Document LVZ35B89apVdbQ6Ob90ypYYw

900 Threadneedte Houston, Texas 77079 (713) 588-3000 P.O. Box 1 9029 Houston, Texas 77224 Fax (7131 588-3236 October 4, 1989 Mike Agarier Hillyard Chemical Company 302 North 4th Street St. Joseph, Missouri 64502 T6G: XF: VIS1A Dear Mike: The following is in response ALF0NIC 1412-A Ether Sulfate. to you. to your questions regarding Vista Tanya Gillette asked that I respond Based on the manufacturing process and feedstocks used to produce this product, and analytical data available to us, this product is not known to contain Diethylene Glycol or Butyl Cellusol. However, we do not routinely analyze this product for these two chemicals. As to Proposition 65 listed chemicals, this product may contain trace quantities of 1-4 dioxane, which is generated inadvertently during the manufacturing process. Ethyl alcohol is added intentionally to the product. Ethyl alcohol in alcoholic beverages is listed also, but this listing shouldn't apply to this product. The SARA 313 status of this product is currently not clear. I have attached a recent customer communication addressing this question. Vista and the Soap and Detergent Association are still working with EPA to clarify the status of this class of products under SARA 313. Sincerely, Environmental Quality Manager dlj Attachment vVV 00001*1* r Vista Chemical Company 900 Threodneedie Houston, Texas 77079 (71 3) 580-3000 P O. Box 1 9079 Houston, Texas 77224 Fax (713) 580-3236 July 5, 1989 Mr. Plant Manager Alcolac, Ltd. 490 Dufferin Street ValleyfieId, Quebec J6S 2B4 Canada, PQ VISTA Dear This letter is to inform you of a recent regulatory interpretation we have received from the Environmental Protection Agency regarding SARA, Title III, Section 313 reporting responsibilities for certain Vista ALF0NIC Alcohol Ethoxylates and Ether Sulfates. The EPA position is summarized in the attached SDA Environmental Legislation Reporter. The letter from EPA detailing their decision is also attached. Based on recognized toxicological concern for glycol ethers and other EPA regulatory actions concerning glycol ethers Vista did not consider AE and AES to be part of the glycol ether category listed in the SARA 313 regulation. In fact, in 1988 Vista asked EPA, through a SARA 313 Hot-Line, if they were included and was told they were not. However, in early 1989, the issue was raised again. Through SDA, Vista and other industry members have been actively pursuing a clarification of this issue from EPA. Although we have not satisfactorily resolved the questions, we are continuing to work with EPA and will keep you informed on further developments. If you have questions at this time, please contact Tom Grumbles, Environmental Quality Manager for Vista, at (713) 588-3445. Thank you for your continued interest in Vista Chemical. Very truly yours, H. W. Hilgers ^ Manager of Marketing Surfactants VVV 000014191 ENVIRONMENTAL LECISLA T/ON REPORT ER-78 ALERT 1 M P 0 R T ANT idttOf: Mary P. Klkoync April 24, 1989 NQT I CE FEDERAL LEVEL SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA) Emergency Planning and Community Rtght-to-Know Act (EPCRA) Section 313 - Title III - Release Reporting Requirements GLYCOL ETHERS Annual reporting of glycol ethers is required under SARA % 313. Glyeol ethers are defined as R- (OCHjCHj) n-OR and R- (OCH.CK,) n-OH, where R is alkyl or aryl (not further specified) and n It 1,2 or 3. Tilt definition specifically excludes polymers. A telephone contact with an EPA official Indicates that ERA staff believes that alcohol ethoxylates come within this definition of glycol ethers and should be reported. The chemical industry does not use the term "glycol ether" In referring to al cohol ethoxylates and related surfactants. The uses of glycol ethers and alco hol ethoxylates (and related surfactants) are distlngulshably different. Al cohol ethoxylates art more connonly considered polymers for which reporting is not required. Moreover, alcohol ethoxylates do not have the toxicological characteristics that lead to the reporting requirements for glycol ethers. Nevertheless, reporting of the one, two and three-mole ethoxylate content of alcohol ethoxylates and related nonionic surfactants will be required under EPA staff's interpretation. The Chemical Manufacturers Association on glycol ethers will be reviewing this matter on Wednesday, April 26, 1989. SOA will report any further developments In future Environmental Legislation Reports. VVV 00014i92 THr snap awn nPTFP/spwr as^nriATinM Z is: `-ClSrcw QdW rri'SiVK-i.^iZI park avami* : ^a6Z'.' 5T--5 : mv mm* /imTM* r`- ~ ENVIRONMENTAL LEG/SLA TIOi REPORT ER-153 editor: Mary P Kiicovn June 19, 1989 TTi *.-3r ALERT IMPORTANT NOTICE FEDERAL LEVEL SUPERFUNP AMENDMENTS AND REAUTHQRIZATION ACT fSARA) Emergency Planning and Community Right-to-Know Act fEPCRA) Section 313 - Title III - Release Reporting Requirement GLYCOL ETHERS SDA's Counsel has received further advice from EPA with respect to reporting obligations for glycol ethers under EPCRA Section 313 (attached June 16, 1989 letter from Susan B. Hazen, Deputy Director, Economics and Technology Division, Office of Pesticides and Toxic Substances, U.S. Environmental Protection Agency to Alan S. Ward, SDA Counsel). SDA's efforts to clarify reporting obligations under these laws were the subject of an earlier April 24, 1989 Environmental Legislation Report. You should note that the glycol ethers formulation contained in CFR has been corrected in Ms. Hazen's letter and that it is her conclusion that there are Section 313 reporting obligations with respect to alkyl ethoxylates, alkyl phenol ethoxylates and alkyl ethoxy sulfates, the substances for which SDA had asked clarification. SDA is scheduling a meeting with Ms. Hazen and other EPA officials early in July (see the last paragraph of Ms. Hazen's letter.) If Ms. Hazen's conclusion about reporting is reaffirmed at that discussion, it is anticipated that SDA will formally request U.S. EPA for clarification that alkyl ethoxylates and related surfactants are not reportable as glycol ethers. The clarification procedure, if undertaken, would involve Federal Register notice and a period for public comment, and would be unlikely to be concluded for several months. SDA has requested EPA to determine that a failure to report with respect to these substances not be regarded as non-compliance with the Act; but has received no response from EPA to this request. SDA will report further developments in future Environmental Legislation Reports. VVY OOOOIAX93 - 3HU* - 2W r'-rt. "O'! :12) ; - 1 i RCU BV:'XEROX TELECOPIER 7010 ; 11- 7-03 2:05PM : SENT BYtBaKer & Hostetler : 6-16-89 ; 3M8PM ; 20286117S3- 202861 1 783-^ 22707:# 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. Z040 Mr. Alan S. Ward Baker and Hostetler Washington Square Suite 1100 1050 Connecticut Avenue Washington, DC 20036 JUN I 6 1389 Dear Mr. Ward: This letter is in response to your recent inquiry regarding a clarification of the glycol ether category under section 313 of the Emergency Planning and Community Right-to-Know Act of 1586 with respect to alkyl ethoxylates, alkyl phenol ethoxylates and alkyl ethoxy sulfates. There appear two be two separate issues stated in your letter. The first is to clarify the glycol ether category under section 313 to determine whether certain chemicals are subject to annual release reporting. The second requests that a modification to the category be made. The general structure for glycol ethers, as defined under section 313 is as follows: R- ( OCHjCHj ) n-OR * Where n = 1,2, or 3 R = an alkyl or aryl group R1- R, H or groups which, when removed, ethers with the following structure: yield glycol R-(OCH2CH2)n-OH Polymers are excluded from this category. The substances which you are referring to have the following general structural components with regard to the above structure: R * c# .. alkyl or alkyl phenyl; R* H, or S03H: n usually averages greater than 3. VVV 000014194 FCU EV::..EPO'f t-LE'IOF lEr ""CIO ; 11- "-03 1: C-fF'-i SENT BY^BaKer & HosteTisr : E--16"o5 * 3 ` `3FM 12707; 3 22707;<t 3 Both the R and R* grcups for ihese components satisfy the definition of glycol ethers as described under section 313. However, the degree of ethoxylation (or the value of n) is greater than three. It is widely recognized that these materials have a range associated with the degree of athoxylation such that for an average value of n, the there may be substantial quantities of chemicals where the value of n is both higher and lower than the average. For section 313 reporting purposes, these substances are considered mixtures. In any mixture, a facility should, to the best of their ability, determine if any section 3X3 chemicals are contained in that mixture and consider only the fraction of reportable chemicals in determining reporting thresholds and calculating releases. In ether words, facilities which manufacture, procure, -_r otherwise ase the ethoxy!ata mixture described above should consider the fraction of the chemicals where "n" it equal to three or less for reporting and release threshold determinations. This fraction of the mixture meets the definition of a glycol ether as described. As we have discussed, modifications to list of reportable chemicals under section 313 can only take place through. Agency rulemaking procedures. This requires proposing a rule in the Federal Register, receiving public comment, and then publishing a final rule. To date, the list of chemicals under section 313 has been modified by petitions to add or delete chemicals to the list and through an Agency initiated proposal to add chemicals to the list. We would be happy to meet with you to discuss the options for requesting a modification to the glycol ether category under section 313. As you know, Bob Israel of my staff is the section 313 Petitions Coordinator. You should contact him to pursue this matter further. Sincerely, cc: Charles Elkins Bob Israel Susan B. HazenJ Deputy Director Economics ana Technology Division VVV 000014195