livestock. Alterations in Ifie behavior or distribution of <i species. l.ong f.iHlmg ur irreversible <rocil.nnin<l>on of .orn|x>iviil:i n| the physical environment sin It .is i|iiiiuuiw.t,-r iir s* ill Tlio Tom- Subslam v* Control Aid (TSCA) was signed into law in CX iobtT 1976. The purpose ol TSCA is to ensure i)<al chemical substances and mixtures are roquloted in a manner that ensures that they (io nut present an unn-asonabie risk ot injury to ht-ullli or the environment. This brochure provides a summary of the major provisions ol EPA's TSCA Section 8(c) linal rule, 40 CFR 717. which was published in its entirety m the August 22. 1983 Federal Register, Volume 48, Paqe 38178, and became effective on November 21, 1983. It was the intent of Congress when it passed the Toxic Substances Control Act (TSCA)thal the public be mode aware ot potential hazards to human health and the environment, and of the action to take if exposure lakes place. This brochure has been developed to help inform you about this new TSCA 8(c) rule. If you have questions beyond those covered here, please contact the TSCA Assistance Office: Long Distance: (800) 424 9CA3S Washington. DC: (202) 554 1404 \ Answers to Your Questions About the TSCA Section 8(c) Rule Of(lr* of "Ibxu: Substance.-. Environmental f'ndei In-n Agi-ivy About the 8(c) Rule f'l'A li.is issue*! a nniulrition llwit will. for the lirsl 'iri' . n`imn- tlu chemical industry to k'ep ns-ords t .iIIih)., | "significant adverse nvirlions" to chemical >il'i.im ,tnd mixtures. This is being done under ili> .lniliority ol Section 0(c) o! tho Toxic Subsl.trices (Control Art (fSCA). 1 he Rule requires the chemical industry to keep those allegations on record for thirty (30) years in the <-.iso ol employee health, and for live (S) years in all other case*. EPA can inspect such records and require Ili.it (tie industry report the information contained in such records to the Agency. What Is an Allegation? A worker on a new chemical process line tells his sufvrvisor thill he is experiencing Sfiells ol hand tr> Triors and blurred vision while on the 10I1. Ho thinks tin- problem is caused by the vapors he breathes in while rr-lillmq a mixing tank. His supervisor asks him to lilt out and sign a brief form describing Ins prob loin. The worker does so This is an 8(c) alligation. Hr wily, an allegation is a statement of an individual's Ix-liol Unit a elw-miciil substance, mixlun?. etc,, lias vtusrd liarrn tu him, anotlior person, or to the environfiienl. Hut h* is not required to provide proof or evidence ol the adverse reaction. Tire TSCA S'Vtion 8(c) rule defines an allegation iis .1 "sialomoni made without formal proof or regard to; ovicloni-o. (tint a chemical substance or mixture caused a sKjnihifint rxAree raoetton to human heoltli r*r the environment." T Who Can Make an Allegation? Any person can make an allegation. This includes anyone wIk> has ox|XTK>iu.vd or witnessed a "signihcant adverse reaction to human health or the environment." In addition to Individual company employees, consumers, or plant neighbors, allegations can be submitted by one |>erson or a group on behalf of another person or group For example, a person could make an allegation on behall ol an injured or de ceased relative, or a union representative could make an allegation on behalf of one or more members. What Allegations Are Recordable? The TSCA Section 8(c) rule is in no way attempting to limit or diclate the kinds of complaints or the content ol allegations that a worker or any oilier citizen may make. Some companies may. os a matter ol policy, keep every allegation tliey receive. Bui persons who submit allegations should be aware that under the 8(c) rule, industry is only requited t{> record allegations that meet certain criteria. With tins in mind, here are some basic suggestions for structuring an allegation. Sign Any Written Allegation Companies subject to the rule are not required to record unsigned writton allegations. Companies must also deal with oral allegations, but may do so in one of two ways either by transcribing the allega tion as orally presented to them, or by requesting (fiat the olleger submit it in writing. Link Cause with Effect. I ho allegation must lli.ifc*' .1 link U'lw. eti .* pilnul.ir company's product, prer'ess, or edit rent end 11 , human h nlth or nvirorirncnt.il cllorl Clearly Stale Whal Caused the Reaction II is very unporla* . tli.il the cause ol the n .i' ii.-u be clearly idcnlihr j. Tins is uiipnrlonl because companies will be ling such ollcg.itions by the nhemiotd or other .-uPsIdnoc reported .is a cause ol the reaction, but. you don't have to know Ilk.' exact chemical idr nlity <>! the causative aqent. You can cite a cause by: Namir.q Die specific substance; Naming a mixture that contains a sjwthc substance (*\g., a product brand name); Naming an article that contains a s^xx'ihc Kubsl .nee; Naming a company process or operation iri winch substances are involved; or Identifying an diluent emission, or oilier thscliarge from a site ol manufacturing, processing, or distribution ol a substance. Fully Describe th Advene Reaction The nature ol fie* adverse reaction should Ire explain. H || the reaction is a health ellm-t, it w.miI. I be helpful to explain how you discovers! it and h. iw you feel you were exposed. If the adverse i-imcIioh is an environmental died, identify as best you can lire alfccled plants, animals, or theconlamiibil.'d p>rl ul the environment as well as the kind ol re.ielion you observed. Significant Adverse Reactions Finally, lire industry is only regmed li. "sigmlii 'mil adversa' n-.vlions." , a. t vv OOOOH009 TOfeJpfc ERT: M#fc Distribution: vc- ------------------ B. Larsen, R. Swantkowski, C. Matson, J. A. Hall Austin M. F. Cox, B. E. Leach, D. T. Plummer, H. J. Hall, R, B. Quy, R. D. Jackson, S. H. Hookanson, K. G. Mieure, J. T. Fenton, S. L. Baxter, J. E. Yates, E. L. Sones, K. B. Youngblood, A. M. Nielsen, R. B. Martin, D. L. Wharry, 0. C. Kerfoot, S. E. McGuire, R. L. Poe, J, R. Roheim Surfactants Marketing M. J. Fortier, G. A. Marchand, R. T. Means, R. G, Rose, J. Pearce, A. M. Smith, R. R. Cooley, J. J. Layer, J. E. Biggart, Gillette, M. A. Clark, J. T. Telford L. T. Industrials Marketing G. D. Smith, J. C. Pierson, J. L. Nigro, L. A. Baldwin-Price, P. S. Douvry, J. P. McGrail Polymers Marketing N. J. Forsa, N. S. Vafiadis, M. C. Manion, T. E. Grula, E. T. , Stouder, P. J. Haugen, M. A. Eramo, R. J. Schettek, M. H. Washington, J. C. Levardsen, S. G. Blomquist, A. Chepolis, J. T. Telford Market Development P. D. J. Hubbard, B. H. Borsuk, J. L. Hackett, C. A. Cruz cc: W. L. McClain vvv 000011010