Document LpOnoLOKQ8g3a3kDoOrNwzxDX

NOTIFICATION OF EMPLOYEES RE TRANSMITTAL OF SUBSTANTIAL RISK INFORMATION S E C T I O N 8(e) TOXIC SUBSTANCES CONTROL ACT S E C T I O N 8(e) N O T I C E TO A D M I N I S T R A T O R OF S U B S T A N T I A L RISKS "Any person who manufactures, processes, or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such a substance or mixture presents a substantial risk of injury to health or the environment shall immediately inform the Administrator of such information unless such person has actual knowledge that the Administrator has been adequately informed of such information." INTERNAL PROCEDURES FOR T?A\3:-TTAi OF SUBSTANTIAL RISK INFORMATION TO THE DIRECTOR OF DMEH MONSANTO COMPANY The Toxic Substances Control Act obligates the Ccnpany to report immediately to the U. S. Environmental Protection Agency any inforrration it obtains which reason ably supports the conclusion that a chemical substance or mixture manufactured, processed or distributed in coirnerce by the Canpany presents a substantial risk of injury to health or the environment. (Information need not be reported if it is known that the U. S. EPA already has it.) In order to fulfill this obligation, it is necessary to establish a ccmrrunications network within the operating companies and other specified organizational units to facilitate the transmission of pertinent information. Each specified organizational unit shall have a designated individual to whom such information should be ccmnunicated. They are as follows: C. F- Callis W. D. Carpenter R. K. Flitcraft P. H. Hobson D. E. Morris J. B. Duncan W. B. Papageorge R. H. Schlattman A. W. Andrews P. 0. DeGarmo MIC MAP MRC MIC Oorp. Research Labs K3> MCI MPR CED DMEH The procedure described below shall be followed in order to provide for a rapid and orderly flow of such information. Anyone obtaining information of the type described above should immediately submit such information to his supervisor. The supervisor shall immediately relay the information to the location or department manager, whichever is applicable, who in turn transmits it to the proper designated individual in his organizational unit. The information is then transmitted directly to the Director of the Department of Medicine and Environmental Health. It is imperative that the flew of infometion through this transmittal chain be rapid. In the event of non-availability of a menber of the ccorrunication 's network at the time information is first obtained, such member should be by-passed in the interest of speed. All individuals involved in submission of substantial risk inforrration to the Director of DMEH should keep a record of date of receipt and pertinent identifying details. With respect to all information received by the Director of DMEH under Section 8 (e) , a Committee comprised of the Director of DMEH, Environmental Counsel and the ap propriate Operating Gcsrpany Director, Environmental Operations will determine on behalf of the Oaipany whether a reporting obligation exists and will act accordingly. Personnel through whom the information was submitted shall be informed of the decision concerning reporting and the reasons for the action taken. r* - ' I S13STA\TIAL RISK NFOR-KTION TO THE DIRECTOR OF DMEH, .MONSANTO COMPANY On Marrn 16, 1978, the EPA published in the Federal Register its "Statement of Interpre tation and Enforcement Policy" which describes the Agency's interpretation of Section 8(e' of the Toxic Substances Control Act. The Statement asserts that the reporting obligation on substantial risk information applies to individual officers and employees of a cccrpany who are capable of appreciating the significance of pertinent infcreation as well as the ccrnpany itself. However, the Statenent continues by saying that the individual reporting obligation can be fully discharged by notifying a designated carpar.y official of the perti nent information in accordance with procedures established by the Cccpany. Monsanto established such procedures shortly after passage of the Act and subsequently, in accordance with policy adopted by the Environmental Policy Ccnrrittee on November 14, 1977, reissued its internal procedural mechanisms and you have received the revised re-, porting procedure dated December 9, 1977. The EPA Statement also described certain provisions which should be part of a company *s internal procedures governing notifications. Hi order to fully carply with the EPA recom mendations , this supplement to the previous procedure is being distributed, WHAT CONSTITUTES SUBSTANTIAL RISK Section 8 (e]_ of TSCA does not define what constitutes substantial risk information. How ever, a "substantial risk of injury to health or the environment * is a risk of consider able concern because of: (a) , the seriousness of the effect; (b) . the fact or probability of its occurrence; (cl the nature and extent of exposure to the risk. These criteria need to be weighted differently for different types of effects, both human and environment. If there is any doubt as to whether -infomation should be reported, it should be submitted in accordance with cur procedures to your designated organizational unit individual for review by the ccrrmittee established for this purpose. It should be noted that information need not be reported if you have knowledge that the EPA has already been informed of it or it has been published in the scientific literature. EMPLOYEES R I O T S Monsanto's policy and its internal substantial risk reporting procedures state that em ployees who submit information through Company channels will be notified of action taken, together with the reasons for such action. If the employee disagrees with the Conpany's decision that the information need not be reported, he has the right to report such infor mation directly to the EPA and the Act provides that no esrployer nay discharge or other wise discriminate against an employee because that erplcyee assisted or participated in an action to carry out the purposes of the Act, PENALTIES Section 16 cf TSCA contains specific penalties for violation of Section 8 Cel- These are (11 a civil penalty not to exceed $25,QGQ per day, and (2)_ in the event of knowing or willful violation, criminal penalties consisting~of a fine of not more than $25,QGQ per cay or imprisonment for not more than one year, or both. If you have any questions concerning this Section 8 (eL/ you should address them to the designated individual for your organizational unit. 5/ 5/73 NOTI FICAT . r. - i .\ EMERGENCY INCIDENTS OF ENVIRONMENTA L CONTAMINATION Part V of the EPA Statement of Interpretation and Enforcement Policy covering notification of substantial risk under Section 8(e) of the Toxic Substances Control Act deals with the types of information a person obtains which the EPA believes' ''constitute substantial risk and thus should be reported. The full text of this Part V of the EPA Statement is reproduced and attached herewith, together with Part IX covering "Reporting Requirements." This communication is being issued to draw your particular attention to Subsection (c) of Part V which deals with "Emergency incidents of environmental contamination" and to the last section of Part IX which spells out how such incidents should be reported. Emphasis on review of these specific subsections is being urged because of the timing of the report to EPA with respect to information concerning an emergency incident of environmental contamination which reasonably supports the conclusion that such contamination presents a substantial risk of injury to health or the environment. EPA has established reported by itneleiptshoneenfwoirtcheimnent24 policy hours, that the followed incident should be by a written report within 15 days. Our existing internal procedures for transmitting any type of sub stantial risk information to the Director of the Department of Medicine and Environmental Health should be followed except that, in the case of emergency incidents, the following paragraph from the December 9, 1977 instructions should be invoked: "It is imperative that the flow of information through this transmittal chain be rapid. In the event of non availability of a member of the communications network at the time information is first obtained, such mem ber should be by-passed in the interest of speed". Immediately upon receipt by the Director of DMEH, of information referred to above, he will determine its reportability to EPA and act accordingly. Persons through whom the information was submitted shall be informed of the decision concerning reporting and the reasons for the action taken. When an incident is reported to the EPA, a follow-up written report will be prepared and submitted during the prescribed 15 day time-frame. 12/ 15/73