Document e5E9Npw6VvbDbgevYrrp6pKXe

REI'ORtEB W7 Current Report PCB ban 530 ng stand ............. 588 oup ,5.11 ition ... 537 lions ... 541 itrlbulion ............. 527 lM( ... 530 lemption 528 chemical ............ 534 all spills, ............ 535 lam .... 531 rules . 535 x to be ............ 520 results 538 ............ 538 biSU Of MM Asbeatos IPA GRANTS EOF PETITION TO BEGIN RULEMAKING ON ASBESTOS IN SCHOOLS Environmental Protection Agency Deputy Administrator Barbara Blum July 6 signed a notice panting an En vironmental Defense Fund (EDF) request that the agency beg^ rulemaking proceedings to control the hsiard from asbestos-containing materials in school buildings. The agency had earlier denied the EDF petition (Current Report, March 23, p. 2373). EDF responded by filing suit May 18 in the U.S. District Court for the District of Colum bia, asking the court to find that EPA's denial of the petition was "arbitrary, capricious, and an abuse of discretion" (May 25, p. 263). The July 6 notice says EPA has reconsidered its decision and decided to pant the petition for two reasons: First, EPA has now completed most of the work on its voluntary propam to control asbestos hazards In schools. Now that the nonregutatory guidance program Is In opera tion. the notice says, the agency can divert resourcei to the rulemaking proceeding. Second, EPA was previously concerned about whether it would be able to establish criteria for determining whether asbestos fibers are being released and what corrective ac tion should be taken. As s result of further study, the notice says, EPA now has some basis "for confidence in its ability to establish criteria for regulatory purposes." "The initiation of this rulemaking proceeding does not mean that EPA wit) abandon Its efforts In the technical guidance and assistance propam," according to the notice. EPA has begun work on a formal advance notice of proposed rulemaking and will publish the notice as soon as possible, "in any event no later than August 31," the notice says. Although the agency is panting the petition, the notice says, "the agency has not prejudged the ultimate form the regulatory propam should take." It says, "The rules the apncy will propose under the Toxic Substances Control Act to regulate aabeatoe in schools may or may not include the specific regulatory approaches suggested by EDF." be directed t Indicates >y Sections twton payclearance directly to p. Inc. All Polychlorinated Biphenyls ABOUT 240 FIRMS, GROUPS SEEK PROCESSING. DISTRIBUTION EXEMPTIONS About 240 companies and trade associations are asking for one-year exemptions from the Environmental Protection Agency's ban on processing and distributing polychlorinated biphenyls (PCBs). In addition. 17 firms filed confidential exemption requests, an EPA staff member said. Among those filing exemption petitions were represen tatives of industries Involved in rail transportation, office equipment, dyes and pigments, inks, lighting fixtures, and electronics. July 2 was the final date for filing exemption petitions. EPa staff members said they had expected between 800 and 1,800 exemption requests ami were surprised when only 240 had arrived before the cutoff date. Almost all of the requests are for one-year exemptions from the EPA ban on use of equipment containing more than 50 parts per million of PCBs. Several, however, asked EPA for permission to distribute equipment containing PCBs. The equipment either was made before the ban took effect or was the subject of sales contracts executed before the ban, the petitions said Several other firms said they are not making PCBs inten tionally but get PCBs as impurities or by-products when manufacturing other products. Silicones were one example of this, the petitions said. EPA promulgated its final ban on the manufacture, processing, distribution in commerce, and use of PCBs May 31 (Current Report, June 1, p. 289). At the same time, EPA issued procedural rules for filing an exemption request on the processing and distribution ban. Procedural rules for filing for manufacturing exemptions were issued last fall (November 3,1978, p. 1378). EPA held hearings on petitions for manufacturing exemptions July 9. 10, and 11 (See related story, p. 528 ). Claee Petition* Ptlod The Electrical Appliance Service Association (EASA), the National Association of Printing Ink Manufacturers (NAPIM), and the Air Conditioning and Refrigeration Institute (ACR1) filed class petitions on behalf of their members. Both ACR) and EASA asked for exemptions to distribute in commerce small capacitors containing PCBs The capacitors would be used in new equipment and as replace ment parts in existing units. Herbert Gilkey, deputy director of public affairs tor ACRI, said members need to use the small capacitors in commer cial and industrial air conditioning units. A maximum of three pounds of PCBs are used in each capacitor, Gilkey told Chemical Regulation Reporter July 12. Each air conditioning unit contains one or more small capacitors, he said. ACRI filed the exemption request on behalf of Its IB0 members, all of them manufacturers of large air con ditioning and refrigeration equipment, Gilkey said. Earlier, the National Paint and Coating Association INPCA) and the Dry Color Manufacturers Association (DCMAl filed class petitions for processing and distribution exemp tions (July 8, p. 495). Oey-Brlte Files for 900 The most lengthy class petition was filed by Day-Brite Lighting Company, of Tupelo, Miss. The company is seeking a one-year processing and distribution exemption for itself and its 900 distributors. According to its petition, Day-Brite has small capacitors and fluorescent light ballasts containing a total of 1,870 pounds of PCBs. The company also has 6,000 completed lighting fixtures containing 900 pounds of PCBs. The fixtures have a market value of 8180,000, the petition said. The Day-Brite petition said it has not shipped any capacitors or ballasts containing PCBs since January 1. 1979, but would like EPA permission to ship and sell existing stock. 7-1*79 Cvoopoyvnrivomht 1979 b'y nTih*e.7BB7u3r/e7e*/uSOoOf MNstionsl Affsirs. Inc MGNS 000049 CHEMICAL REGULATION REPORTER Conrail Exemption Fllod The Consolidated Rail Corporation aaked EPA for a one-year exemption to use and service transformers con taining PCBs in Us various repair facilities. According to the five-part exemption request, Conrail is responsible for operating freight and commuter line* in New York, Connecticut, and southeastern Pennsylvania. Unless it gets EPA permission to service and replace transformers on the trains involved, It would be unable to keep the trains operating, the petition said. QE Seeks Exemption The General Electric Company filed for an exemption to ship "small quantities" of capacitors and fluid containing PCBs from Its Hudson Fulls, N.Y., facility. According to the petition, GE has contracted with the Soviet Union to supply replacement capacitors and fluid for equipment it sold the Soviet Union earlier. The service contract is the result of the earlier sales contract, the petition said. Others HI* Three major office equipment companies filed for EPA exemptions to use and replace capacitors containing PCBs In business machines. Honeywell, Inc., IBM (International Business Machines), and SM (Minnesota Mining and Manufacturing Company) filed for the business machine ex emptions. 3M also filed an exemption request for PCBs In pigments. According to EPA staff members, many of the exemption requests involved PCBs which are impurities or by-products of other processes. The pigments industry, for example, said there are PCB contaminants in colorings and paints but that the quantities are variable and small. I PA Workgroup To Evaluate After all the peUlions have been catalogued, they will be turned over to EPA's workgroup on PCBs, an EPA ataff member said. The workgroup will decide whether to grant or deny the exemption petitions, EPA said. The decisions will be published in the Federal Register, along with the reasons for approval or denial, an EPA staffer aid. Although EPA has no timetable for deciding on the exemp tion petitions, staff members said reviewing all the petitions probably would take several months. About one-third of them, however, will be decided on a dais, rather than In dividual, basis because they involve similar uses, EPA staff aid. Polychlorinated Biphenyls NASA BAYS U S. SPACE PROGRAM DEPENDS ON EPA APPROVAL OF GE EXEMPTION REQUEST The U.8. apace program will be crippled unleas the En vironmental Protection Agency approves a General Electric Company request for exemption from the agency's ben on manufacturing polychlorinated biphenyls (PCBs), according to National Aaronautlcs and Space Administration officials. Myron S. Malkin, director of NASA's Specs Shuttle Program, testified in support of the GE exemption request at EPA manufacturing exemption hearing* held June 9-11. Malkin said the space program depend* on the use of the space shuttle which, beginning in 1911, will replace all of the current fleet of expendable launch vehicles. The space ihuttls, In turn, depend* upon the use of a varie ty of room temperature vulcanised (RTV) adhesives produc ed by GE. The RTV adhesives are based on phenylchlorosilxnei. which are produced by a chemical process that creates PCBs as an unintentional by-product. GE has requested an exemp tion from the ban to continue manufacture of phenylchlorosilanes. EPA May 31 announced that it would withhold a decision on the exemption "due to Ute technical complexity of the ac tivities for which the exemptions are sought" (Current Report, June 1, p. 334). Malkin said the RTV adhesives are used to bond over 10,000 lightweight ceramic insulating tiles to the surface or the shuttle to protect it from the 240frdegree heat of reentry He said the loss of just one tile could result In the destruc tion of the shuttlecraft. The adhesive which bonds the tiles to the ihuttle must be able to withstand the heat of reentry and the extreme cold of outer apace, Malkin said. He said NASA has been unable to find an)- substitute for the GE adhesive, which bonds at room temperature, remains elastic down to minus 170 degrees, and retains its strength at 500 degrees. Malkin said that the shuttle program bat been delayed by the extreme complexity of the tile installation process but that the delay was not caused by any problem with the GE adhesives. "RTV Is not our problem. My request is: please don't make it our problem," Malkin said. RTV adhesives are also used in leveling the shuttlecraft skin before Installing the tiles, In critical parts of the shuttle construction, and in the ablative heat shield that protects the shuttle's external fuel tanks, according to Malkin. Navy Supports Qi Exemplion Representatives of the Nava) Air Systems Command also supported the GE exemption request. Charles F. Bench told the EPA bearing panel that the Navy's basic training aircraft, the A-4. uses a PCB-cootaminated hydraulic fluid manufactured by GE. He said the fluid. Versilube F-50, it used In the constantyeed drive which powers the aircraft's electrical generating system. - The Navy has not been able to find any substitute fluid that will work in the A-4 constant-speed drive, Bench Hid. He uid the only alternative to continued use of the GE product would be to ground the Navy's approximately 930 A-4s for several years, while searching for an alternative fluid or replacing all the conitant-speed drive units. The NASA and Navy testimony appear to support GE's claim that "there are no substitute materials that exhibit the combination of high performance properties required for many highly demanding applications." The phenylchlorosilanes are used to produce a wide varie ty of silicone products. In addition to adhesives and hydraulic fluids, they are used in making silicone rubber compounds, greases, resins, and sealants. According to GE, the concentration of PCBs In the phenylchloroallane products Is less than (be legal limit of 50 parts per million (ppm). GE says the PCB impurities are contained in a "substantially closed and carefully monitored process system" and destroyed by on-site Incineration. Aieo* Petition Representatives of the Alcoa Company also spoke at the hearings in support of a manufacturing exemption petition. Alcoa's petition concerns a new, energy-saving process for aluminum which is now in use at an Alcoa plant in Anderson County, Tex. Clay Cook, manager of the-Anderson County plant, told the panel that the new Alcoa smelting process is the "first ma- 7-13-7B Chemical Reputation Reporter 0141-7973/79'tOO SO MUNS 000050 i i ( dc CURRENT REPORT ior breakthrough In aluminum smelting technology In 100 years." He said the success of the new process, which is energy efficient and environmentally beneficial, is vital to the country. The new process provides about a 20 percent reduction In overall energy consumption, according to Cook. In the Alcoa process, number six fuel oil is reacted to deposit carbon on alumina. The alumina is then chlorinated, producing aluminum chloride contaminated with an average 01 ppm of PCB, according to Cook. Most of the aluminum chloride is used to produce aluminum in an electrolytic process in which the PCB con* taminant drops out as wuste and is disposed of, Cook said. However, about 0 million pounds per year of aluminum chloride is sold to customers tor various commercial uses. Cook said the cost to Alcoa of a ban on sale of the aluminum chloride would be about 92 million per year. He said Alcoa is developing a one-step process that would not Involve the production of a PCB contaminant but that it would be at least three and a half years before the company can make a decision on commercial feasibility of the new process. - Cook said the Anderson County plant produces about 400,000 pounds of contaminated waste per year, containing about 3 percent PCB. He said Alcoa is trying to develop a catalytic method of on-site PCB disposal and has a good chance of doing so. Joe Damiano, an Alcoa health specialist, told the panel the PCB contaminant involved in the Alcoa process is decachlorobiphenyl. He suggested that it Is leds hazardous than the less chlorinated biphenyls because it has a lower vapor pressure and is less metabolised in the body. Cook said Alcoa is continuing efforts to modify its produc tion process to reduce the contamination level in the aluminum chloride below 50 ppm. BPA exemption Criteria EPA Deputy Assistant Administrator for Chemical Con trol John DeKany said at the hearings that the exemption decisions will be based on two major criteria: Whether or not the manufacturing activity presents an unreasonable risk to human health or the environment, and Whether or not the manufacturer made good faith ef forts to develop a substitute process. Late Exemption Request* John Lyon, of EPA's Office of General Counsel, said die agency has recently received a number of late manufac turing exemption requests. They Include requests from American Cyanamid Company and Apollo Colors Inc. to manufacture pigments; from E. I. du Pont de Nemours and Company to manufacture a water soluble dye; from Boland Corporation to produce an intermediate used in the manufac ture of the fungicide pentachloronitrobenzene; and from Anaiabs Inc. and RFA Corporation to produce small quan tities of PCBs for research purposes. Lyon said EPA has decided to accept the late petitions on the same basis as previous manufacturing exemption re quests. The decision meatis the manufacturers can continue production until EPA makes a decision on their exemption requests. Lyon told Chemical Regulation Reporter July 12 that future petitions would be considered on a cese-by-case basis. He said manufacturers who have not yet filed exemption requests should do so If they feel they have a good case for being granted an exemption. Lyon said the deadline lor comment on the exemption re quests has been extended to August 1 because of the late re quests. 529 3,5,6-T BAN ON ALL REMAINING USES OP 2.4.S-T. SILVEX TO SE CONSIDERED AT HEARINGS The 2,4,5-T/SUvex cancelation hearings will be expanded to consider cancelation of all remaining uses of (he In.-bicldet as a result of a notice signed July 9 by Environmen tal Protection Agency Assistant Administrator lor Toxic Substances Steven D. Jeilinek. In announcing the agency's proposal to include the remain ing uses in the hearings, EPA Deputy Administrator Bar bara Blum said, "EPA has preliminarily concluded that the risks posed by remaining uses of the herbicides outweigh the known benefits." However, Blum said, "Our information on exposure and benefits is insufficient to determine whether or not to cancel the remaining uses." The notice says toe herbicides exceed EPA risk criteria for oncogenicity, teratogenicity, and fetotoxicity. Eeonomie Impact According to tiutnoUce, the economic impact of canceling the remaining usee of SUvex would be small. The remaining Silvex uses ere: On rangeland. The notice says there are no comparably effective alternatives to Silvex but the economic impact of cancellation would be negligible, since the treated area amounts to less than 0.2 percent of U.S. rangeland. On rice. The action would have negligible economic im pact, according to the notice, because Silvex Is used on only 2,000 acres of ricetand each year, less than 0.1 percent of the total. On sugar cane. Cancelation would result in a maximum loss of 2 percent of U.S. production with negligible impact on consumer prices, the notice says. Loss to producers would be 14 million In Florida and 15.3 million in Louisiana, according to the agency. On orchards. EPA predicts that cancelation would cause a 91 million Increase in apple production costs and a loss of 91.8 million in revenue to prune growers, with negligible price impact to consumers. For noncrop areas, such as vegetation control around fences, buildings, parking lots, hedges. There would be little economic impact, the agency says, because many effective alternative herbicides are available. The impact of 2,4,5-T cancelation may be more substan tial, according to EPA- The agency predicts that cancelation of the rangeland use, which involves about 1.5 million acres per year, would have a user impact of 910 million to 920 million per year, increasing the consumer food price index by up to 0.046 percent. Cancelation of the rice use of 2,4,5-T, which is applied to about 300,000 acres, might have a user impact of several million dollars per year, but the national Impact would be minor, EPA says. Losses from cancelation would represent less than 0.1 percent of U.S. rice production, according to the agency. Because of the availability of alternatives, the agency says, cancelation of noncrop uses of 2,4,5-T would have lit tle economic impact. Hearings Delayed 11>e EPA hearings to consider EPA's February 28 decision to ban major uses of the two herbicides have been delayed in anticipation of the agency decision on the remaining registered uses (Current Report. June 8, p. 387 The proposed hearings on the remaining uses cannot be in cluded in the ongoing hearings until EPA publishes a final notice and gives the public the opportunity to comment. This Copyright 1979 by The Bureau of National Affaire. Inc 014I7I73/7I/S00 50 MGNS 000051 530 CHEMICAL AeGULATION REPORTER process is likely to uke at least three months, because the Comments on EPA's proposed action should be advened agency must first submit its proposed notice to its Scientific to the Federal Register Section (TS-791), Room 447. East Advisory Panel (SAP)and to the Department of Agriculture Tower. EPA, 401 M St . S.W.. Washington, D C 20450 for comment. Comments will be due no later then 30 days following The agency submitted the hearing proposal to the SAP ^publication of the notice in the Federal Register. July 11, giving the panel SO days to respond. However, the panel recently announced that it will not review CPA notices at a panel meeting unless the notice Is submitted by EPA at Litigation least three weeks beforehand. Therefore, the panel may not review the hearing notice un til its August 15-18 meeting. ONE COMPANY, THREE ASSOCIATIONS MOVE TO INTERVENE IN EOF SUIT ON SAN ON PCSs A mining equipment manufacturer and three associations Confidentiality Still et Issue representing electronics firms and electric utilities are seek The confidentiality of Dow Chemical Company testing ing to intervene in a suit challenging the Environmental data was the subject of extended discussion at a prehearing held July 11 at EPA headquarters. The agency is prohibited by a court injunction from mak ing public testing data which Dow claims is trade secret in formation (April 20, p. SI). Dow has proposed that participants in the 2,4,5-T caocela- Protection Agency's ban on polychlorinated biphenyls (PCBs). The Environmental Defense Fund (EDF) filed (he suit against EPA June 7 (Current Report, June 15, p. 420). EDF charged that EPA's ban, promulgated May 31, allows more uses of PCBs that It prohibits. The suit was filed in the U.S. Uon bearing! be required to sign a confidentiality agreement to protect Dow testing data used in the hearings. Dow also proposes that the presiding administrative law Judge Issue a protective order to safeguard Dow's data. William Butler, of the Environmental Defense Fund (EDF), objected at the prehearing to the severity of the penalties proposed by DOW for breach of the confidentiality agreement. Dow suggested various penalties, ranging from automatic exclusion from active participation In the bearings to pay ment of ISO,000 in damages to Dow. The counsels for Dow, EPA, and EDF tentatively agreed to Court of Appeals for the District of Columbia Circuit. The first motion to intervene was filed Jointly by the Ad Hoc Committee on Liquid Dielectrics of the Electronic In dustries Association (ElA) and the National Electrical Manufacturer* Association (NEMA) on July 5. Both groups represent manufacturers and users of electric capacitors containing PCBs in the dielectric fluid. In their motion, NEMA and &IA asked to intervene in sup port of EPA's regulations on PCBs. The motion said both groupe had taken part in the rulemaking procedure and could be "substantially affected by the regulations under review in these proceedings." leave the final decision on the penalty for each breach of con fidentiality to be decided by the administrative law Judge. Possible penalties may include payment of civil penalty and exclusion from further access to the Dow confidential dala. EEI Motion The Edison Electric Institute (EEI) July 9 filed a similar motion to intervene in the EDF suit. According to the mo tion, EEI filed on behalf of 32 electric utilities which provide 77 percent of the total electricity generated In the United Butler also objected to Dow's proposal that Dow would be States. The utilities serve about 78 million customers, the given access to a list of all consultants who have had acceas motion Mid. to the confidential data, when a breach of confidentiality is EEI said It wanted to be a full party to the suit because the claimed. The narties tentatively agreed to leave the decision EDF suit "Will challenge the continued servicing of existing on release of the consultant lists to be made by the ad equipment containing PCBs." Electric transformers are ministrative law Judge in the event a breach of confidentiali major PCB users. ty is demonstrated. . Neither EPA nor EDF would adequately represent the in A prehearing which had been scheduled for July II has terests of the utilities or their investors, the EEI motion been canceled. Dow counsel Edward Warren suggested at said. .................-- ^ .. the July 11 prehearing that the bearings should proceed im mediately, without waiting for the agency to issue a final notice on cancelation of the remalnii^ uses. Warren said there is no reason to delay to wait for "hypothetical" new participants who may decide to Join the hearings as a result of the proposal to consider cancelation of the remaining uses. Administrative Law Judge Edward B. Finch decided to proceed with the hearings as if the July 9 notice bad not been issued. He said additional prehearings could later be beid to Involve new participants who may Join as a result of the Joy Files Motion Joy Manufacturing Company, Pittsburgh, Pa., July 9 filed the third motion to intervene. According to the motloo, the company manufactures and services coal mining equip ment which uses PCBs as either the dielectric fluid or coolant. According to the motion. Joy Manufacturing Co. wants to be a full party to the suit against the EPA ban on PCBs. If the court should invalidate EPA's timetable for replacement of PCBs in the mining equipment motors, it would shut down 10 percent of the bituminous coal industry, the motion said. notice. Finch directed Dow tnd EPA to file by July 17 lists of witnesses on the risk of use of the herbicides, along with summaries of proposed testimony on risk. The final PCB ban says continuous miner motors may be rebuilt with PCBs until January 1, 1980. Loader and miner motors may be serviced with PCBs until January I, 1912, (June 1. p. 328). The EPA notice on cancelation of the remaining uses will Joy Manufacturing Co. said U has S17 motors In loaders appear shortly in the Federal Register. A supporting EPA end 72 in continuous miners. Any change in the EPA position position document Is available from Michael Dellarco, Pro- would have a severe economic impact on the mining In tccl Manager, Special Pesticides Review Division, (TS-791), loom 722, EPA, 401 M. Si , S.W., Washington, D.C. 20400, (703) 557-0244. dustry, the motion said. In its suit against EPA, EDF charged that the PCB ban would exempt 99.3 percent of the PCBs now in use. The EDF 7*13-70 Chemical Regulation Reporter oierejV7e'oo so HONS 00005*: CURRENT REPORT 531 suit wii filed under the Judicial review provisions of Section IS of the Toxic Substances Control Act. Enforcement PA ISSUES POLICY ON INFORMATION NOT NEEDCO FROM PESTICIDE REGISTRANTS The Environmental Protection Agency July 12 Issued a policy statement describing circumstances under which the agency would not take enforcement action against pesticide registrants wbo fail to report certain pesticide registration information (44 PR 407U), He Federal Insecticide, Fungicide, and Rodentldde Act requires registrants to provide EPA with Information on the risks and benefits of their registered pesticide products. Tba policy statement is Intended to fulfill the re* qulrementJ of a memorandum issued last year defining reporting requirements for pesticide registrants (Current Report, August 15, 1978, p 943). The memorandum said it would be "appropriate" for the agency to announce what information la not essential to the agency's functions and not needed from the registrants. EPA Mid the provisions of the notice, which is published in the Full Test section of this report, are baaed on assump tions about what resources EPA wUL have available to review information submitted to the ageney. Comments on the policy should be sent by October 10 to John J. Neylaa m, EPA Office of Enforcement, Room 3633, 401 M St., S.W., Washington, D.C. 20460. Requests for ad ditional information may be sent to the same address. gnforcement IPA APPROVES PROPOSAL FOR LABELING, NOTIFICATION FOR EXPORTED PESTICIDES A proposed policy statement describing procedures for carrying out the Federal Insecticide, Fungicide, and Rodent* icide Act (FIFRA) with respect to exported pesticides, devices, and active ingredients was signed July II by Environmental Protection Agency Assistant Administrator for Enforcement Marvin Durning. Amendments to FIFRA adopted last year require pesticides destined for export to have certain labels. The amendments also require the Importer of a product which is not registered in the U S. to sign an acknowledgement that he knows the product cannot be sold in the U.S. The policy, which will be published in the Federal Register shortly, defines the labeling requirements and the procedures that pesticide exporters must follow in order not to violale the provisions of FIFRA. According to the proposed procedures, which are pub* llsbsd in U Full Text section of this report, exported pesticides, devices, and active ingredients must bear a label with infor* maUon on ingredients, the name of the manufacturer or registrant of the product, a warning of toxicity, and a state* ment if the product is not registered for use in the U.S. The labels must be written in English or the language of the importing country, the proposal says. The proposed procedures ray an exporter must have in hand a statement that a foreign purchaser haa signed as acknowledgment before an unregistered pesticide can be exported. EPA, with the help of the State Department, will transmit the acknowledgment to appropriate officials in (he receiving country In orderto Inform the foreign government that an unregistered or cancelled pesticide is entering its country Uotld Waato EPA FINOS 60 MORE HAZARDOUS WASTE SITES CREATES WASTE EMERGENCY RESPONSE SYSTEM The Environmental Protection Agency July 11 released the names of 60 newly discovered sites containing hazardous wastes "which may be public health and environmental haunts." In addition, the agency announced it has established a new agency-wide hazardous waste enforcement and emergency response system to respond to haurdous waste emergen cies. EPA, which is keeping a status report on the number of known haurdous waste sites, uid it is now aware of m sites in the U.S. which may contain potentially dangerous quantities of haurdous wastes. EPA Deputy Administrator Barbara Blum July 11 said, "We will continue to evaluate the extent of the hazards at these sites and force responsible parties to alleviate any im mediate threat to the public." The evaluations may result in legal actions or emergency federal actions to contain the spread of contaminants where there is an imminent haurd and where existing local authority and funding Is insufficient, according to the agen cy. EPA uid federal legal action it pending against five sites and states are acting against 34 sites. Id April, the agency released a status report on I3S sites known to contain hazardous wastes (Current Report, May 4, p. 113). The new 151-site figure reflects the removal of 45 sites from active investigation, which were cleaned up or are no longer Imminent haurds, and the addition of 60 new sites recently discovered. - New Enforcement Group To carry out the new system, EPA created a national hazardous waste enforcement task force and a new unit in the Oil and Special Materials Control Division. The enforce ment task force, which must report directly to Blum, will coordinate federal clean-up activities with EPA regional of fices and states. Currently, EPA has'nbout 100 people, primarily in its regional offices, working on haurdous waste site in vestigations and enforcement. Pesticides CONCERN OVER EMERGENCY EXEMPTIONS RAISED BY STATE FIFRA ISSUES GROUP The ability of states to get emergency exemptions to use pesticides emerged as the main concern of the members of the Environmental Protection Agency's State FIFRA Issues Research and Evaluation Oroup (SFIREG) during Us July 11-12 meeting. Douglas D. Campt, director of EPA's Pesticide Registra tion Division, told the meeting the number of requests for ex emptions submitted under Section II of the Federal Insec ticide, Fungicide, and RodenUcide Act (FIFRA) doubled in the last year. Many of these requeats were for "borderline" emergencies, were repetitive, or were undocumented, he uid. 7-13*76 . , Copyright * 1979 by The Surtu of Nerionel Affairs, Inc. 0M 7f73/7*SOO SO . ._____ HONS 000033 CURRENT REPORT 533 Carcinogens INTSRAQINCY GROUP, MINUS OSHA, SEEKS COMMENT ON RISK ASSESSMENT DOCUMENT The Interigency Regulatory Liaison Group (IRLG) is seeking public comment on the "validity and ap propriateness" of methods for identifying and evaluating carcinogens described in its risk assessment document. With the exception of the Occupational Safety and Health Administration, the IRLG agencies are jointly requesting comment on its paper. "Scientific Bases for Identification of Potential Carcinogens and Estimation of Risks," published in the July 6 Federal Register (44 FR 39858). The IRLG document, which describes both a basis for maklog qualitative evaluations of a substance's car cinogenicity and methods for making quantitative estimates of carcinogenic risk, is "intended to serve as a valuable scientific reference which may be considered by the ageh*~ des, consistent with their statutes," according to the IRLG notice. The IRLG agencies, which include, in addition to OSHA, the Consumer Product Safety Commission, the Environmen tal Protection Agency, and the Food and Drug Administra tion, first presented the risk assessment paper In February (Current Report, February 9, p. 2039). Since then, the Food Safety and Quality Service of the Department of Agriculture, joined the IRLG, and scientists from that agency "have reviewed the report and concur," according to IRLG. Senior scientists from the National Cancer Institute and National Institute for Environmental Health Sciences also assisted in preparation of the report, which has been accepted for publication in the Journal of the National Cancer Institute. The report has no "regulatory status" other than as an ap praisal of the scientific principles applicable to carcinogens identification and evaluation, according to IRLG't notice, nor is the report intended to give regulatory agencies the "force of law" In making findings precedent to regulatory action. IRLG reported that it is not seeking comment related to the regulatory status of the report. According to the notice, OSHA is not participating in the comment gathering process "because OSHA already has conducted an extensive public proceeding, including a public hearing" on Us own proposal for identifying and regulating carcinogens in the workplace (May 19, 1978, p. 267). Comments on the content of Ihe report should be submitted by September 30 to IRLG, Room 500, 1111 18th St.. N.W., Washington. D.C. 20207. The report Is published in the Full Text section of this Current Report. Perlman cited a ruling by EPA Acting Judicial Officer Ronald L. McCaJIum that such hearings cannot consider restrictions beyond thoee announced by the agency (April 13, p. 27). ' The Office of General Counsel, in its response to the EDF appeal, said the Federal Insecticide, Fungicide, and Rodenticide Act allows "persons adversely affected" by an EPA cancelation order to request a hearing. The Office of General Counsel ssld the language and legislative history of the Act clearly show that "persons adversely affected" can Intervene only to stop the proposed cancelation, not to' force a more restrictive action as oroooted by EDF. According to the EPA office, the language in the Act ex tending bearing righta to "persons adversely affected" was created at the request of pesticide user groups "to protect tbs righto of users of established pesticides. " Tboie who believe that an EPA cancelation order does not go far enough have the right under FIFRA to petition the agency directly or to seek relief in the courts, the Office of General Counsel said. Clba-Geigy Corporation and the Department of Agriculture June 21 also filed briefs opposing the EDF appeal. Citrus Growers' Appeel Perlman also disqualified three citrus growers associations from participation in ths chlorobenzllste bearings on the grounds that they had not filed hearing re quests within the statutory 30 days allowed. Florida Citrus Mutual was the only association to appeal the disqualification. The aasoctotlon argued that FIFRA provides 30 days for hearing, requests following publication of the cancelation notice or notification of the pesticide registrants, whichever occurs later. Florida Citrus Mutual said its bearing request was filed within 30 days after the last registrant had been notified. The Office of General Counsel June 36 filed a response op posing tbs growers' appeal. It argued that there are separate JSday filing periods for the public and for individual registrants. Florida Citrus Mutual, which Is not a chiorobentilate registrant, was required to respond within 30 (toys of the time the cancelation notice was published In the Federal Register, OGC said. The decision on the two appeals would ordinarily be made by McCailum, acting for EPA Administrator Douglas M. Costie. However, EDF in Its appeal requested the opportunity to present oral argument directly to Costie because of the Importance of the case. McCailum said July 11 that no decision had been made as to whether Costie will hear the appeal directly. Chlorobensltote IPA RESPONDS TO CITRUS GROWERS. ENVIRONMENTAL DEFENSE FUND APPEALS The Environmental Protection Agency's Office of General Counsel July 9 filed a rtsponae opposing the Environmental Defense Fund (EDF) appeal of a decision barring the group from participation in hearings on chlorobemrilate. EDF June 12 appealed the dectolon of EPA's Chief Ad ministrative Law Judge Herbert L. Perlman prohibiting EDF from participation in hearings to review the agency's cancelation ol non-citrus uses of the pesticide (Current Report, June 22, p. 4S1). Heeltb Haterds ij TURTLES SHOW CHEMICALS ARE WIDESPREAD,^ NEW YORK ENVIRONMENTAL PATHOLOGIST SAYS A study of snapping turtles shows that polychlorinated biphenyla (PCBa) and pesticides have spread to contaminate even pristine areas, according to a New York environmental pathologist. Ward B. Stone, a wildlife pathologist with the New York Department of Environmental Conservation, recently com pleted a study for the state of about 60 snapping turtles cap tured in various areas of New York. The turtles contained large amounts of PCBs, dleldrin, and, dichlorodiphenyldichloroethylene (DDE), Stone told M3-79 CopynQht * 1979 by The Bureau of National Affairs. Inc. OI4t7t73/79/SOOM HONS 000054 694 Chemical Refutation Reporter July 10. DDB la the degradetlon product of dichlorodipbanyltrichloroethane (DDT). According to Stone, all 60 turtle* contained PCBs. Turtle* captured in the Hodion River area of the state had mean PCB levels of 2,000 parts per million (ppm), be sa|0. Turtles from rural farm ponds and "pristine" areas had a mean PCB contamination rate of 404 ppm, Stone said. In addition, the rural turtles contained a mean level of 11.5 ppm of DDB and 4.24 ppm of dlaldrln. The Hudeoo River turtles had 11.1 ppm of DDE and 0.40 ppm of dieklrtn, Stone laid. New York Imum Warning Immediately after Stone made the findings public, New York Issued a warning that people, particularly pregnant women, nursing women, and young children, should not eat turtles. New York health officials also cautioned that anyooe that eats turtles should remove all vlatble fat before cooking. PCBs art found in the highest concentrations in fat tlasuoa, they Mid, Turtles Unfit to let According to Stone, the turtles are "unfit for human con sumption" and show that "the whole earth Is contaminated (with PCBs) to some degree." Because many people eat snapping turtles, barbecued or in soup, Slone made several batches of soup from the turtles. He found that a 250-milllllter bowl ofsnapper soup contained an average of 290 ppm of PCBs if the turtle was from the Hudson River area. Soup made from turtles taken from areas other than the Hudson River contained various amounts of PCBs, from a low of 0.01 ppm for a turtle caught in an isolated creek to levels approaching those found in soup made from Hudson River turtles, Stone said. Npl Covered By Tefereneee The Food and Drug Administration June 20 approved new tolerances for food contaminated with PCBs. Although FDA lowered the tolerance for PCBs In fish and shellfish from five ppm to two ppm, the now tolerance does not apply to turtles (Current Report, June 29, p. 471). Betty Campbell, In the compliance division of FDA's Bureau of Foods, said no one at FDA considered turtles when lowering the PCB tolerance for fish and shellfish. "This is the first the agency has heard of it," Campbell told Chemical Regulation Reporter July 12. "I guess we would need to look at" the study. Role as Monitor* Slone said he chose turtles for studying the spread of PCBs because the amphibians are long-lived, stay within a one-mile radius or their birthplace, have large fat deposits, and have an omnivorous diet. They are very much like humans, Stone said, adding that the turtles' living and feeding characteristics make them "very good monitors of the environment." According to Stone, many animals have special diets or migrate from one area to another, making them poor monitors when extrapolating teat results to humans. Thoee ~~ characteristics also make It difficult to tell where the con tamination was picked up, Stone said. Turtles, however, are excellent monitors and are widely distributed, he said. a. Stone began studying turtles In 1970 and still Is collecting snd analyzing more samples. All of the samples have born out his conclusion that PCI's "are everywbsre," be said. CHEMICAL REGULATION REPORTER He said he was especially concerned because the pollution of their habitat apparently has not reduced the turtle popula tion. They therefore are accumulating large quantities of contaminants which, in turn, are consumed by those eating the turtles, Stone said. The New York department of health warned residents in late June that eating snapping turtles captured in the state is Stone, however, laid many turtles captured in New York are exported to other sites where they are made Into soup and other specialty foods. He said he feels the FDA tolerances for PCBs should be expanded to Include turtles, snakes, and other reptiles and amphibians eaten by humans Stone, who has been concerned about PCB contamination since 1969, said the new FDA tolerances for PCB* are caus ing "quite a tizzy right now" in New York. The tolerances, which take effect August 28, are expected to hurt commercial fishing on the Hudson River. Especially affected will be ahad and striped bass which come into the river to spawn, Stone said. "There is a lot of economic impsct" to the new PCB tolerance of two ppm, Stone said. The sport fishing Industry snd state fisheries biologists are concerned that fishing licenses sales and tourism will be greatly harmed by the new tolerances, Stone said. Copies of the paper, titled "Toxicants in Snapping Turtles," are available by writing Ward B. Stone, Wildlife Pathologist, Delmar Wildlife Resources Center, Ddmar, N.Y. 12064. Hudson: Hot Spot The Hudson River contains about 1.2 million pounds of PCBs, according to the 1978 "Hudson River PCS Study" done by the New York Department of Environmental Conserva tion. About 20 turtles analyzoLas pari of that study showed PCB concentrations of 712 ppm, the study says. Reporting DATA COMMITTEE URGES UNIFORM USE OF CHEMICAL ABSTRACTS SERVICE NUMBERS General Government-wide use of Chemical Abstracts Ser vice (CAS) Registry numbers for Identifying chemical tubstances was proposed at a meeting of the Interagency Toxic Substances Data Committee July 10. Committee members were asked to seek approval of their Individual agencies of a memorandum of understanding that any data systems requiring the identification of chemical substances would use the CAS Registry number as a means of common, uniform identity control. George Cushmac, Materials Transportation Bureau, Department of Transportation, told the committee that func tional needs of his agency would be best met by using the United Nations hazardous materials identification number ing system as proposed by MTB June 7 (Current Report, June 8, p. 245). This numbering system It a classification of hazards rather than chemical Identity. Cushmac said he will relay the data committee's proposal on the uee of CAS numbers to MTB. Subcommittee reports on the Chemical Substance Infor mation Network (CSIN) and on toxicology Information were presented by Hairy Kissman of the National Library of Medicine. He said a review is being made and a report will be prepared evaluating IS existing data bases that may bt suitable for inclusion In CSIN. 7-13-79 Chemical Regulation Reporter ots-?e7i/7e/fooM MQNS 000055 | T rfuni N**> / exp 'Jici CURRENT REPORT peraion into the workplace. The citation carried a (250 proposed line. Amvac ii challenging both citationt and aayi DOSH't monitoring method! were improper and that It obtained evidence unlawfully. Patyahlnrinalad Biphenyls CPA SEEKS COMMENTS ON DECISION TO TEST PROPOSED PCS DISPOSAL METHOD RALEICHT, N C. -- (By a Chemical Regulation Reporter Had correepondent) -- The Environmental Protection Agency July > requested comment! on the afency'e dedaioo In teat a proponed method for dentroying liquid polychlorinated biphenyl! (PCBn). The pyrolytic technique will be lotted October IS at Reeource Recovery Corporation't Raleigh facility. Reiource Recovery Corp naked EPA In January to allow it to destroy liquid PCBs through pyrolytle. Pyrolyain la a proctii which cauaen the decomponltion of organic matter by subjecting it to high temperature In the absence of oxygen (Current Report. May 4, p. 122). In pyrolyais. a large plaama arc torch powered by elec tricity aubjecta the contaminated material to temperature! that could be aa high aa 1*00 degree! Cefalua. The plasma flame convert! the material to a synthetic gas. The gas by-product will be flared in the EPA teat, but a com pany spokesman has said the gas could be stored In a tank, be liquified, or be shipped elsewhere for use. Must Demonstrate Efficiency For the teat to be successful. Resource Recovery Corp. must demonstrate that pyrolyais destroys PCBs as efficient ly as incineration, which EPA said Is M. Rt percent efficient. EPA Region tv Administrator John C. White In announ cing the decision to permit a test, said EPA will have a basis for approving the alternative technology If the pyrolytic system is Judged as efficient as Incineration. In the 12 experiments which are planned, varying concen trations of PCBs will be subjected to beat, varying from 12(0 to (00 degrees Celsius. Comments on EVA's decision to allow the teat must be submitted by August 1 to James H. Scarbrough, Residuals Management Branch, EPA, (4* Courtland St . N E,, Atlanta, Ga. 2020*. Hasardeus Waste GOVERNORS' ASSOCIATION ADOPTS PLAN TO GIVE LEAD IN MANAGEMENT TO STATES The National Governors' Association (NGA) July 10 ap proved a national hasardous waste management policy urg ing that states be given the flexibility to respond to their respective waste priorities and be given the lead in the management of hasardous wastes. Hie policy, approved hy the governors in plenary session at their annual meeting in Louisville, Ky., Bays that a federal plan on the proper management of hasardous waste is essen tial but that sums must take Ibe lead In managing their hasardous waste problems. The NCA policy supports a systematic and phased effort to identify, assess, and control abandoned hasardous waste sites, with states taking the lead In managing the sites and with the Federal Government providing financial and technical assistance. The policy supports funding through a combination of general appropriations and lees generated, as In the recently </" 539 proposed superfund, but says the funding should be provided to states not only for emergency remedial action at aban doned sites but also for long-term containment, treatment, and disposal. Similar criticisms were made at recent congressional hearings on the superfund (Current Report. June 2f. p. 4*0. Superfund Should Se Retroactive NGA said, however, that any federal assistance lor remediation and control of abandoned sitw "must be retroactive to July 1,1(77." NGA said "states must be free to use their own resources to protect the public safety without fear of losing federal assistance while the federal program Is under debate." Currently, the superfund being considered by the Administration and Congress would not be retroactive and could not be applied to recently discovered abandoned hasardous waste sites such as Love Canal In Niagara Falls, N.Y., and "Valley of the Drums" In Kentucky. According to NGA, the major obstacle facing states in carrying out a hasardous waste management and control program is the shortage of environmentally acceptable dis posal facilities because of public opposition. To ease this problem, NGA supported estsbtshmant of a trust fund for the perpetual care of closed hasardous waste management facilities permitted under tin Resource Conservation and Recovery Act to ensure (hat financial and technical resources will be available to control and abate any problems that may arise after elosurv of a facility. The fund should be based on an equitable assessment of fees on operators of the facilities but the fee should be reduced or eliminated for facilities that reuse or recycle hasardous wastes or destroy the hasardous nature of wastes, ac cording to NGA. Moreover, NGA urged tax incentives be made available to hasardous waste generators to dispone properly or to recover hasardous wastes. NGA also urged Congress to con sult with states in developing the fund and said that states should have a primary role In administration and use of the fund. With the regulations under RCRA, Congress should also assure that the requirements for financial responsibility of the owners and operators of hasardous waste management facilities can be met, including requirements on Insurance, guarantee, surety bond, self-insurance, or other financial methods for a facility, NGA Bald. Congress should also amend RCRA to require the owner of each hasardous waste management facility to establish and maintain a fund large enough to ensure acceptable opera tion, closure, and emergency response. If necessary, tor the facility, NGA said. Siring harriers Need To Bo leenufles Interstate and Intergovernmental mechanisms must be ex plored to Identify technical and Institutional barriers to the siting of hasardous waste management facilities; In in vestigate alternatives to the siting problem. Including economic Incentives to overcome public opposition to siting; and to develop Interstate agreements for the handling of hasardous wastes, according to NGA. NGA recommended that the hasardous waste regulations proposed by the Environmental Protection Agency in December 1(7) be revised to define, identify, and pads hasardous wastes based on their degree of risk to human health and the environment and that Ibe applicable storage, treatment, and disposal standards reflect this. NGA said the Federal Government should increase its research and development program in hasardous waste management. "A modest investment in hazardous waste research could significantly decrease the cost of remedisl 7-13-79 CopvriDht * 1979 by The Bureau of National Affairs. Inr 01W.TS7S/TS/S0060 MQNS 000056