Document k6v2421KLkdnbdQmrnN3yYkMO

1* "We- 21,iD CHEMICAL MANUFACTURERS ASSOCIATION TO: RE: September 17, 1991 Health and Safety Contacts 1990/91 Health and Safety Committee Annual Report I am pleased to distribute the 1990/91 Annual Report of the Health and Safety Committee. I think you will agree that this past year has provided exciting challenges and opportunities in key health, risk and safety areas affecting our industry. The Committee, and the task and work groups.lt supports, has achieved considerable success in advocating appropriate regulation, promoting health and safety in our industry, and communicating and educating our members and customers. The efforts of the Committee represent a significant commitment to improve the performance and perception of our industry. Please take the time to review the key accomplishments of the last year and our goals for the future. Please call me at 202/687-1282 if you have any questions. Sincerely, Enclosure cc: C. W. Van Vlack (w/out enclosure) Kathryn A. Rosica Director Health and. Safety VVV 000004724 2501 M Street. NW, Washington, DC 20037 202-887-1100 Panafax 202-887-1237 Telex 89617 (CMA WSH) I* ANNUAL REPORT OF THE HEALTH AND SAFETY COMMITTEE 1990/91 PROGRAM DESCRIPTION The Health and Safety Committee Is responsible for health effects, risk assessment, safety, and product regulations in virtually all arenas that relate to our Industry's operations, emissions or products. Key Statutes: The Health and Safety Committee has lead responsibility for legislative and regulatory advocacy for the following statutes: o Toxic Substances Control Act (TSCA); and o Occupational Safety and Health Aet (OSHA). In addition, the committee deals with chemical health effects and health risk related issues under other federal acts such as: CEFCLA, RCRA, SDWA, CWA, CAA, SARA, FDA, FIFRA and the CPSA, as well as state laws and international agreements and conventions. Key Issue Areas: The Health and Safety Committee is responsible for advocacy for health, safety and risk issues in the following areas: o Product Stewardship; o Pollution Prevention (Chemical ControlRegulations); o Risk Assessment and Risk Management; and o Hazard and Risk Communications. Key Programs: The Health and Safety Committee manages or is the parent committee for: o Responsible Care# code drafting and implementing groups: Community Awareness'and-Emergency Response (CAER): Product Stewardship and; - Employee Health and Safety. o Epidemiological Resource and Information Center (ERIC); and o U.S, industry participation in the OECD Existing Chemical Testing Program. The committee closely coordinates activities on the aboye key statutes, issues and programs with other CMA committees and programs, most notably with the International Affairs Committee, the Environmental Management Committee, CHEMSTAR, CHEMTREC, and Responsible Care#. Attachment 1 includes the committee's statement of purpose and a list of current members. To assure consistency in CMA's application of CMA policies and positions across the many laws and regulations and to address the broad scope of regulations, the committee is organized as a functional matrix of expert task groups (see organization chart, attachment 2). WV 000004725 ISSUES AND rHAT.T.ENGSS BEING ADDRESSED The number of laws, regulations, standards and voluntary initiatives that the committee is responding to, developing or monitoring have increased significantly. This expanding array of issues will require an increasing need for committee resources and a commitment to long-term planning and strategies in the following areas: Toxic Substances Control Act (TSCA) TSCA is perceived by Congress and environmental groups as inadequate to control chemical risks. This perceived failure of the statute has resulted in: efforts by EPA to revitalise the TSCA program; proposed amendments to other environmental'statutes to control chemicals; and reauthorization consideration by Congress. Operational and economic challenges for the chemical industry include: o Consistency and coordination among domestic and international testing programs; o Detailed time consuming and expensive requirements for introducing new chemicals into commerce; o Retrospective guidance interpretation and enforcement of TSCA reporting requirements; and o Product barriers to the marketplace from extensive regulatory controls. Occupational Safety and Health Act (OSHA) Comprehensive OSHA reform legislation has been Introduced into both Houses of Congress. Combined with public concerns about the safety of chemical processes and operations, including an emphasis on contractor management, there is renewed interest in occupational health and safety issues. Operational and economic challenges for the chemical industry include: o Issues raised by the introduction of the Comprehensive Occupational Safety and Health-Reform Act of 1991, including: - Increased employee involvement in workplace health and safety activities; - Expedited health and safety standards setting process; - Increasing employee participation in OSHA enforcement proceedings and increasing criminal penalties for violations; - Provisions for high risk disease notification; and - Provisions for addressing victims1 rights. o Changes of the illness and injury reporting requirements that may affect compensation costs and regulations; o Increasing regulatory attention to the chemical Industry through OSHA's Special Compliance Program (PETROSEP); o New OSHA civil penalty policy that increases fines seven-fold; o Legislation and regulation on multiple chemical hypersensitivity disorders that impact toxic tort litigation, mandated health benefits and workers compensation elaims; and o Continued efforts to replace industry management of plant facilities with employee and community member control. VVV 000004726 -2- <* !* Product Stewardship Product stewardship will present many future challenges, including consideration of all stages of a product's life, fro* design through disposal, and closer interaction with suppliers, distributors, contract manufacturers and customers. Operational and economic challenges for the chemical industry include: o Life-cycle assessment of products; o Environmental hazard communication and labeling; o Outreach to third-parties, including distributors, customers and suppliers; o Facilitating the flow of health, safety and environmental information; and o Implementing the Product Stewardship Code. Pollution Prevention (Chemical Control Regulations) Source reduction, first in the hierarchy of pollution prevention practices, la increasingly being equated with the elimination of chemicals, use reduction and product bans in legislative and regulatory arenas and is being incorporated into other environmental statutes. Operational and economic challenges for the chemical industry include: o Implementation of pollution prevention within current TSCA regulatory programs; o Strengthening TSCA, especially Section 6, as the appropriate vehicle for the regulation and management of chemical use risks; and o Amendments to existing environmental statutes that focus on the reduction of toxics used in the manufacture of products or product bans. Risk Assessment and Risk Management New legislative and regulatory programs, such as the Clean Air Act. have increased the focus on, and the opportunity to affect, how risk assessment is used to regulate operations and products. Operational and economic challenges for the chemical industry irclude: o Continued misrepresentation by public Interest groups and the mass media of the chemical industry as a public threat; o Industry, government, environmental group and media accountability for characterizing risks accurately; o Inappropriate use of risk assessment in.legislation and regulations that seek to reduce risk to ever lower levels and pose serious economic consequences for both industry and the general population; o Developing appropriate criteria to focus risk management decisions on priority risks; o Emerging scientific issues that will direct regulatory actions to control chemical processes; and o Increasing focus on ecological risks. VVV 000004727 -3- Hazard and Risk Communications Responsible Care* and domestic and international regulations and legislation have placed en increased emphasis on coMunlcations to the public about our industry's operations, practices and products. Operational and economic challenges for the chemical industry include: o Product environmental labeling; o International harmonization of HSDSs and hazard classification categories; o Developing an American National Standards Institute (ANSI) standard for HSDSs; o Reviewing the ANSI standard for warning labels (Z129.1); o Potential national repository for general access to HSDSs; o Expansion of hazard communication requirements within other agencies and statutes, Including Consumer Product Safety Commission (CPSC) and Nine Safety and Health Administration (MSRA>r and o Inconsistent and burdensome state product labeling requirements. Responsible Care* Significant effort is required to develop Responsible Care* codes and related implementation manuals, guidelines and other tools. Operational and economic challenges for the chemical industry include: o Developing and providing adequate resources to assist member companies in implementing codes of management practice; end o Developing objective measures of industry performance within each code. Epidemiology Resource end Information Center The regulatory risk assessment process is frequently driven by toxicological data from animal studies that may not be-*relevant to or consistent with human health effects experience. ERIC provides a framework for continuous improvement in the quality of company-based industry epidemiology practices and programs to help enhance the database on human health effects and chemical exposures. Operational and economic challenges for the chemical industry include: o Encourage and facilitate member company epidemiology programs; o Develop human health effects data to make regulatory risk assessments more relevant; and o Scientifically-based decisions regarding causation in toxic tort and workers' compensation claims. 1990-1991 RESULTS Toxic Substances Control Act (TSCA) New Chemicals and Reporting o Worked closely with SFI and EPA to draft proposed revisions to expand the current scope of the PMN polymer exemption rule and submitted comments to EPA on proposed revisions to expand TSCA*8 low volume and site-limited intermediates PMN exemptions; -4- WV 00000472Q -1 i o Met with EFA consultants to ensure adequate trade secret and confidentiality protection for reporting requirements under TSCA; o Voluntarily participated in EPA survey to assess the economic impact on industry of the proposed revisions to the PMN rule; o Participated in discussions with EPA on upgrades to the present TSCATS database system to facilitate better utilization of information submitted under TSCA; o Commented on and defeated an EPA proposal to eliminate the R&D exemption from the Inventory Update Reporting Rule; o Commented on EPA's proposed clarification of the 40 CFR 720.30 (h)(7) "Salts" exemption asking for a formal notice and comment period and suggesting alternative language; and o Developed a discussion paper on options for testing of PMN chemicals that will be used to discuss Improvements with EPA and as a support document for possible TSCA legislation. Testing o Established active, productive dialog with EPA Chemical Testing Branch, Existing Chemicals Assessment Division, and others' in the Office of Toxic Substances to exchange views on various aspects of domestic and international chemical testing and risk management programs; o Worked cooperatively with EPA to advance the OECD HPV Existing Chemicals Testing Program; participated in Conservation Foundation sponsored reviews of dossiers and development of exposui.a.based testing exemption criteria; successfully solicited industry volunteers for Phase II and III of the OECD program; o Commented on general issues raised by EPA's Proposed Rules for Multi-Substance Testing for Reproductive and Developmental Toxicity, and Neurotoxicity and participated in follow-up EPA open meeting; and o Participated in ATSDR meeting regarding emphasis and design of its proposed testing program. Enforcement o Participated in numerous meetings and discussions with EPA's program offices and Offices' of Compliance and Enforcement to seek relief and improvement to the process of interpretive guidance and retroactive enforcement of TSCA; and o Worked with and successfully negotiated changes to EPA's Compliance Audit Program under TSCA Section 8(e) including changes to deadlines and the consent agreement and developed case studies for EPA*8 review to resolve questions on reporting criteria of health effects information. Outreach and Education o Continued sharing of TSCA information and International reporting requirements among members to allow EPA and industry exchange of views on testing, chemical reporting requirements and risk management efforts within OTS; o Established an active dialog with EPA and SOCMA, including participating in a pilot study, on proposed environmental hazard communication regulation; -5- VVV 000004729 o Formed a TSCA Legislative Work Groop to begin efforts to favorably position CMA for TSCA Reauthorlzatlon; o Conducted a workshop for 75 ERA staff members on the new chemical development process and initiated a program to further educate EPA OTS Staff on chemical industry practices by sponsoring plant tours at member company.facilities; and o Developed and distributed, on counter disk, a TSCA Awareness Manual to facilitate understanding of TSCA requirements throughout industry. Occupational Health and Safety Act (05HA) o Submitted written comments to OSHA on proposed rule for Motor Vehicle Safety and testified at OSHA Hearings on Accreditation of Training Programs for Hazardous Haste Operations, Walking & Working Surfaces, and Motor Vehicle Safety proposed rules; o Participated in meetings with OSHA officials to discuss CMA's Responsible Care* initiative and other industry programs as well as OSHA's Voluntary Protection Program (VPP) and Petrochemical Industry Special Emphasis Program (PETROSEP); o Directed industrywide educational efforts on environmental illness and participated in the National Academy of Sciences workshop addressing research meeds; o Monitored and provided input to OSHA medical surveillance activities, occupational injury and illness recordkeeping, and OSHA's new medical office; o Submitted comments on the Marine Occupational Safety and Health Recommendations for a Marine Industrial Hygiene Program;, o Submitted comments to EPA and ASTM on guidance documents and sampling methods for Indoor air quality; o Submitted comments to the California Occupational Safety and Health Standards Board on revisions tc Title A, California Code of Regulations, concerning Occupational Exposures to Hazardous Chemicals in Laboratories; o Submitted written testimony om the proposed "Workers' Family Protection Act" (S.353) to the Subcommittee on Labor and llum^n Resources; and o Continued efforts to develop 0.S. industry positions on IJ.O's Code of Practice for the Prevention of Major Industrial Accidents and OECD's Guiding Principles on Accident Prevention, Preparedness and Response. Product Stewardship o Formed a broad-based product life-cycle assessment work group (including representatives from packaging and consumer-product groups) to develop industry positions and advocacy; o Conducted research on public meed and requests for s non-emergency access national MSDS repository, coordinating with the CMA National Chemical Response and Information Center (NCRIC) and developing dialogue with OSHA and other outside groups considering MSDS repositories (Organization Resource Counselors, Chemical Abstracts Service); VV* 000004? V* o Developed chemical industry position on environmental labeling and formed environmental labeling coalition with other trade associations; o Commented on environmental labeling to the States Attorneys General during bearings to develop the Green Report, which included recommendations for voluntary action by industry; and o Joined the American National Standards Institute (ANSI) U.S. subgroup to participate in developing the International Standards Institute (ISO) guidelines for the use of environmental terms in labeling. Pollution Prevention o Developing positions that call for strengthening of existing chemical control mechanisms under the Toxic Substances Control Act (TSCA) as an alternative to proposed legislation amending RCRA, Community Right-to-Know (SARA 313), and the Clean Water Act that focus on reducing or banning chemlcala used in product manufacturing. Risk Assessment and Risk Management o Initiated the Risk Assessment/Management Dialogue Group (RDG) to improve and reeommend constructive changes in the area of risk assessment, including 1) improving the application of science to " the risk assessment paradigm; 2) improving exposure assessment; 3) clarifying the appropriate uses of risk assessment; and 4) Improving risk communication; o Strengthened industry advocacy efforts through third party dialogue on environmenta1 accountability among industry, environmentalists, and government leaders for discussing environmental risk issues and undertaking voluntary environmental actions; o Developed model legislative language for risk assessment/ management and a risk outreach program aimed at the Administration, Congress, Federal agencies, and other groups; o Supported implementation of the recent Clean Air Act (CAM amendments, including the National Academy of Science's study on risk assessment methodology, the Risk Management and Assessment Commission, and the credit for early reductions program; o Worked with EPA to modify new inhalation reference concentration guideline and upcoming revisions to other non-cancer risk assessment guidelines: o Commented against the use of worst-case exposure assumptions to develop action levels and other regulatory limits in rulemakings under RCRA, CPSC, and Superfund; and o Improved CKA's risk assessment advocacy effort by conducting a statistical analysis evaluating the uncertainty in worst-case exposure assumptions used by regulators in risk assessment. Hazard and Risk Communication o Initiated the ANSI Standards process to develop an American National Standard for the Preparation of MSDSs; o Completed a joint research study with OSHA on the effectiveness of CHA's MSDS Guideline* and developed a videotape promoting its use; 7- VVV 000004731 it o Initiated a study to test the effectiveness of commonly used phrases to communicate hazard; results will be incorporated into the proposed ANSI standard; o Continued dialogue to gain an international consensus on MSDSs, hazard classification systems, and consistent U.S., Canadian and European hazard communication requirements; o Submitted comments to the Mine Safety Health Administration (MSHA) on proposed hazard communication rule and to the Consumer Product Safety Commission (CPSC) on proposed rule for labeling consumer products for chronic health hazards; and o Advanced the HEDTREC Initiative to Improve emergency medical treatment information on industrial chemicals through establishing relationships between CHEMTREC and regional poiaon centers and developing emergency medical management protocol. Responsible Care* Community Awareness and Emergency Response (CAER) o Continued to assist member companies in implementing the CAER Code by developing a CAER Progress Report, Q & A document, Crisis Management Planning Guide and Video and Resource Computer Disk; and o Conducted regional plant visits with Responsible Care* program to assess the needs of smaller member companies in implementing the CAER Code and worked with EPA on small business concerns through the Networking Roundtable. Product Stewardship o Completed draft Product Stewardship Code, incorporating broad membership input through a series of quarterly open meetings; and developed draft Product Stewardship Code resources. Employee Health and Safety o Developed draft Employee Health and Safety Code of Management Practices and reviewed code with health and safety professionals and member company employees; and o Developed draft resource guide to facilitate code, implementation. Epidemiology Resource and Information.Center (ERIC) o Published "Guidelines for Good Epidemiology Practices for Occupational and Environmental Epidemiologic Research" and "Occupational Epidemiology Resource Manual;" o "Guidelines for Good Epidemiology Practices" endorsed by the CEFIC (European Chemical Industry Council); o Promoted ERIC materials through workshop on quality management of occupational epidemiology programs; o Developed additional ERIC resource materials on ecological analysis as an epidemiologic research method, identifying and responding to disease clusters and quality management for occupational epidemiology program*; and o Developed guidelines for tke collection of industrial hygiene exposure assessment data for epidemiologic, use. WV 000004732 -8 * i 1991*1992 PRIORITIES o Enhance the committee's advocacy process, long-term planning and effectiveness; Toxic Substances Control Act (TSCA) o Actively promote educational efforts for both member companies and EPA; o Promote uniform, consistent regulatory guidance while discouraging retroactive interpretations on all TSCA-related issues; o Advocate and achieve sensible revisions to EPA's FMN rule and present chemical nomenclature system; o Increase advocacy efforts on EPA's information management efforts under TSCA Section 4, 5, 6, 8, 12, and 13; and o Advocate integrating domestic and international testing program requirements, regulations and product assessment criteria. Occupational Health and Safety Aet (OSHA) o Preserve the integrity of OSHA authority in the workplace in efforts to reform the OSH Act; o Advocate performance-oriented health and safety standards, Including generic medical surveillance and exposure assessment; o Advocate reasonable revisions to OSHA's Occupational Injury and Illness recordkeeping and reporting guidelines and develop an effective, credible working relationship with the newly established OSHA Office of Statistics; and o Promote the development of a streamlined, performance based Ergonomics Standard and address OHSA's increased emphasis on substance abuse and reproductive and developmental hazards. Risk Assessment and Risk Management o Increase advocacy on exposure assumptions in waste, water and air regulations: and o Advocate appropriate risk assessment and management framework to properly focus national priorities. Responsible Care* Community Awareness Emergency Response (CAER) o Assist the CMA membership in coordinating site emergency response plans with the community; and o Assist the CMA membership in reaching out to the community to meet their obligations under Responsible Care* and the CAER Code, as well as comply with SARA Title III "Right to Know" requirements. Product Stewardship o Implement the Product Stewardship Code of Management Practices through resource guides and workshops; and o Develop outreach initiatives to customers, distributors and other downstream users. VVV 000004733 -9 Employee Health and Safaty o Implement the Employee Health and Safety Code of Management Practices through resource guides and workshops Epidemiology Resource and Information Center (ERIC) o Advocate the greater use of epidemiologic studies and human evidence in making public policy decisions and in risk assessments; and o Develop framework for facilitating collaborative community research studies* RESOURCES EMPLOYED (1990/91) 1) Member Company Personnel: 375 representatives from 69 companies participated in 243 task and work group meetings. This number does not include pre and post meetings activities, telephone conferences, internal company coordination, travel time or informal meetings with CMA staff. Speaking engagements on behalf of CMA are also not included, (for details see attachment 3A & B) 2) Direct Staff Support: Full time services of 9 technical staff executives and 6 support staff were employed in the management of the committee's business. 3) Indirect Staff Support: Additionally, 3 legal counsels, 2 government relations staff and 2 communications department staff provided at least 50 X of their time to health and safety issues. Technical administration contributed an additional 1 1/2 person years, 4) Outside Purchased Services: Expected expenditures for outside purchased: services during FY 91/92 is $666,900 divided as fallows: $114,800 for product programs & T5CA issues; $89,800 for occupational safety and health issues; $351,800 for risV assessment/risk management issues; $59,500 for the community awareness and emergency response (CAER) program; and $51,000 for ERIC issues. MEMBER COMMUNICATION. SUPPORT AND OUTREACH ACTIVITIES The Committee developed materials for monthly newsletters, special alerts and reports to CMA members and allied groups. It hosted 26 seminars, workshops and open meetings, and published 5 major documents or videotapes. External contacts included regulatory groups and allied and non-sllled associations and coalitions. (A more detailed listing of outreach activities is included as attachment 4.) VVV 000004734 PROJECTED NEEDS o Increased resources for drafting and developing CMA comments; o better Identification of association priorities; o electronic mail for preparing documents and comments; o member company human resource expertise to assist in developing policies and advocacy on health and safety issues that impact company personnel policies; o member company participation in product stewardship outreach; and o editorial and production assistance for CHA publications. CMA August 1991 -11- yVV OOOOQ^J^^ 1990/91 HSC ANNUAL REPORT ATTACHMENT 1 HEALTH AND SAFETY COMMITTEE fUlfOSEli The Committee oversees Association programs concerning human health and safety. The Committee will: identity- key health and safety issues aid focus on matters at greatest significance to the chemial industry: establish spe cific objectives and mobilise resources to produce timely results: develop and recommend to the Executive Committee policies and positions on legislative, regulatory, and technical questions: prtwidc cost-effective support for authorized Asso ciation programs that enhance chemical industry productivity and competitiveness through health and safety programs: seek relief from unreasonable health and safety legislation and regulation by appropriate means: sponsor research and devel opment on human health and safety issues of widespread interest to the chemical industry. CHAtHNA!** CARY L. TER HAAR VtCECHAOUUN* LADD W. SMITH TERM ENDING MAY 31, 1993 EUGENE C. CAPALD1 ARCO Chemical Company. 19 Campus Blvd.. Newtown Square. PA 19073 SUSAN P. ENCELMAN Hoechst Ceianese Corporation. Route 202-206 North. Somerville. NJ 08876 MARVIN A, FRIEDMAN American Cyanamid Company. One Cyanamid Plaza.Wayne. NJ 07470 PHILIP C. LEWIS Rohm and Haas Company. P. O. Box 584. Bristol. PA 19007 RAINES B. LOCKHART. JR. Eastman Kodak Company. 343 State St.. Rochester. NY 14650 TERM ENDING MAY 31,1993 MARTIN W. FERRIS Air Products and Chemicals. Inc.. P.0. Box 467. Pensacola. FL 32592 JOHN J. KASPER Nalco Chemical Companv. One Nalco Center. Napen-iile. IL 60563-1198 NEIL 0. NEl'NABER Olin Corporation. P. O. Box 1355. Stamford. CT 06904-1355 urreatemm KATHRYN A. ROSICA LADD W. SMITH Occidental Chemical Corporation, 360 Rainbow Blvd. South. Niagara Falls. NY 14302 GARY L TER HAAR Ethyl Corporation. 451 Florida St.. Baton Rouge. LA 70801 TERM ENDING MAY 31,1994 MARK B. FINN Amoco Chemical Company'. 200 . Randolph Dr.. Chicago. IL 60601 ROBERT J. HUNT Chevron Chemical Company. P. O. Box 5047. San Ramon. CA 94583 JOSEPH E. LeBEAU The Dow Chemical Company. 2030 Building.. Midland. MI 48674 ROBERT G. UNK Union Carbide Corporation. P2599. 39 Old Ridgebury Rd., Danbury, CT 06817 JORGE C. OLCUIN E. I. du Pom de Nemours & Companv, N11498. 1007 Market St. Wilmington, DE 19898 000004736 1990/91 HSC ANNUAL REPORT ATTACHMENT 2 To assure consistency in CHA's application of CHA policies and positions across the many lavs and regulations and to address the broad scope of regulations, the Committee is organized as a functional matrix of expert task groups. The Committee activities are organized under: 1. Product Programs & TSCA - advocating strategies to foster product stewardship processes and regulations that meet needs both domestically and internationally 2. Risk Management & Assessment Methods - promoting a technical, social, and political framework that will allow risks to be reduced, while improving U.S. economic health and regaining the credibility of the chemical industry 3. Occupational Safety & Health - promoting effective management strategies to assure the health and safety of all people Involved with the research, development, manufacturing, processing, distribution, use, and disposal of chemicals 4. Community - ensuring the safety of our facilities, strengthening our emergency response capabilities, and broadening community awareness of our operations VVV 000004737 HEALTH ANQ P4FETT COMMITTEE ORGANIZATION HEALTH AND SAFETY COMMITTEE Ter Haw Rosies STEERING TASK GROUP Smith Enak* 6QM1 FY91VW PRODUCT PROGRAMS A TSCA T Editing Chemical Testing TO (Heunaber) Tiity Wise-Chairman I KM-- Chafl^l. TV r(Keefer) | Currie Coodrsy-Chairman ChemJl Reporting TO (Friedman! Layne KeMh-Chairmnn I Product Safety IP (liunt>j Cofta Mortimer -Chairman COMMUNITY CAERTG (Ferris) j Hastings Hinton-Chairman Product Programs A TSCA Ter HaanTOrey Community Ferris/Heatings Occupational Safety A Health - Capakti/CreedDn < Risk Management A Assessment UBem/LockhaiVKing Education and Planning - Neunaber < i-Smith , I ~--, I------------------------------ , | OCCUPATIONAL 8AFETY AND HEALTH | |RISK MANAGEMENT A ASSESSMENT! Health Pwmr--aTn (Lewis) I Creedon Thomas-Chairman Ad Hoc Risk Study Group (LeBeau) | King Slgman -Chairman (Link) | Duker Lawrence-Chairman Industrial HwLae ham TO (Otguio) | Creadon Reaves-Chairman I Euioloraa Heahh and Safety Code (Smith) I Tirey Kwnp-cjlMngjn Sefentlflc laauea TQ_ (Lockhart) | King Kaplao-Chairman (Sna) | King Park-Chairman Baaoaurt Aaseasment TG (Finn) | Currie Hakkinen-Chairman Evana-Chairman Ijimiwgieal Assessment TQ (Lockhart) Currie Biddlnger-Chairman /> Enideniioloar TG (Engelman) Tirey Fayei weather-Chairman 8 **oooqo i) HSC Sponsor 1990/91 HSC ANNUAL REPORT August 1991 Member Company Air Products Albright & Wilson Allied-Signal American Cyanamid Amoco ARCO Ashland ATOCHEM BASF Corporation Bayer USA BFGoodrich BP America Cabot Chevron CIBA GEIGY DeGussa Dow Chemical DuPont Eastman Eastman Kodak Eli Lilly Ethyl Corporation Exxon FMC General Electric GE Silicones, GE Plastics Georgia Pacific Grace Specialty Marwick Hoechst Celsnese Hoffman I.aRoche Huls America ICI Americas, Inc. INCO Ltd. Interchem, Inc. Johnson Wax Kerr-McGee Kronos Lubrlzol Mallinckrodt Mobay Mobil Monsanto Morton International Nelco NOVA Corp. of Alberta Representatives 4 1 6 9 10 10 3 3 8 1 2 5 1 13 9 1 25 20 6 10 1 5 18 1 2 4 1 10 1 21 1 1 9 1 1 1 3 1 4 3 1 10 20 1 5 1 ATTACHMENT 3A Page 1 VVV 000004739 1990/91 HSC ANNUAL REPORT ATTACHMENT 3A August 1991 Page 2 Member Company Reoreswtatives Occidental Chemical 01in Corporation Owens-Coming Fiberglas Phillips Petroleum Procter and Gamble Quantum Chemical Reichold Rhone-Poulene Rohm and Haas Sandoz Crop Protection SCM Shell SmithRline Beecham Texaco Inc. Tremco Unical Union Camp Union Carbide Univar Velsicol Chemical Vista Vulcan 3M n 46 2 2 3 5 1 32 1 2 m t 3 1 J 1 29 2 2 1 2 9 TOTAL: 69 TOTAL: 375 VVV 000004740 1990/91 HSC ANNUAL REPORT ATTACHMENT 3B Task/Work Group Meetings Held in FY 1990/91 Group Number of Meetings Risk Assessment Task Group Scientific Issues Task Group Risk Assessment & Management Methods Focus Area Ad Hoc Study Group on Risk Product Safety Task Group Product Stewardship Code Drafting Work Group Hazard Classification Harmonization Work Group Life Cycle Analysis Work Group Environmental Labeling Coalition Safety Programs. Task Group CAER Task Group Existing Chemical Testing Task Group Employee Health & Safety Code Drafting Group Epidemiology Task Group Product Programs & TSCA Focus Area OSHA Focus Area Group Health Programs Task Group HEDTREC Work Group Health Surveillance Work Group OSHA Legislation Group Industrial Hygiene Issues Task Group Respiratory Protection Programs Work Group Exposure Assessment Workshop Planning Group Biomarkers Work Group Ad Hoc Worker Participation Work Group Existing Chemical Control Task Group Exposure Assessment Task Group Environmental Hazard Communication Work Group Ecological Risk Assessment Task Group Chemical Reporting Task Group Polymer Exemption Group MSDS Work Group 14 6 6 4 9 12 3 2 5 6 12 11 12 9 5 4 9 8 3 3 8 3 4 3 3 ]9 16 5 10 11 5 11 TOTAL: 243 VVV 000004741 1990/91 HSC ANNUAL REPORT ATTACHMENT 4 MEMBER COMMUNICATION, SUPPORT AND OUTREACH ACTIVITIES: Newsletters: o Health and Safety Committee Newsletter distributed bimonthly; o Health and Safety Alerts (average 1 per month); and o CAER Newsletter distributed 11 times a year. Workshops and Open Meetings: o o o o o: o' 'o o o o o sponsored an educational forum for Industry representatives on Environmental Illness entitled "Perspective on Environmental Illness: An Industry Forum"; API, CMA, NAM, ORC, and SOCMA will jointly sponsor a workshop entitled "Workplace Exposure Assessment: An Integrated Approach for the 90's -- Is Your Company Ready?" (scheduled for November 12, 1991); "Quality Management of Occupational Epidemiology Programs" (ERIC Workshop - March 12-14, 1991); "Multimedia Models and Human Exposures through Multiple Pathways from Air, Water, and Soil" workshop; four Responsible Care* Product Stewardship Code open meetings; Responsible Care Employee Health and Safety Code open meeting; five bimonthly TSCA Information Forums; three regional MSDS Guideline training workshops attended by 350 representatives from Industry and the private sector; cosponsored with SOCMA a three day TSCA Compliance Workshop; three regional MSDS Guideline training workshops; and five CAER workshops on Community Outreach. Publications: o "Guidelines for Good Epidemiology Practices (GEPs)"; o "Occupational Epidemiology Resource Manual"; o "Decision Analysis and Quantitative Risk Characterization: Information-Analysis Based Risk Characterization"; and o "TSCA Awareness Manual." EXTERNAL OUTREACH o Established and maintained environmental illness issue contacts within the medical community, industry, other associations, professional organizations, and other interested parties to exchange information; o worked regularly with the International City Manager's Association on issues related to the coordination of community emergency response plans; o coordinated and worked closely with Canadian industry to gain consistency with U.S. TSCA polymer reporting requirements; o discussed with Japanese industry delegations current and possible changes to TSCA provisions; and o completed a joint project with the National Library of Medicine to study the feasibility of Data Documentation Completeness Indicators to improve quality of health and safety studies included in computerized databases. VVV 000004742 .. chemical manuficmrerspst such an^pporturaty. Major voluntary industry efforts such as CMA's ResponsiS' . bie Care initiative underscore the leadership role CMA's .v Y-***-*-'flt. .>w*'::' - yy '3 . ^ : : members.Bave assumed^Through this performance improve- y'^rment inidative* GMA?ftiemberi have publiclv committed them* * 'J"' vselves to addressing the health, safety, and environmental -.challenges'facing.the industry- The result will help CAIA members gain a higher level of respect from the puui:~nd ::v> ' -v-.- others involved in the policy development arena. '.A. i VVV 000004744 WPr. Kf:*'-& Other examples of the achievements CMA has been able to attain on behalf of the chemical manufacturing community include: and ^eguiatorv Acvocauy Through its advocacy efforts, CMA: Virtually froze the chemi cal feedstock tax during Super fund reauthorization even though total funding increased from $1.6 to $9 billion. Asa result, the chemical industry's share of total funding dropped from 80% to 20%. In 1990, CMA successfully worked to get a four-year extension of the existing rates for Superfund taxes. Annual value to che industry -- at least $1 billion. 9 Obtained major revisions to the Pollution Prevention Act resulting in its transforma tion from a punitive statute requiring specific reductions in chemical usage and emissions/releases to a more flexible law requiring only additional data reporting tied to SARA 313 chemicals. Annual value to the industry -- at least SI billion, : Provided leadership and funding to help defeat Propo sition 128 (.Hayden Initiative) in California. According to the state's legislative analyst, this measure would have had a cost impact on industry' of $10-12 billion. Achieved greater federal uniformity for laws and regu lations governing the transportation of chemicals. CMA took a leading role in seeking the adoption of the Hazardous Materials Transportation Uniform Safetv Act of 1990. This law pro vides that state laws and regulations have to be substan tially the same as those promulgated by the federal government, thus significantly reducing compliance costs and avoiding regulatory conflicts. Led the effort to ensure that industrial boilers were kept out of the acid rain provi sions of the new Clean Air Act. \t present, neither S02 nor the XOX emissions apply to industrial boilers, a substan tial cost savings for the chemi cal industry. Was successful in its efforts to ensure th.it process patent protection was part of the 1988 Trade Act. jknnuai value to the industr\ -- .it least S200 million. Obtained a five-vear. 200% declining balance treat ment for chemical manufacturing equipment under ACRS in 1986. an annual value to the industry of $775 million. The chemical industry was the only heavy manufacturing sector to receive improved depreciation in the Tax Reform Act of 1986. In 1990, CMA success fully persuaded the Treasury Department to postpone its scheduled study of depreciation in the industry for one year because of the impact of the clean air legisla tion on industry equipment and processes. `i Successfully opposed sev eral new energy and environ mental tax proposals that would have undermined the international competitiveness of L.S.-based manufacturin'!, especially the chemical indus try. Throughout 1990, Congress and the Administra tion considered and reiected several proposals that uouiJ have increased industry tax costs by as much as S3 billion .innuallv. The rejected proposals included broadbased (ad valorem or BTU equivalency) energy taxes, car bon taxes, emissions taxes, and virgin materials taxes. VVV 000004745  Secured a 15-month extension of both automatic allocation of 64% of U.S. research expenses to U.S. income and of the research and experimentation tax cred it. Value to the chemical industry-- S600 million. Obtained favorable tax provisions for treatment of research and development expenses, foreign tax credits, and replacement of the Domestic International Sales Corporation (DISC) by the Foreign Sales Corporation. Together, these measures have saved the chemical industry approximately $1.65 billion annually in addition to a one time gain ot S3 billion on taxfree repatriation ot tax-deferred earnings under disc;. Secured changes to a TSCA Kfe) Compliance Audit Program removing a requirement for companies participating in a voluntary audit program to be held in violation when reporting "sub stantial risk information'' to EPA. .Also, convinced EPA to work wich C.UA when devel oping additional regulatory guidance in this area. Convinced Congress that absolute risk limits were not necessary or desirable in setting permit limits in the Clean Air Act reauthorization process. Convinced the Environ mental Protection Agency to continue to allow exemptions of manv wastewater operations from the "Land-ban" rules. Annual value to the industry -- $500 million. Provided information to the .Maryland Chemical Indus try Council that was instrumental in the defeat of a bill that would have repealed the sales tax exemption for equipment used in manufacturing and research/development. This would have cost the manufac turing industry m Maryland approximately S47 million. i Provided economic infor mation to the chemical industrv councils in New- York, Illinois, and Texas that assisced in the defeat of bills chat would have taxed SARA Title III emissions. In New York alone this rax would have cost the industry S^.75 million. Working as a leader in a coali tion of other interested groups. CALAwas instrumen tal in: Defeating a legislative amendment calling for the electronic tracking of all trans port shipments of hazardous materials. -Annual value to the industry' -- S2 billion. 1 Promoting open-access, non-discriminatorv transportation of natural gas on interstate pipelines. Items addressed include rate design, open access to outer continen tal shelf gas, pipeline capacity assignment, liberalization of construction and transportation rules under $3 1 i of the Natural (las Poli cy Act. and bvpass ot local dis tribution companies. Annual \ able to che industry -- S1 bil lion. - Seeking tederal uniform product liability reform. Removing (mm the bud get Reconciliation \_r prow sion that would h.n. e . o.mdeti che scope of criminal s.nivuor.s under the ()ccupation.i! `s iretv and Health Act. * Developing and commu nicating basic themes that proved to be the foundation for industry positions on leg islative and regulatory issues, with emphasis placed on avoiding burdensome regula tions and taxes. CAL^ consis tently focused attention on the effects of governmental action on international competitive ness of the chemical industry and U.S.-based manufactur ing. J Developing effective liaisons with representatives from the transportation indus try to focus on improvements that can be made to further safeguard against unintention al releases of chemicals. VVV 000004746 Information Programs Vo i notary P'ograms MA provides a forum for Cthe dissemination of information that will assist the membership in its compliance efforts on interna tional, federal, and state legislative and regulatory activities. Over the past year, CMA has made available com prehensive workshops and seminars for its members in thwart?8 of environmental management, process safety, risk management, emergency response, chemical distribution, community awareness, communications, and legal responsibilities, among others. Members are provided discounts for atten dance at these CMA. funcdons. CMA has also produced many publications that help its members in their efforts to operate more efficiendy. For instance, in the economic area. CMA publishes a yearly review and monthlv industry profiles. .Another CMA publi cation provides an economic forecast for the chemical and service industries. These valu able services are made available to CMA members to assist in their strategic planning processes. Hundreds of other publications and videos are also available to enhance CMA members' operations. CMA's members have taken a leading role in: Developing the Responsi ble Care initiative. This effort is designed to respond to growing public concerns about the safety of the chemi cal industry. Through the development of Codes of Management Practices and adherence to the Guiding Principles of Responsible Care, CMA members are tak ing a leading role in controlling their destiny. CMA members are implementing codes dealing with Community Awareness and Emergency Response, Chemical Transportation, Pollution Prevention, and Process Safetv. Through the Product Stewardship Code, downstream users of chemicals will become involved in the Responsible Care initiative. Performance improvement and communications are essential components of the overall initiative. Enhancing hazard communication through the development of an industry standard for labeling, a proposed American National Standard for material safety data sheets (MSDSs), and an international consensus on MSDS requirements. These efforts are leading towards fur ther international harmoniza tion in the hazard communication area, remov ing practical barriers to trade and burdensome inconsistent requirements. Developing the National Chemical Response and Infor mation Center, a multifaceted operation designed to assist responders at hazardous mate rials emergencies. One part of this operation includes CHEMTREC, which maintains a data base of emer gency information on over a million chemical products. This system is recognized by che Department of Transportation as the top . source for providing assistance to emergency responders. Establishing the Commu nity Awareness and Emergen cy Response (CAER) initiative, now incorporated as part of Responsible Care*. Through this initiative, com munities located in proximity to over a thousand chemical plants have benefitted from the industry's outreach efforts. Local emergency response and industry and community rela tions have improved significantly through C.AER. Developing an international voluntary testing program to screen high production volume chemicals for health and environmental effect. By working through the Organization for Econom ic Cooperation and Develop ment (OECD), more chemicals will be tested, while at the same time, a more costeffective and equitably distributed approach to testingcan be taken. VVV G000G4747 Special Activities n addition to its technical, Ilegal, international, federal and state government rela tions, and communications activities, CMA operates the Chemical Self-funded Techni cal Advocacy and Research (CHEMSTAR) Division. CHEMSTARls activities include 53 chemical specific panels and five business coun cils. Irvl989-90, CMA man aged $11 million under the CHEMSTAR Division for research, consultants, legal counsel, and panei management. Examples of the benefits CHEMSTAR provides includes: 1 The Butadiene, Ethylene Oxide, and Phosgene panels worked together to address fugitive emissions measurement issues raised by EPA. The panels conducted actual measurements of emis sions and compared the data with amounts reported under SARA 313. The panels were able to show that emission amounts estimated by EPA were greatlv overstated. This effort saved the industry S2-3 million in new emissions con trol technology development. The Chlorine Dioxide Panel conducted educational workshops on the safe handling and use of chlorine dioxide. The workshops were geared toward educating users and regulators. This effort convinced both users and reg ulators that chlorine dioxide can be used safely, which not only kept chlorine dioxide on the market, but increased che customer base. By avoiding a regulation ban ning some uses of the chemi cal, the panel saved the indus try $3 million. The Carrier Assessment Council is developing a thirdpartv carrier safetv evaluation process that can reduce the costs individual chemical ship pers incur for screenine the safer,' programs of suppliers of transportation services. or- CHEMICAL MANUFACTURERS ASSOCIATION