Document RpDyo6ye2dk6XBDzBQXG9E8ev

GKACE 03G-1GDOO TO: Mass State Regulations File FROM: S. Venuti cc: R. C. Ericson R. J. Marion M. Staler ft. C. Walsh .1111 0. L. Wightman OATE: June 29, 1984 SUBJECT: Mass ftiqht-To-Know Regulations Mass State Regs. The Massachusetts Right-To-Know Regulations, as finalized the week of 6/24/84, will directly impact vermiculite labels and Material Safety Data Sheets. Deadline for compliance is 9/26/84. - The original proposed regulations raised two major concerns: 1) the Regulations would have required listing all ingredients by name on product labels, and by name and percentage on Material Safety Data Sheets, and 2) the Regulations would have designated all known or suspect carcinogens present in 1 ppm, as extraordinarily hazardous substances. The final 'Regulations require labels and Material Safety Data Sheets to identify chemicals which are included on the Massachusetts Hazardous Substance List only, Nonhazardous Ingredients do not have to be listed. The final Regulations still consider carcinogens present in 1 ppm to be extraordinarily hazardous substances. These have been specifically identified on the Hazardous Substance List with a *C* notation. Labelling and NSOS requirements are exempt if the hazardous substance is 1) intentionally added at <1X, 2) present as an impurity at < 22, and 3) present at <1 ppm if it Is an "extraordinarily* hazardous substance. This will require that all vermicul i te-containing products (straight, vcrmiculite, Monofcote, Metro-Mix, etc...) list tremolite on the labels. It is not necessary to identify any hazards associated with tremolite on the label. It possible to include qualifying statements about potential exposure and amounts present. I would recommend using the following statement: "contains less than 0.00SX tremolite fiber. Refer to the Material Safety Oata Sheet for additional information." Reference to tremolite is also required on all Material Safety Data Sheets for these products. The supplemental information section on MSOS IZ-801 appears to satisfy this requirement for the mostf*'j>art:f` A vi" revision to include the CAS Number for tremolite is necessary however. 1503740* , Mass Riqht-To-Know Regulations / - 6/29/84 - Page i It is an OSHA requirement to provide an MSOS to all employees. Since reference to tremolite is already included on the vermiculite MSOS, and expected to be added to the MSOS's for mixed products, including the same reference on the labels does not tell the users any more than they would be told otherwise. Attached is a breakdown of all existing Aight-To-Know Laws (State and Federal) indicating supplier labelling requirements for carcinogens. A decision is needed as soon as possible to label for Massachusetts only or for all states. It appears that labels and MSOS's designed to satisfy both OSHA and Massachusetts would satisfy all current Right-To-Know Laws. _ SV:dn Attachment S. Venuti Footnote: When the original proposed regulations were Issued, A.I.(^suggested that they would be challenged in court if significant changes were not made. Apparently, A.I.M. is happy with the final regulations. At a seminar - 6/21/14, w. McCarthy, Vice-President and General Counsel for A.I.M. commented that the 1 ppm level for carcinogens is "very low but probably appropriate." . I also spoke with R. Mastrangele, Associate Counsel for voiced the opinion that the 1 ppm level designated for carcinogens based on a sound foundation and consistent with the authority granted the commissioner of .public health under the Act. He further indicated that A.I.M. had no interest in challenging this point in court. 1503741*0, State SIGHT .TO- know carcinogen labelling by supplier Concentrat i;n Requiring MSOS or Late! Reference Limit Not U Intentional - MSOS Laoel Soecified 2? Unintentional 0.1. 1 ; California Connecticut Florida Illinois Iowa Maine Maryland Massachusetts Minnesota New Hampshire New Jersey New York Rhode Island West Virginia Wisconsin OSHA X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 15 X X X TOTALS li 9 6 4 S1 1503741;