Document e58y3GpBodBB3z4ma0em8Ra34

BAKER HOSTETLER COUNSELLORS AT LAW Washington Square. Suite 1100 1050 Connecticut Avenue, NW. Washington, D.C. 20036 (202) 861-1500 Fax (202) 861-1783 Telex 23572m Writer's Direct Dial Numbto (202) 861-1668 September 11, 1991 TO: Members of the SDA Glycol Ethers Task Force FROM: John M. Taladay RE: Status of EPA Review of Glycol Ethers Under EPCRA 313 As you know, The Soap and Detergent Association ("SDA") has been working closely with the EPA in an effort to convince the agency to redefine the "Glycol Ethers" definition under 313 of the Emergency Planning and Community Right-to-know Act ("EPCRA"). In February, SDA submitted extensive data on three particular "glycol ethers," pursuant to EPA's reconsideration of the category. EPA established a target of six months for review of the definition and we had expected a proposed rule to be issued in mid-August. Unfortunately, EPCRA staff was interrupted in mid-review and was forced to turn their attention to another matter during the summer. Apparently, Congressman Henry Waxman (D-California) proposed that EPA expand the EPCRA 313 list by over 250 substances under the heading "the Right to Know More." Congressional hearings were held at which EPA staff were call d upon to testify. Eventually, the matter was placed on the back burner but only after three months of staff time had been occupied. Following that "emergency," the review of the glycol ethers category was resumed and a proposed rule is now expected in late October or early November. The upshot of the three month delay is that a final rule is unlikely before mid-1992. This means that another year of reporting probably will be required, regardless of the results of EPA's review. Cleveland. Ohio (216) 621-0200 Columbus. Ohio (614) 228-1541 Denver, Colorado (303) 861-0600 Houston. Texas (713) 236-0020 Long Beach. Caurorma (213) 432-2827 Los Amslss Cautornla (213) 624-2400 Orlando. Florida (407) 649-4000 f VEV-323746 Members of the Glycol Ethers Task Force Septemb r 11, 1991 Page 2 We have, however, received two pieces of news that are decidedly positive. First, according to both EPCRA and Office of Air Quality Planning and Standards ("OAQPS") staff, the two departments are working closely on the glycol ethers review. Maria Doa expects that, following the review, the two departments will undertake concurrent (though not necessarily identical) redefinition of the category. since we have not formally approached OAQPS to request reconsideration, a favorable chang of the definition could eliminate the need for SDA to repeat this exercise with OAQPS. Second, I have been informed that EPA is working on a very narrowly focused definition" of the category. This implies that the formula defining "glycol ethers" will be modified, most likely to establish a carbon chain-length boundary. If this happens, the carbon boundary established should exclude the thre surfactants identified by SDA. I will continue to actively monitor the progress of the EPA review and will keep you advised of developments. When the proposed rule is issued, we encourage active member participation during the comment period to help assure an appropriately favorable resolution of this matter, in the meantime, please call me if you have either questions or news about EPA's review. Sincerely, JMT/mas cc: Mr. Richard Sedlak UEU-323767