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inter Office MEMO fO PILE Car Engineering August 22, 1979 Subject: Asbestos Tbs attached pages bars been selected to represent the increased activity In newsletters, "newspapers", and Washington related sources in the tor/haz area, especially concerning asbestos. There are many more, but the important pressures are clear: 1. The slant ia toward asbestos eliaination, 2. There is an increased mood supporting "no safe level of exposure". 3. Imprisonment and fines for corporate managers are being stressed, 4. Some members of Congress ore becoming vocal. An example is & quote imi'rig "a legacy of four decades of cover-up.........." 5. It is being emphasized that OSHA may issue standards without substantiating the health benefits. 6. There ie draft regulation in the works. 7. Thera is an advanced notice for proposed rulemaking to TSCA. S. There is an umbrella being considered as an "overall approach to cancer"...which supports those factions favoring total elimination of asbestos. ' ?. Gaskets arvj brakes are sometimes covered specifically but, even more dangerously, would be subject to broad general rulings where specifications would be more difficult. 105532 002953 PRODUCED BY FORD luy z. 1979 Tnjiic Materials News --------------- SINGLE DOSE OF YCM CAUSES TUMORS IN LABORATORY MICE, CPSC REPORTS .. A, single high dose of vinyl chloride monomer gas has been found to cause tumors in laboratory mice, Consumer Product Safety Commission reported April 26. Prelimi nary results of a four-year, $700,000 CPSd study have Indicated, for the first time, that inhaling one high dose of a fcnpwn carcinogen may cause cancer in animals. Aa a result, CPSC la now suggesting that a one-time exposure to VQt, or possi bly other similarly acting carcinogens, occurring in connection with an accidental apill, "could threaten workers at the epillage site, public safety personnel, and perhaps even nearby residents." - During the study, laboratory mice and rats were exposed to 7Q1 for one hour at levels of 5,000 and 50,000 parts per million. The animals were allowed to live their normal life span, then examined far evidence of tumora. Pulmonary tumors, both be nign and malignant, were comaan in the mice, although not in the rets. A concurrent reproduction study shoved no evidence of mutagenic or teratogenic effects. According to CPSC'b Joseph McLaughlin, project supervisor, this study is the first to assess the effects of short-term exposure. VCH was selected for the study because its carcinogenic effects are veil known, but CPSC says that further a'nort- tenv.high^dose studies of other carcinogens may be appropriate. Study was conducted by Bernard McHamara and his staff at the Chemical Systems Laboratory, formerly the Edgevood Arsenal at Aberdeen Proving Grounds in Maryland. Results are now undergoing review by other government cancer experts, notes CPSC, which -will assess their regulatory implications. Copies of a draft susmsry report are available from Office of the Secretary, CPSC, Boom 300, 1111 ISth St., N.W. Washington, D.C. 20207, _^ * * NICSH CHIEF URGES ELIMINATION OF ASBESTOS IN ALL NON-ESSENTIAL USES All non-essential uses of asbestos should be eliminated end no further uses permitted, according to National Institute for Occupational Safety and Health Di rector Anthony Robbins. Testifying May 1 before the House Subcommittee on Labor Standards, Bobbins said that "sufficient research has been conducted to conclude thet asbestos is so hazardous that less toxic substitutes should be used whenever possible so that future generations of workers will not bave to suffer debilitating or fatal asbestos-induced disease." i Robbins said he could not accept the industry complaint chat, "Gee, 1 don't 'have a substitute," and he called for studies to establish m-t-rHiniTm essential uses of asbestos and to document the "life cycle" of the mineral from mining to disposal. NIOSH has previously advocated tougher workplace standards for asbestos, explaining that '"because It is not possible to specify a safe exposure level for a carcinogen, only a ban on the use of asbestos can ensure complete protection against this min eral 's carcinogenic effect Epensation for Aabestos-Relatef^ Illness The subcommittee hearing was one in a aeries on the need to provide workers' compensation benefits for specific Job-related Illnesses. Previous hearings have focused on cotton dust victims; others are planned to consider workplace hazards involving respiratory illnesses, radiation and chemicals. With respect to asbestos, Albert Einstein Hospital's Dr. Leon Candor testified that criteria for establishing eligibility for compensation should include a list of asbestos-related diseases, criteria for diagnosis with a system of> case review, m-nA criteria for establishing disability from asbestos exposure. - Rep. Millieent Fenwick (R.-N.J.) led off the hearing la support of her bill (H.R.274P) to compensate victims of asbestos-induced disease aa well as members of the workers' household and surviving dependents. Fenwick's bill is apposed by Rep. John Erlesborn (H..-T11,), who does not favor a disease-by-diseaae approach to vasters' compensation and who also opposed efforts to compensate textile workers stricken with brown lung disease ns t result of exposure to cotton dust. ' t -v- - J` , . V1 ( h. .u &- Jb 002954 PRODUCED BY FORD I Page 140 Topic Materials News May ?. i*79 EFFICACY WAIVER IN CONDITIONAL RESlSTRATION MEETS WITH USDA DISAPPROVAL Environmental Protection Agency's plans to allow conditional registration of pesticides without reviewing efficacy data submitted in support of new or old uses of a product have been criticised by the Agriculture Departrent. Commenting on the new rules for temporary pesticide registrations, USDA said the lack of an efficacy review could lead to approved pesticides with "leas than desirable formulations" which could jeopardize the production of agricultural resources. - The Federal pesticide law requires EPA to solicit the opinions of USDA before the rules can be promulgated. USDA'a comments and EPA's response Ed them are the last procedural requirements needed before the Administrator can sign off on the rules. His signature la expected within the next two weeks. Barry Flams, USDA'a Coordinator for Environmental Activities, wrote EPA that It "is essential that adequate supplies of efficacious materials" he available for farmers. He said the lack of an efficacy data requirement could allow ineffective or pKytotoxic products to reach the market. EPA hopes the waiver of efficacy data requirements will help speed up additional registrations, hut Flaam said USDA fears the real result will be the Introduction of poorer quality pesticides. EPA Will Re-evaluate Efficacy Waiver " EPA Deputy Assistant Administrator for Pesticide Programs Edwin Johnson, in an April IE letter, replied that the new waiver policy is intended as an experlnent to speed the registration process by reducing the burden on pesticide registrants and by concentrating agency reviews on potential harmful side effects of the products. He reminded USDA that both agencies had supported the plan during Congressional hearings. EPA Is counting on the market to weed out non-efficacious products, - Jwiimjon^SHlTj/TJur'^hfll.aa" CiVlT.'E?K'WT.ii' ri-evaiuate_ the wafver plan TtlT^TalTsTci" produce the desired benefits or abuses begin to develop." USDA also said that the final interim regulations "do not adequately describe data requirements" for conditional registration, and the department does not see how the rules will result in lower registration costs. Johnson answered that "data re quirements for chemistry and efficacy are spelled out in detail" in the rules, and EPA is asking for risk assessments of individual new use patterns. Lower costs that EPA projects will result from implementing the additional registration process will be achieved because of the "deferred testing provisions." Johnson noted that experience has shown it has been the cost of testing necessary for a formal registration that has been the "Inhibiting" factor slowing down regis trations over the past three years. However, Johnson added that the savings are Intended only for the time being and that testing requirements will have to be incurred aa planned generic standards become effective. ULV APPLICATIONS TO BE POSTPONE Despite some real benefits to be gained from using ultra-low volume (ULV) applications of pesticides. Environmental Protection Agency has decided not to allow pesticide applicators to deviate from recomsended label directions, at least for this growing season. Forwarding a special EPA report on ULV methods to Congress, Assistant Administrator Steven Jelllnek said the agency would be issuing an advisory opinion to this effect In Kay. However, a second advisory will also be issued by Che next growing season, Jelllnek said, that will allow more user discretion In diluting pesticides. These options may taka the form of performance standards which would specify end results for drift, residues and health impacts, he said. - FA*'s decision to postpone use of ULV methods relies on the report by an agency study group which concluded that, based on available data, the advantages of ULV methods "are not sufficient to outweigh the potential adverse effects on man and environment." Study group noted that these hazards preclude most benefits of ULV uses because the risks associated with the alternatives have not yet been evaluated. When these risks are assessed, the agency would then be in a position to grant exemptions which could be besed on "inherent hazard rather than assumed safety," the group said, - 002955 ) 1 I | \ PRODUCED BY FORD I f L < V jg?27. ^ Topic Materials Newslr8e 205 g) STATES BEQUEST MORE MONEY FDR HAZARDOUS WASTE CLEANUP ' ' - "'I' ` ' Representatives of New Tort, Hew Jersey, Michigan end Kentucky have appealed for I/ 1 Senate support for sore -money for baaardoua waste cleamq), claiming the-Admlaisera- tion's super fund proposal -allocating $300,000 for enmrgency -aid "will hardly a dent" in the problem of bringing chemical waste dumps under-control. - Disadvantaged by the lack of time to adequately -study 'the' new hill, state offi cials -told a Senate Joint Committee June 21 that they were uncertain whether dump* sites la their states would even be covered by the administration proposal^ -which allocates money 'for emergency -measures and for containment, not cleanup. Senator Bill .Bradley (D.-N.J.) said "containment"-is "hardly sufficient"1 for the New Jersey site formerly owned by Chemical Control Corporation where pounds of explosive chemicals ` have been found recently. Bradley estimated that $10-mlUlon would be needed for per manent cleanup of this site which would nofbe covered under the auperfun^ proposal. (Off-site disposals ars not covered unless these costs are less than the cost of'20- year containment.) ! " Glenn Paulson, Assistant Comnissiouer for New Jersey's Department of Environ- _ mental Protection, termed the $300,000 emergency aid "wholly unrealistic," since evacuation costs alone often exceed this. Regarding containment costs, Paulson esti so:mated the state's share, which goes up from 102 of costs exceeding $200,000 to of this excess for muni tip ally-owned or state-owned dump sites during the first year, would cost New Jersey between $300--600-sd.llion. ***._, NO -5/\ FE LB\JEL OF NCTR ANIMAL BIOASSAY REFUTES CONCEPT OF 'THRESHOLD DOSE'.FDR CARCINOGENS ^ * po5{J^ & National Center for Toxicological Research released results June 15 which under mine the hypothesis that some carcinogens have a threshold dose which must be ex-__ needed before these chemicals cause cancer, , In a 24-33 month carcinogenicity bioassay in which 2-acacylaminofluorene, a ( known carcinogen, was administered to 24,192 female mice, NCTR toxicologists found cancer in animals treated at even the lowest doses. Liver cancer usually did not de velop in animals until IB monthB into the study. These tumors continued to develop in animals chat had been treated continuously for 24 months, or for only 9 months of the study. Incidence of bladder cancer in mice treated for only 9 months dropped, however. In comparison with the Incidence in animals treated for longer periods. NCTR Acting Director Thomas Calms said these results lend support to the policy of regulatory agencies to use the linear dose-response model (all doses down to zero cause some cancer) In estimating human cancer risk. This model 1s currently uaedby Environmental Protection Agency. - z i... NCTR said survival In the mice was very high, 902 at IB months, which prompted them to continue the tesCB in some animals for 24 months, end in others for 33 months. -t.-i. -*. i - f, ' -- ** EDF URGES CONGRESSIONAL LIMITS ON EX PARTE AGENCY MEETINGS ^ - - - - . _ - Explicit -restrictions on ex parte contacts between Executive agency officials ~ * anH other parties after 'the close of the public comment period on agency regulatory activities should be Congressionally mandated,'Environmental Defense Pund urged June 20. In testimony before the Senate -Governmental Affairs Comictee, ED? attorney Jedde Warren Bald that ex parte controls ere needed because "increasingly, ve are seeing the development of two separate rulemaking procedures." Tirst is the official public comment period. '" - ................... ' >r. - J-- - - Second is the practice of "secret coamunlcatlona from -high--ranking members of - the Executive branch as well as from members of Congress or private parties." These ex parte meetings ere s "gross abuse of the administrative process," Warren said be cause these meetings seem ho be at "the" decisive stage in formation of''controversial' new rules.'1'-- ''' ;* 1 J* _"***- Warren suggested that since it would be - Impossible to totally ban these meet--' _ lags, the agencies should keep either a transcript or detailed summery of these ex ' parta communications and allow the record to remain open for rebuttals.* " ,V* 002956 t i PRODUCED BY FORD 7Png* 206-------------- ojic Materials News.- --Juag 27. 1979 EPA SEEKS NEW IDEAS ON ENDING THE 'RACE TO THE COURTHOUSE1 SYNDROME . Open learning that the vail -deliver? of Che federal Register In acne areas of the country falls 7- to 10 dsyB behind its actual publication date. Environmental Protection Agency is seeking coianenta on how to provide "greater fairness" in the so-tailed "race to the courthouse" syndrome. - - . ;-r.- - -EPA has described this "race" as the attempt* by industry and environmental groups to he the first po file stilt in O.S, Appeals Courts against agency regula tions wider the Clean Hater Act (UN, June IS, 1979, p. 189). In a June 4 federal -BogArtqr notice, EPA acknowledged there was some confusion as to when -these groups and the'courts should consider an EPA rule "issued." EPA'a first proposal, that "1:00 pi*., eastern tine, one week after the rule's publication in the federal Reg ister 'would be the official publication tine. However, the agency now feels that this nay not be enough tine to ensure a fair race and is seeking ideas on the feasi bility of a longer waiting period. EPA officials point out that these rules nay also be used for similar situa tions related to Toxic Substances Control Act regulations If this "race" btcona a regular feature of future TSCA actions. Cosmenta on the propoeed racing rule are due Aug. 3 to: Bichard Stoll, Office of General Counsel, EPA 10468, (201) 755-0760,' ** TOXIC MATERIALS.NEWS IN BRIEF Rep. Albert Gore (D.-Tenn.) -has accused Booker's parent company, the Occidental Ch^iii cal Co. of a coverup In connection with Its pesticides disposal practices In Lathrop County, Calif. Documents released by Gore June 19 during House oversight subcommittee investigations of hazardous vasce sites indicated that the company knowingly dumped five tons of pesticides into the ground annually and did hoc In form county health officials, A 1976 Occidental memo noted that if the dumping stopped, "we may escape unnoticed." In 1977, another memo said that "Ve have de- atroved the usability of several wells in our area. If anyone should complain, we could be the party nsaed in on action by the Water Quality Control Board." That water board has asked its now attorneys to prepare the way to seek civil penalties from Occidental. - Meanwhile, rebounding from the bad publicity of love Canal, Hooker Chemicals and Plastics Carp. Is undertaking a S250-mllllon renovation program at Its Niagara Falls, N.T. site to improve the company's public Image and the facility's profit ability. Company spokesman, Bruce Davis, said the five-year project includes s facelift for the 100-acre aite to prevent Hooker from becoming a "tourist detrac tion" for Niagara Falls. Hooker plans to landscape Its grounds, hide less pictur esque areas behind trees, demolish roughly one-third of Its buildings and paint the remaining buildings In earth tones. - Occupatlonal Safety and Health Administration and National Cancer Institute have taken steps to protect workers removing asbeatos Insulation from public schools. Agencies announced June 20 a cooperative effort to produce educational materials on health hazards of asbestos and protective measures to be taken in working around the fibers. Project was undertaken because "It is imperative that the contractors hired by school districts across the country know how to protect the health of . workers who must reuns or contain asbestos materials," according to Assistant Secretary of Labor Eula Bingham. Educational materials will benefit school admin-- iterators, custodians and students since all might be exposed to asbestos If It ta__ removed or contained improperly._ - ... Deputy Administrator Barbara Blum announced June 20 that the namatodde D0C?_ has been found In Arizona drying water in sampling testa conducted by the Environ mental Protection Agency. DBCP tests turned up positive in 10 of 13 drinking water samples taken from Yuma County. .Only one of 18 samples from Maricopa County were _ positive for DBCP and no samples taken from Phoenix water supplies were contaminated., Blum said. Hater from Florida, Georgia, Hawaii, and South Carolina was found to be free of DBPC contamination. .Blum speculated that soil conditions accounted for_ why the .chevtical was found some areas and not in others since all five states ^ __ . still permit its use, DBCP was also detected in some California drinking water ... _ CUM, Bay 30, 1979, p. 174). ' ' -- 002957 , j PRODUCED BY FORD CHEMICAL REGULATION REPORTER A weekly review of activity attecting chemical users and manutacturers HI*--1?7* c Volume 3, Numbar 18 THE BUREAU OF NATIONAL AFFAIRS, INC Auguit 3, 1979 HIGHLIGHTS NO OMISSIONS of properly reported sub awaiting agency approval, would require notifica stances are found on the Environmental Protec tion of any production of the substances except in tion Agency's inventory in checking for over articles (p 729) 2,000 chemicals, according to agency staff. In countering industry charges that omissions have been found on the inventory, Assistant Ad ' mimstrator for Tone Substances Steven D. Jellmek says the printed version of the inventory would necessarily always be incomplete (p, 727) A HAZARDOUS EMISSION STANDARD which deals with benzene emissions from maleic anhydride manufacturing is expected to be proposed in early 1980, according to EPA staff who say the agency plans to issue six separate standards dealing with benzene emissions (p THE CURRENT DRAFT of reporting rules 730) developed under Section 0(d) of the Toxic Substances Control Act includes asbestos, chlorinated dioxins, and chemicals associated with the production of chlorinated dioxins The - latest draft of 8(c) rules exempts retailers from reporting and would require automatic reporting by manufacturers receiving more than three allegations a year (p 728) r THE OPTIONAL USE of United Nations ship ping descriptions and identification numbers would be allowed on certain hazardous materials under a propose] issued by the Materials Transportation Bureau (p 729, text p. 752). EPA WILL NOT MAKE DECISIONS based on the bel ef that quantitative risk assessments are precise, says EPA Administrator Douglas M. Costle m a letter to the Natural Resources Defense Council He says nsk assessments should only be used as "coarse indicators" of degree of IMPRISONMENT AND FINES would be im posed on corporate managers found guilty of con cealing information on health and safety hazards from industrial processes under a bill introduced by Congressman George Miller (D-Calif) after an investigation of the asbestos industry (p 730) FORMS AND INSTRUCTIONS for reporting substances to be included on the revised chemical substance inventory are distnbu.id by EPA to chemical processors and users (p 731, text p 747) BENZENE PRODUCERS accuse the Oc cupational Safety and Health Administration of exaggerating an appeals court ruling which struck down the agency's benzene standard A brief filed in the Supreme Court by producers asks the court to affirm the appeals court deci sion (p. 732) risk (p 729) EXISTING LAWS ARE INADEQUATE to deal FEDERAL AGENCIES should support and adopt integrated pest management strategies wherever possible, President Carter says in a message to Congress on the environment He suggests formation of an interagency committee with compensation, liability, and cleanup of spills of hazardous substances, according to EPA, Coast Guard, and environmental group represen tatives testifying at a House subcommittee hear ing (p 733) to coordinate IPM actions of federal agencies (p A CIVIL PENALTY of *35,000 is sought by 729) EPA from the Virginia Electric Power Company THE FIRST 8(a) RULE for individual sub stances to be proposed under TSCA is expected to r deal with polybrominated biphenyls and tris, acV cording to EPA staff. The proposal, now for improper storage and disposal of polychlorinated biphenyls The agency says it has collected *64,000 in penalties on seven PCS com plaints to date (p 734) Section 1 CopYnQfti * 1979 by Tha Bureau of National Affair* Inc. 0143'7973/7S/tOQ.SO 002958 PRODUCED BY FORD I CURRENT REPORT 731 0 When someone makes a decision to conceal infdnnAtitin Section B'e> of TSCA far example requires a manulzc about a product or an industrial process knowingfjiHweU lurer processor or distributor of a chemical substance or that the product or process jeopardizes sometpie s life mixture to immediaieii noufv the Environmental Prelec health or safetv I believe a criminal act hap'bcctUTed ' tion Agenci if he discovers information which reasonable Miner said JMOUSTfcY CQXft^'VP Asbestos and Chemical Hazard* Miller said the bill grew out of a yydflong instigation of health hazards in the asbestos pntistr? (Current Report January 12 p 1799 May 4 ______ We have pieced toepiXfa IcgacyoTHiJr decades of cover-up which has resulted tn Use exposure of millions of people to cancer-c^dstng ashegra iruiyuh " MUjer charged, ed Miller-aiso cited other examples of what h^donsiders "this kind or corporate indifference to humapJidalth and safety ' He said congrds^mna iTiiii srgi Have revealed 'longsend ing poisoning of unfergrotffld -water wells bv the Occidental Chemical Corporation in Lathrop Calif Miller asserted that Occideouai continued to discharge contaminants for several years after an internal company memorandum said Our laboratory records indicate we are slowly contaminating shows that the chemical presents a substantial rak of in jure to health or the environment " TSCA establishes civil penalties of up to 225 000 per dav and criminal penalties of up to 225 000 per day and imprison merit for up to one yeah far violations of the act FIFRA requires a pesticide registrant to notify ERA of new information ' regarding unreasonable adverse effects on the environment of the pesticide ' Penalties under FIFRA are limited to a civil penalty of up to 25000 for each offense and tn a criminal penalty of up to 225,000 and imprisonment for not more than one year No companv has vet been taken to court for violation of TSCA section Slel reporting requirements. EPA aiforcemeiu personnel told Chemical Regulation Reporter August 1 that Section 8iei does not lend itself to enforcement because of the difficultv of detecting the existence of a hazard informa tion cover-up all wells in ourmrea" (June 29 p 470) Another example Miller gave was continued production of Reporting _ dibromochloropropane (DBCPi which has-been shown to EPA OFFERS FORMS. INSTRUCTIONS cause stenlitv in workers Miller said chemical producers ON REPORTING FOR REVISED INVENTORY knew as early as 1957 that DBCP was dangerous (August c 19, 1977, p 792} Miller also charged that Allied Chemical Company in creased Its production of Kepone m the mid 1960's, despite extensive laboratory tests which revealed Us potential for causing cancer liver damage and reproductive system failure iMav 20 1977 p 3221 Miller also gave examples of what he considers "product hazards and cover-ups from outside the chemical industry -- including instances involving radial tires and automobiles In each ease ' Miller claimed certain corporate of The Environmental Protection Agency Is distributing forms and informational booklets to aid chemical processors and users in reporting substances for inclusion on the revised chemical substance inventory The revised inventory, scheduled for publication in 1950 will include chemicals listed in the initial inventory publish ed June I under (he Toxic Substances Contra) Act It also will list chemicals reported by manufacturers between June land July 1 1979 bv processors before December 31 1979 and any chemicals which have corr-'eted premanufacture notification procedures ficers made a conscious decision to subject unsuspecting and innocent people to hazards which could imperil th'eir safety and even their lives The SPA publication entitled Instructions for Reporting For The Revised Inventor} gives detailed instructions to aid processors in filling out the "Form ' reporting docu 'Covtr-upi Net Normal Rraciica ment Miller also said I da not believe these sorts of cover-ups Copies of "Form E" and excerpts of the EPA reporting constitute a normal practice for most industries or most instructions are published in the Full Text section of this businessmen in the United States issue. However, he continued "Neither can one conclude On the form processors and users are to list their name that these are merely isolated incidents ' address telephone number the name and structural forma No Additional Tsiting tion of the chemical and its Chemical Abstracts Service He said the measure would not require any additional testing of products, nor would it expand government (CAS) number if known U a processor or user can get certification from its regulatory activity, or impose exhaustive paperwork supplier that the chemical already has been reported to EPA burdens on companies The Miller bill would create a new section of Chapter 39, Title 19 of the US Code which deals with crimes related tn professions and occupations The bill s provisions are not restricted to any spwtiftc industry and no specific federal agency ts mentioned as having enforcement responsibility for inclusion on the inventory, they need not be concerned with reporting. EPA said Either EPA or the supplier can tell the processor tf the chemical ts oo the initial inventory Persons who received a booklet with the same title and with a brown and white cover should request the new EjuiDng a(xxTlng Lewi booklet. EPA staff members said Several changes have c The lull s broad reporting requirements and penalties would overlap to some extent with existing provisions of a number of laws including the Toxic Substances Control Act and the Federal Insecticide Fungicide and RodenUcide Act However the bill differs from Ihe T5CA and FIFRA report ing requirements because it would not be restricted to chemical hazards The measure also would not require reporting of environmental effects that do not endanger humans and it would establish much more severe criminal been made in (he newest version Many of the instructions tn the current version were included to EPA'i May announcement that the initial inventory of chemical substances was available (Current Report May 13 p 119 p 214} Alter official publication of the Initial inventory June 1 manufacturers and importers had 30 days to report chemical substances not included on the inventory After Julv 1 manufacturers and importers became sub ject to premanufacture notification requirements for new penalties chemical substances. S-3-79 Copynont 1979 by The Busu of Nmoiul AtUm. Inc OliHSIS/TWSM SO 002959 PRODUCED BY FORD I OCCUPATIONAL SAFETY & HEALTH REPORTER- A weekly review of occupational safety and health developments () 1919--1979 Volume 8, Number 10 THE BUREAU OF NATIONAL AFFAIRS, INC August 1, 1879 HIGHLIGHTS OF CURRENT REPORT SAFETY PRECAUTIONS will be issued by the OSHA AND NIOSH plan to issue a joint current National Institute for Occupational Safety and intelligence bulletin on worker exposure to non- fieaith regarding a potentially serious design ionizing radiation from radio frequency heat limitation maradio frequency method for protect- sealers, a type of industrial heating device The mg power press operators from press hazards. bulletin is expected to reflect updated knowledge Because the effectiveness of the device is depen- on protecting workers from the health hazards of dent on an operator's grounding conditions, a nonionizing radiation from RF sealers, and mfor- change in these conditions can create "holes" in mation on recently developed instruments for the device's,protection zone through which a measuring radiation (p 237). worker can reach farther than is safe, NIOSH " - '--------------- ^ cautions (p 235). f OSHA'S POSITION that ft may issue standards ^without estimating benefits to workers' health. A REVISED PROCEDURE is announced by J`will inevitably increase the already substantial the Occupational Safety and Health Adrmnistra- cost imposed on American business by OSHA tion for responding to worker complaints about regulation," the U S Chamber of Commerce alleged unsafe and unhealthful workplace con charges in a brief filed in the U S Supreme Court ditions The new system calls for a thorough The hnef IS one of six fnend-of-the-court briefs evaluation of all complaints before a workplace that urge the Supreme Court to uphold an inspection is undertaken ip 235) appellate court decision striking down OSHA's benzene standard (p 238). ( NIOSH URGES EMPLOYERS to begin ap propriate workplace practices to reduce the nsk AN INSPECTION WARRANT issued by a U S of worker exposure to arsine gas Workers expos magistrate authorizing a "wall to wall" ed to arsine or to another toxic gas. sttbene, workplace inspection based on an employee com should be removed immediately from the plaint was valid and the scope of the warrant was workplace and prompt medical attention should not unconstitutionally broad, a U.S district judge be given if symptoms of poisoning appear, NIOSH rules in a decision contrary to that reached by recommends (p 236) another judge in an earher case (p. 239). A DELAY IN ISSUANCE of a revised voluntary standard for respiratory protection is urged by NIOSH pending resolution of "technical con cerns" about the standard Qualitative fit tests outlined in the American National Standards Institute standard are "potentially dangerous'1 with regard to some respirators, a NIOSH official asserts (p. 236) A NEW PROGRAM intended to tram com pliance officers m safety and health problems in the construction industry is initiated by OSHA The program is expected to continue initially for three weeks and includes 15 trainees who have the equivalent of an apprenticeship and at least five years working experience in the field (p. 239) THE HOUSE APPROVES the conference THE REFERENCE FILE SUPPLEMENT report on the fiscal 1980 appropriations hill for with this week's OSHR includes revised Oc the Departments of Labor and Health, Education, cupational Safety and Health Administration and Welfare, clearing the measure for further standards for commercial diving, cotton dust in Senate action following the congressional recess. cotton gins, and the chlorine listing in the table of Continuing controversy over anti-abortion toxic and hazardous substances, and revisions to provisions is expected to delay final passage of the OSHA FieJd Operations MaaaaJ chapter on c the bill (p. 237). field reporting procedures and forms. S40tnn 1 Copyright * 1970 by TVm Burwu ttf N4tion4l Atfwrr, Inc. am aU7/rv*orj w 002960 i iJ PRODUCED BY FORD 802 CHEMICAL REGULATION REPORTER Tb primary difference is that tbe Senate measure (S !Si31 would permit reimbursement to state governments for funds spent on programs to detect asbestos hazards to schools after January 1, 1976. The House bill would provide for direct grants only to school systems, and would be retroactive only to January 1, 1977. Sotil Lite Senate and House bills would provide 130 million per tear lor three yean for grants to educational agencies lor up to half the cast of programs to detect asbestos hazards m schools- 'Tie bills would also establish a three-year loan program, limited to gioo million per year far up to half the cost of containment, removal, or replacement of hazardous asbestos-containing materials. The loans would be Interestfree and would ran for up to 20 years. The SO percent limit on Use grant and loan programs would be waived [or schools with financial difficulties Grants and loans would be available retroactively to January 1, 1977. in the.House bill, and to January 1,1976,jn the Senate version The bills wuuld not require asbestos producers to reim burse the Government for the cost of the grant program, as urged by environmental groups and proposed m earlier ver sions of the House measure. However, the bills would direct the attorney general to determine whether, by using all available means, the L rated States should or could recover, front any person" the funds spent under the grant program. Aibeetoa Cf*SC STAFF DRAFTS NOTICES FOR REGULATING ASBESTOS IN PRODUCTS . The staff of the Consumer Prodwl Salety Commission b presented the commissioners with draft Federal Aeputer notices August t that, when published, will set the wheels in motion for the regulation of asbestos In consumer products. Three draft notices are included in a package prepared by the staff (Da draft advance notice of proposed rulemalung. 12i a draft statement of policy oo coonfuutioa of regulatory activities between the CPSC and the Environmental Protec tion Agency and (3l a preliminary draft general order for the submission of specific information on a narrower group of specific consumer products containing asbestos yet to be determined The first two drafts are scheduled for ao early review by the commissioners with so e.peeled publication date around mid-September The draft general order however, requires approval bv the General Accounting Office and the staff has not yet prepared a specific list of products that would be included in the order Before submission to the GAO, the order must be approved by the commission and a supporting statement must be prepared, wbich includes a narrative justification for the reporting requirements, an estimate of the number of per sons or firms subject to the order, an stimau of the cumpi lance burden assocu ted with the order, aod an estimate of the cost to the commission of planning the reporting require ment and compiling the incoming data The process of GAO clearance takes up to AS days. The draft general order will be submitted for CPSC con sideration when the supporting staff work baa been com pleted Originally, Uie staff was directed to issue special orders to manufacturers of ashesten paper as the best way to deter mine which consumer products contained asbestos The staff said it now believes that sufficient information is known on the general categories of consumer products containing asbestos to enable it initially to direct general orders to manufacturers of certain classes of products afld eliminate the additional step of requiring manufacturers of asbestos paper to rupond to special orders Advenes Node* The draft advance notice of proposed rulemaking will . plain that the CPSC proposes to Investigate (he tisg of asbestos in consumer products by soliciting general informa tion on the use of asbestos in products through this notice and by requiring by special or genera) orders, the submis sion of information concerning certain products The notice will describe CPSC'i proposed regtllatory approach to asbestos and will solid! public comments an the approach The joint statement on coordination of regulatory ac tivities describes the cooperative efforts by the CPSC and EPA in dealing with asbestos in consumer products under the Tome Substances Control Act and the Consumer product Safety Act respectively TheCPSC can also regulate under the'Federal Hazardous Substances Adi. The draft notice states that both ageames have acted previously to regulate asbestos but they are stll} concerned that human exposure to asbestos from many soarcs may present an unreasonable health risk. EPA's efforts include a systematic gathering of Informa tion an groups of asbestos products, aod an evaluation of nsk from these products based on the life cycle concept In the life cycle analysis, the cumulative nsk from exposure to asbestos Is examined from primary processing through end use and disposal The CPSC will take a narrower approach to the investigation of possible health risks that may be associated with the use of asbestos in a number of consumer products The notice states that in some cases remedial action by the CPSC may be needed while broader action is being taken by EPA. EPA will publish an advance notice of proposed rulemak ing simultaneous with the CPSC in m `epiember Lud EPA ADOPTS REGULATIONS ALLOWING EXEMPTION FROM LEAD PHA5EQ0WN RULES The Environmental Protection Agency August 7 adopted regulations exempting small refiners from the rules on lead content of gasoline 144 FR 462751 Under the regulations (40 CFR Bdi gasoline manjfae lured at a small refinery must oat exceed a specified average lead content for any three-month period beginning October 1 1979 and ending with the three-month period beginning July l 1982 The average lead content is as follows Sorrels per calendar day ` Cram i per gallon' S 000 or under J M! w 10 KM . id.ooi to ti ooo 19,001 to 20 000 Greater man 20 000 --------- ----------------- --- -------- Preceding calendar year production rau gasoline Ailowehie average lead content of gasoline IU l is :a i 10 _ 10 A "small refinery' is defined as one with a crude oil or bona fide feed stock capacity of 50, t barrels per day or less, and which is not owned or controlled by any refiner with a total combined crude oil or bona fide feed stock capacity greater than 137,500 barrels per day S-10-79 Cfttmted Aipontr 01-i4*7W7VWC 002961 j k / A ( I i r r PRODUCED BY FORD I r \ i 7ol- 6 Ho. 33j;AjjkusC 15, 1979- Page 257 ~ * * EPA To Seek Conuneoti as Retmbanemenl far Teft Data........................1....................................Page '58 * EPA RapoodJ to OtA PtttOoc far Procedural Qanra ip TSCA Rulemaking................................. Pim 258 * Go wijurat Muvt Protect Public From Qwaiyal Expoinxu, TS5C Says......................* . . F*|e 259 * EPA Draft! Admte Reaction, Bealth and Safety Rcportiaj Rala . , . . . ,. . , . , , page 259 * Fetranueade Mow Toxic Than Thought - Initial EPA Reaction to fbtndmn Study ......................Pigelfil * NT? Annual Han F1Q1 Short of Public Concern! About Toxic OwaacaU . _____ page 261 * Petrolcum ImtJtmsFialtsOSHAl Logie m Bcruene Standard......................... . . ...................Page 261 * Dow Seeks Exaapdon Under Protori'1 To Mimifirtare MCBa ....... ..................... ... Page 62 * Internal Piobknia at IBT Plague Induitry Reporting Under TSCA Section B{e) . . . . * Draft GAO Study {Subo** EfA Uie Vance Court to Reaotve Dnputci .... .... * damcal Manufacturer! Aikad to Monitor Praccmed and Raw Effluent , . . : . .. " EPA Propoao Rida Governing Stale Regutration of PaOada ................................................... , Page 262 Page 262 Page 263 Page 263 ' ________________ SLANTS 4 TRENDS A "FAIRLY SUBSTANTIAL PERCENTAGE OF PRODUCTS" containing asbestos will be the sub^ Ject of an advanced notice of proposed rulemaking (A2TFR.) being developed by EPA as as Initial step in,its effort to regulate asbestos outside school buildings. The AH?R will seek dismission not only of risks from exposure during actual use of prod ucts containing asbestos, but also on risks incurred during mining, milling and man ufacturing, an EPA official has told TMN. The agency has termed this the "life cycle" approach to evaluating asbestos hazards, and hopes to use it in obtaining an unreasonable risk da termination on all products listed in the AHPfL, thereby avoiding the burdensome procflfls of having to prove that unreasonable risks exist for each in dividual product. The ASPS. Is expected to be issued some tine In October. t^ AN ANPR ON THE SCHOOL ASBESTOS PROGRAM was released Aug. U by EPA, and will be pub lished in early September. This document announces the development of regulations requiring the Inspection of schools for materials containing .asbestos, the correc tion of situations where obvious deterioration of asbestos-containing materials has occutred, and periodic monitoring. Elgfit factors for consideration In assessing the extent of hazard aTe included, *** ` AN INTERAGENCY ADVISORY GROUP'S RECOMMENDATIONS for improving Federal regulation o toxic substances (see story on page 159) was not well received by industry- Tstian Roodkovsky of the U.S. Chamber of Cornerce suggested that recommended restrictions on the protection of confidential business information "could hinder innovation an growth." She pointed out that "great strides have been made In protecting human health and the environment," yet current laws recognize the need for the chemical industry to expand. The .report of the Toxic Substances Strategy Committee is a "hodge-podge'" of concents and recommendations that have either been disputed or dii credited since the committee was created in 1977, according to a statement from thi Chemical Manufacturers Association.' `" . PubfWMd weekly by Butinen Pubhrfwn, Inc, Editorial and buunen office! P.0. Box 1067, Sltvar Spring, MD 20810, 301GB7-430Q. Subwxiptian prim tin- per yw, Bt for ox month!, U.S., Canada and Maxico; *2iCC par year tn SI other oourv. thee (indude* AJr Mall delivery). Multiple copy rata on requert to Henry Kleiner, Jr, Binlnem Menager. Prrntad in U.S.A. Otars Buinec* PublUhen, Inc. 002962 PRODUCED BY FORD Page 25BTojcic Materials News__________________ August L5t 1979 SLANTS 4 TRENDS (Cont.) ------- ------ TOO MUCH CHEMICAL TESTING has been designed to give chemicals "a clean bill of health and not to detect leaionaOSHA director Eula Bingham told a public meeting on the National Toxicology Program Aug. 10 (sea story on page 261). Bingham said she hoped NTP would raise the consciousness of. the scientific community concerning the need to improve test methods to detect chemical la juries. . *** " EPA TO SEEK COMMENTS ON REIMBURSEMENT FOR TEST DATA An advanced notice of proposed rulemaking that seeks conanents on how EPA should handle the problem of reinbursement of firms that provide data to meet e Section & test rule requirement Is going through the agency's review process and should be published within a month or rwo. Under the Toxic Substances Control Act, if e firm la doing testing required for an existing chemical, ocher firms can aeek exemptions on the grcumds that the testing is 'already being done: The exempt firms must then reimburse the testing firm. If firms cannot reach agreement on reinbursement, they will cum to EPA to resolve the matter. _ In its draft ANFR,, EPA Is considering three alternative approaches by which lc could determine.-the amounfoT reimbursement due the testing firm. The first approach calls for case--by--case determination of money owed on the basis of allowable testing costa and an exempt firm's market share and competitive position, with no set defini tion of those three terms. The second approach would establish a formula-like rule chat defines the three terms and says how much weight should be assigned to each one in determining reimbursement. The third approach would define the terms but not provide the weight given to each. TT TV* J~t** J .end --fk< rA fcer w fngpf requiring less time and expenditure of resources, but they would be leas flexible. They would also encourage direct settlements since firms would know how EPA is likely / to sec the reimbursement. Other questions to be resolved and on which EPA will seek comments are; how to t protect confidential information such as market share or even that a firm produces a certain chemical; when to sec reimbursement so Chat a testing firm does not have \ to wait years for Its money yet avoid continually recomputing a firm's share of test coses as new companies enter che market; whether or not to reimburse several firms which conduct similar cases; Whether the market share ehotild be based on sales or production and the period ^a_ time for which market share is measured; the definition of competitive position; whether" allowable" cosCS1 TIBtmSfiTOe actual T4st~cosEs or "the stan3ar3~eosc of "r ' ' type testing conducted; the type of administrative proceedings to be used when EPA Is celled in (the agency currently favors an expert panel); and to what extent firms expect to collaborate on testing. EPA RESP0N0S TO CMA PETITION FOR PROCEDURAL CHANGES IN TSCA RULEMAKING Environmental Protection Agency has given a mixed response to a request by the Chemical Manufacturers Association for changes in the manner In which the agency develops and handles rulemaking under the Toxic Substances Control Act, In a recent petition, CMA asked EPA to better coordinate its work so as to avoid overlapping proposals. The same people in industry handle several issues and find it difficult to respond to several ac one time, CMA pointed out. Responding to CMA, Assistant Administrator Steven Jellinek noted that EPA has msny TSCA provisions to put into effect end "if EPA were to implement these provisions one at a time, it would be msny years before TSCA would be fully implemented," But Jellinek conceded Chet a problem exists, and for this reason said that che agency is trying to keep interested persons fully advised of agency chinking prior to proposing rules In order to insure chat material reviewed during che comment period is not entirely new. Jellinek rejected a Oil request chat all public meetings on proposed rules be held after the close of the conment period. He suggested instead that the timing of oeetiogs be made on a case--by--case basis, since some rules are amenable to delayed meetings, while, qthera necessitate swift action and delays in public meetings would not be in the public interest. _ --* , - " ---- ... - -- - 002963 I \ ! ! k PRODUCED BYFORD I CHEMICAL REGULATION REPORTER . PMNs The other will deal with existing chemicals or chemicals on the inventory, according to the EPA staff SNUfts would be another means of gathering data on a sub stance after it has passed through the premanufacture review process, according In EPA staff First many manufacturers may not want the fact that they produce a certain chemical tn become public If manufac turers claim such Information as confidential, firms will not be able to arrive at a settlement oh their own because they will not know what other firms art involved ( Genre! Policy The second type of information which firms are likely to claim as confidential and which will interfere with appor tioning costs ls marketing data Firms may not want other EPA OUTLINES REIMBURSEMENT SCHEMES. CONFIDENTIALITY REMAINS PRIMARY PROBLEM Three options for reimbursement for use id testing data under the Tone Substances Control Act are outlined in an Environmental Prelection Agency draft notice under going agency-wide review The three approaches vary primarily in (he degree of flex ibility they would give EPA to determine market share competitive position and allowable costs Confidentiality timing, and duplicative test data will be companies to know what their market share or allowable costs actually are In these cases, EPA will be forced to conduct the negotiations on data reimbursement, according to the draft notice Other problems in the data reimbursement area are deciding the stage at which EPA should be involve! in the process and when reimbursement should be awarded EPA staff members have Mid the agency is agreeabje to having manufacturers work out equitable arrangements on data reimbursement among themselves EPA staff have the primary problems in any approach adapted, according to the EPA draft advance notice of proposed rulemaking indicated that there is no need for EPA tn become involved at any stage in the reimbursement between firms unless TSCA requires EPA to develop reimbursement strategies there is a dispute and procedures for the costs of testing required under Sec tions i and 9 in cases where other companies are able to use and consequently benefit from the testing Such > case could arise when EPA requires a manufac However, eonsidenns the agency s experience with reim bursement under other legislation it is considered unlikely that in most cases reimbursement can "be arranged to all parties satisfaction turer of a substance to da testing under Section 4 and EPA intends to gram exemptions from testing for other manufac The draft notice cites duplicative testing as another poten tial problem in apportioning costs turers TSCA directs EPA to establish means whereby other manufacturers reimburse the company which did the It provides some discussion of esch of these issues and pros and cons far the three alternative approaches It also testing EPA says two ol its three mam goals in writing data reim bursement procedures are to provide a means for fair and equitable reimbursement and to keep down transaction asks for comment EPA staff members said the agency is particularly recep tive in industry views on data reimbursement under TSCA They said proposals from industry would be readily costs The third objective is to reduce the adverse impact of accepted rules orders and procedures issued under TSCA on competi One staff member indicated that EPA would check in tion innovation, decisions to ester markets, small business, dustry reimbursement proposals mainly to see that at! and the structure of the industry segments of industry, both small and large would be treated neiiiibuiHiuwit Ootlonl The approaches outlined by EPA in the draft advance notice of proposed rulemaking range from a formula-type equitably Cardnoo.na ,_ TOTAL t-frtiiJATiaW ot- A55ffST0S PiSi,6i 50Dh) option to an ad hoc arrangement Ail three approaches would use market share, competitive position and allowable costs as the basis for determining who owes what share of costs The least flexible approach would use these three factors, _giving each a designated weight. The draft notice explains that the advantage of this approach would be that involved companies could use the formula without involving EPA At the same tun: this approach would allow no leeway for determining which factor might be more significant In In dividual cases The two other approaches would Involve some degree of determination by EPA One approach would define market share, competitive position, and allowable costs but would leave the weighting of these factors tn individual cases up tn EPA. The last approach would allow EPA to define these three factors in individual cases as well as weighting them. The draft presents all three options, hot also says specific fonnnla-type rule may not be feasible now EARLY SEPTEMBER IS TARGET DATE FOR PUBLISHING OSHA CANCER POLICY A 1 000-page preamble to a final Occupational Safety and Health Administration cancer policy is being reviewed bv OSHA staff and publication, of the final document is now projected for early September, according to an internal agency memorandum signed by OSHA administrator Eula Bingham The scientific portion of the massive preamble was dis tributed August i bo agency Jtaff members, who are under instructions from Bingham to forego official memoranda and bring comments or questions directly to tbe attention of Anson Keller, the policy's main author The preamble is the result of nx-months work by OSHA and Clement Associates, the Washington. D C scientific consulting firm which has worked with OSHA on the develop ment of the cancer policy since its earliest stages Jay Tunm, nee president of Clement Associates, told ' BffA that "many hundreds" of pages of scientific and "' problem Aree* technical Information were submitted to OSHA in late June Confidentiality is expected to be a major problem en- The work done at Clement involved renewing the masstve _ countered in apportioning testing costs tecord compiled during two months of hearings last summer T^he draft notice notes two issues which are likely to be - oq OSHA's.proposal, "Identification, Classification and i~ TOittvq and interfere 'with the sharing of testing eosa. ^-'Regulation of Toxic Substances Posing a Potential Oc- S-17-W -Owmcal Repuleuon Reporter`- ' ' nss-nTioawwso * -------------------- " - ~ ' " ' 002964 t ( PRODUCED BY FORD wnncm Hcr\jn i cupalienal Carcinogenic Risk." Uie agency's "cancer policy " (Current Report, May is, 1978, p 299) * Gerastf .Associates stall identified 30 or 4D key issue* 'from the hearings, and outlined pros and cons of each, Timm aid The preamble discusses many of the arguments raised at the hearings, but Tunm said Cement Associates did not attempt to drasf conclusions on any of the issues. Drawing conclusions as to what OSKA's decision was on each of the issues was the job of Keller, OSHA special assist ant for regulator? affairs and principal writer of Lhe cancer policy according to OSHA health standards staff Keller also supervised the Cement Associates work which seas done as the final part of a 1600,000 contract awarded the consulting firm in April 1977 by OSHA for developing the cancer jsficy, Tunm said Similar U Prepowi According lo OSHA officials and others outside the agenev 1id have seen the preamble the final cancer policy mat not differ significant!1, from the proposed policy The proposed policy called for classifying tone substances into aoe of three categories, with specific regulatory action to fallow fOciober 7 1977, p 1026) - " "" The final policy is not expected to be subjected to any further regulatory review, according to OSHA officials The Regulatory Analysts Review Group and OSHA both per formed regulatory analyses of the proposed pobey in 1978 (November 9 1978 p 127)1 The preamble now being reviewed by OSHA staff includes a 100-page discussion of cancer as a public health problem, as well as discussion of long-term and short-term bioassavs and discussion of the ' regulatory dilemma " Included with the preamble is the nsk assessment docu ment of the Interagency Regulatory Liaison Group which Bingham said ' accurately reflects my policy " The IRLC document was published in July (July 13 p 5331 2.0 S-T SCIENTIFIC ADVISORY PANEL DEFERS RECOMMENDATION ON CANCELLATION HEARINGS The Environmental Protection Agency's Scientific Ad visory Panel August 18 decided to take another few weeks to consider the mass of evidence presented bv EPA and Dow Chemical Corapanv on Lhe risks of 2 4 S-T and Silver EPA asked the panel to make a recommendation an the agenev s decision to hold hearings to consider cancelling the reclaming registered uses of the herbicides <Curran Report Julv 11 p S29i The panel met August 15 and IS to hear detailed presen tations from both EPA and Dow on the nsks presented by 2 4 S-T. Silvex and their tciic contaminant, TCDD (2,2 7 B-letrachlorodibenio-p-diaunJ A1m< Study Criticized Dow representatives criticized the agency s study of mis carriages occurring among women near Alsea Ore, where 2.4, S-T has been sprayed on forest Land Dow said the study, which reports the incidence of hospitalised miscarriages in the Aisea area was flawed because relatively few miscarriages resulted in hospitalisa tion. EPA Deputy Assistant Administrator (or Pesticide Programs Edwin L Johnson earlier told the panel tbat the Alsea study had assumed a survey of hospital records would vield information on about 56 percent of miscarriages However, be said a further survey indicates that only 10 to 333 20 percent of miscarriage* were reported in hospital records He said EPA Is conducting a new study which will be completed in time lor the proposed canceila uon bearings Dow claimed the Alsea study had a number of discrepan cies * The authors separated the data Into two three-year pencils The data ahaw no significant increase Ip mis carriage incidence in the second period, although 2,4,5-T spraying tripled In companion to the first period, Dow said The study reported a peak in June miscarriages follow ing apravmg in April However, the peak'only occurred in 19TS although the spraying was conducted ut each year of the su-year study according to Dqw Miscarriages during the 1976 peak occurred among women living at some distance upwind of the sprayed area, Dow claimed The members of the panel concluded that tftev w ow'd not have ume u go into the problems surrounding the Alsea study and other reports of human exposure to 2 4 5-T and TCDD The panel decided to base its recommendations primarily on assessment of the laboratory testing data available on the herbicides and TCDD Tailing CHIPS DOCUMENTS RECOMMEND TESTING, FURTHER STUDY FOR 22 OF 40 CHEMICALS The Environmental Protection Agencv is recommending testing or further evaluation lor 22 of the 4b chemical sub stances far which it prepared Chemical Hazard Information Profiles (CHIPS) The reports were done over a two-tear period ending August 1, 1978 Copies of the report are not v-et publicly available, bat should be available from EPA s Office of In dustry Assistance lit late October According to a survev of the 40 reports EPA s Office of Toxic Substances lOTSi recommended that no further evaluation was needed at this Ume on five of the substances Four chemicals were referred to other agencies because thev already were being studied there or because OTS infor mation ut the CHIPS migh! be of assistance in helping the agencies develop policy or evaluation procedures Another nine of the CHIPs reports were deemed in complete In these cases OfS wants more data or sredv before deciding if the chemicals need mare evaluation EPA considered the remaining 22 chemical substances of sufficient concern to recommend testing to begin collecting data for further evaluation or to order movement into Phase 1 of EPA's hazard evaluation process CHIP! DKIWOlU Preliminary In its preface to the CHIPs documents EPA said repeated ly that the decisions made about each of the substances were "tentative" and should not be considered final agency policy Because chemicals are chosen for CHIP preparation for a variety of reasons the CHIP document for each chemical is "a brief summary of information available from abstracts. Government reports, and reference works and from a search of secondary literature, EPA said information ut lhe CHIP is reported as It appeals in the literature and generally no attempt u> made to verify the findings during the CHIP phase of hazard assessment, EPA said 8-17-79 CiapynQPrl 1 19?9 bv Th* Buf4u of NjliOrwl Afftrfl Inc Ci 14* >973 fMMij 002965 PRODUCED BY FORD 1 t J) { V J(. Subcommittee ehainrma Janette B Sherman. a private physician, asked which states had refused to cooperate wiilj the voluntary program * John DeKaqy, EPA Deputy Assistant -Administrator Jor Chemical Control, replied that no state has beat entirely mv cooperative, although there have been problem in in dividual school districts, such as Allentown, Pa He said state laws sometimes limit the power of local authorities to deal with asbestos problems Larry Dorsey, of EPA'i Control Action Division, said a recent, informal survey of EPA regional coordinators indicated that SO to SO percent of schools have been inspected lor asbestos hazards He said EPA estimates that between 5 and It percent will be found to contain asbestos materials Cemnivnlal Uh Rulemaking EPA representatives at the subcommittee meeting also discussed progress on developing an advance notice of pro posed rulemaking to regulate present commercial uses of asbestos (July $, p (06) , Cindy Kelly, of EPA'i .Control Action Divuuon, told [be subcommittee^thaL_regidition nf^ major^isbestos .uses_Jn paper products, pipe, and"friction "products would cover <0 to 70 percent of asbestos in commera*] use She said it Js important to study exposure hazards from asbestos products througbout the Ufe of products, particu larly exposure resulting from disposal EM Hodlna EPA is funding a hotline to answer questions about sampling and analysts of materials containing asbestos and about qualitv assurance techniques __ The hotline is operated by Donald Lentzen, an environmen tal scientist with Research Triangle Institute is North Carolina The toll-free hotline number is 18001134-8571 The hotline is manned only during normal business hours and cannot be called from wtthin North Carolina Hazardous Materials INDUSTRY OPPOSES MTB PROPOSED RULE OK AIR SHIPMENT OF RADIOACTIVE CARGO Cargo-carrying airlines and trade associations are criticiz ing on safety grounds a federal proposal which would eliminate the present requirement that airlines bold exemp tions to transport certain radioactive materials Comments received by the Materials Transportation Bureau question the Department of Transportation's ability to ensure that earners have adequate radiation protection programs The Nuclear Regulatory Commission, Airline Pilots Association, the Society of Nuclear Medicine and Express Airways were concerned that DOT is inadequately staffed to review the radiation protection programs. Under the May II proposal, airlines could transport nonfissile radioactive materials without keeping them separate from undeveloped film and animals (Current Report, May IS p 267 J The timers would be required to indude in their radiation protection program supervision by a competent health physicist meeting certain minimum professional re- qmrements. They would have to keep eyesore limits within the standards established by the Occupational Safety and Health Administration and otherwise as low as possible They would also have to conduct monUijy contamination surveys and submit results to the local Federal Aviation Ad ministration office - Express Airway] and the Federal Express Corporation, which hold DOT exemptions, and the New England Nudear Corporation criticized (he proposal for 5 - .- Not providing for a formal evaluation of an airline and its radiation protection program before 11 starts-to carry large quantities Of radioactive materials, ' Not requiring earners to notify ui advance the airport manager or tower of the load's nature and time of arrival,. Not defining the specific tasks of the qualified health physicist. Hazardous Materials COMMENT PERIOD FOR MTB PROPOSAL OH RADIOACTIVE CARGO TRANSPORT EXTENDED The comment period for the Materials Transportation Bureau proposal to revise the radioactive materials transport rules has been extended until October 16 to coin cide with a parallel Nudear Regulatory Commission proposal The changes would make MTS's rules compatible with the latest International Atomic Energy Agency standards for radioactive materials transport. The NRC proposal, "Packaging of Radioactive Materials for Transport and Transportation of Radioactive Materials under Certain Conditions," was expected to be published In the Federal Register August 17 The MTB comment period was extended previously from April 5 to July 5 but pubb cation of the NRC notice was again delayed Interested persons may file comments, submitted m five copies, by Odober 16 to Dockets Branch, MTB, Department of Transportation, Washington. D C. 20690. P*tlddi . EPA PUBLISHES TOLERANCES. PERMITS. APPLICATIONS TO REGISTER PRODUCTS The Environmental Protection Agency August 10 to August 16 issued notice of receipt of or action on petitions regarding pesticide products Talwanev Amendment EPA August 16 revised id CFR 160 to establish a tolerance for residues of the insedidde methomyl on lentils at 0 I part per million (ppm) i 44 FR 179341 Temporary Toterarwee EPA established a tolerance until July IS, 11)80, for flundone in or on cottonseed at 0-05 ppm at the request uf the Eianco Products Company The agency also established temporary tolerances until July 25, 1980, lor combined residues of the insecticide O-ethyl 0-t(4-methyIlhisJpbenyl)S-propyl pbospbarodlthioate and its cholinesterase-inhibiting metabolites on tomatoes at 10 ppm, com gram at 0 3 ppm, and (resh corn inducting sweet com (kernels plus cob with busk removed! at 1.5 ppm. at the fequest of the Mobay Chemical Corporation Tolwnnce Potmen* Petitions requesting establishment of tolerances were sub mitted bv 6-17*79 CftOvnahl * 1979 by Th Eimu of Ktranl Aflurv Inc 002966 I PRODUCED BY FORD t L . a 0 m m '1 rJMql SAfi -4i- *5 *S1s G k* J D H s3 133 3 sO i s 3 iii .rjs: "a3 rt- J^ j3*. ,, H ki c 9 9 D8 < J wB4 **<2-! &H t. A Ba S_d -fahaH d^fo4<w.&."-3mBi i .1 y. 11 F* kf *h3 8ft JS !J q3 Si il tc -E 33,, n i* S. . .it -3 - 3 3 E Ei is J Si ,,* St iI 0 Is !s ^stU -:H--g9 d "! S * Ei . S S3 s 3 S Ail s" !i i* !: !S 2h3^**^3ai a3 }at si-5 51 ,,S s!iJS f! fi 1 in si s * S3^ az ,5 3Ji ifit, q0 1?1* 3* o if m+w* dCt 3^ fti n3 a"I yi !l 1S3 "9 ,d0s I^, l) I. s-s fa -j l! -- " " 0H 0 Ili asr-s .' |a ^ iiiSt i 3-S' -iS5S.J h'sj ; -a i3~S3-3 ii-.i* S -- i Av b s3ifs g . e it * * d 1^9 k** & V-i k ills* hs:j3 UU* "*eOo** BdKKm dJqBaa *00***uP* M3-i9H ! 3 eh b - t S ^ fci B.i - ii4i i 3. . StH* :iisj tlN 59*<,6* .a9 SEkhhki s! 31 a It sal ri B.ekk 45 ia N e k a iin JSIE - I >e9 .4v4 < its^s 34-3-3s d -h o p t -5 s.3 --a c|| w* -04 mti 5a ** j e s-sj-s h i^ii 3.1J31 h ^ g *3 J s LSiiit sif-3f B i U 0 -H kri l^Sit0S , *saai 3oc ?o>iM*o* m3P AooB *bh 9!* ^*311^81* --5 s- piss^iri. s3`'C;SSBr4 :s gis s-m"3^ 4^3 ifE st Ei -'i 1 . _ :as i, i3Wi. 33: sSb a's0. e sea inis -i 3d '^ ^,, i 3 , 34^3 SIM S a|_p O 9 Aj k04 0iwB"nIPIm5TS 1 EI S S e ftkk V Z llJ 3^ b "S 2a a; s m2 * i\i] Jill im ii< l1ti 4 d V,: n_Jr. xiD mJa p^ 4 k 8 0 o 1 HO * 1 Si ik -iji. AJ4 RSflh* dd*ds o a d JB5 J 0 -q a *-, 4^ 5i M 1S3IO K3 002967 PRODUCED BY FORD J