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JCHEMSTAR NEWS ~ c h i u I [ a i siii f n ii [ a i (c m i m advocacy and # i n s b [ f n 1111 h Volume 2, No. 3 September 1990 INTERNATIONAL AFFAIRS A LA CHEMSTAR Overseas companies are not "for parts that have representatives on tion on safety in manufacturing, eign" to CHEMSTAR anymore. the same panel. The Methyl Bro handling and transportation. These Over the past decade, panels have mide Panel, for example, has rep companies regularly give presen greatly expanded their international resentation from Ameribrom Inc. tations at the Panel's annual HF focus. Nineteen of the 204 com in New York and its parent com Safety Seminar. Foreign mem panies represented on CHEM pany, Dead Sea Bromine Com bers on the Crystalline Silica Panel STAR Panels are non-US and non- pounds Ltd. in Israel. Many pan- are concerned with legislative and Canadian. CHEMSTAR panels els consider foreign producers' legal ramifications ofthe silica ex interact with chemical companies inputs valuable in discussions of posure effects debate in this coun and organizations in Australia, world-wide health, safety, and try and abroad. Together, the for Europe, the Orient, and other ar environmental concerns. eign and American companies eas. Overseas panel activities range assess world-wide implications of from information exchanges to co The Hydrogen Fluoride Panel toxicological and regulatory issues sponsorship of research and coor includes three Mexican compa and coordinate responses. The dinated advocacy. nies that joined to share informa Chlorinated Pool Chemicals Panel, consisting of US, OVERSEAS Japanese, Canadian, MEMBER COMPANIES IN THIS ISSUE and Israeli compa nies, is producing a Foreign companies often belong to CHEMSTAR pan els. Fourteen of the Fluorocarbons Panel's members are non-US com panies. US mem ber companies sometimes have overseas counter OECD, Vohmtaiy Testing And... (More) ----------------- .... .3 TQT Mmh FQI ........................................................ .4 Not Toxic? Not So, Says EPA...............--............ ........... .5 SPOTLIGHT: Rubber Additives ........................................ .7 News Briefs........................................................................... .9 New'Panels end Councils..................................................... . 9 Panel Completion: Vinyl Chloride...................................... . 11 People .................................................................................... . 12 Recent Releases Federal Register Notices................................................. . 13 Comments ....................................................................... . 15 Final Reports .................................................................. . 15 videotape the on handling of pool chemical emergen cies and publishing a bulletin on safe handling and stor ing of pool chemi cals. The Panel plans to translate the videotape and bul letin into several languages. Upcoming Events.................................................................. . 16 ehemicu MAiiKcnims assdnarni mu h nun in ms1111oi o c 21137 11 ijni- 111s fm 2112 111 :n 1 CMA 031034 CHEMSTAR news StpUmbtr 1990 INFORMATION EXCHANGE/ RESEARCH COORDINATION CHEMSTAR panels also exchange information with organizations in many countries through joint meetings and correspondence. The Water Additives Panel works with KIWA, the Netherlands Water works Testing & Research Insti tute, to influence government regulations on drinking water. KIWA has followed Water Addi tives Panel activities in the US for over five years and would like to implement a similar program. KIWA advocates adoption ofgov ernment limits on the product rather than the US enforced limits at the end of the pipe or faucet The two groups will continue to share in formation -- KIWA will supply the Water Additives Panel with its program guidelines and the Panel will share toxicology data on polye lectrolytes. The Phthalate Esters Panel engages in information exchanges and re search coordination with the Plas ticizers Sector Group of the Conseil Europeen des Federations de L'Industrie Chimique (CEFIC). On June 22-23, the two groups held their second annual joint meeting in Washington, DC to discuss research programs related to health and the environment, im plications of upcoming European unity, and the US regulatory proc ess. CEFIC will host the 1991 joint meeting in Europe. The Brominated Flame Retardants Industry Panel regularly confers with its CEFIC counterpart; the European Brominated Flame Re tardants Industry Panel, on regu latory and research activities. Representatives ofthe two groups met in Germany in early Septem ber to discuss issues of mutual concern. SUBMISSIONS TO FOREIGN AGENCIES Many CHEMSTAR panels respond to regulatory or government agen cies in different countries. Submitting comments to international organizations is one way in which panels express opinions on worldwide regulatory activities. The Polychlorinated Biphenyls Panel submitted comments in 1988 to the Ontario Workers' Compen sation Board in Canada, challeng ing the conclusions of the WCB Industrial Disease Standards Panel study tided, "Occupational Expo sure to PCBs and Cancer." The Panel stated that PCBs are not as sociated with cancer sites and that the WCB should not adopt com pensation eligibility rules for can cer claims. The Panel also sub mitted comments to the World Health Organization on its Draft Environmental Health Criteria Document and Health and Safety Guide on Polychlorinated Biphen yls. The Methyl Bromide Panel sub mits toxicological information to Canada and Germany to maintain pesticide registrations of methyl bromide in these countries. TESTING AGREEMENTS CHEMSTAR panels are involved in several international testing agreements. Panels and foreign organizations or companies often agree to exchange information from ongoing research testing programs. The Phthalate Esters Panel and the CEFIC Plasticizers Sector Group sponsor testing and exchange study results. In this way, the groups avoid duplicate testing and share the cost of implementing the ph thalate esters data base. The Buta diene Panel and the European Ad Hoc Butadiene Task Force are con sidering a similar arrangement in addition to exploring joint spon sorship of a research program. Joint sponsorship is a more intri cate form of international testing agreements. The Dinitrotoluenes Panel and Bayer AG of Germany are jointly sponsoring a pharma cokinetics study at Huntingdon Research Laboratories in England. EPA and Federal Republic of Germany government agencies suggested DNT for cooperative testing to promote cost sharing and ensure hazard data availabil ity in both countries. The Panel will send completed study results to EPA and FRG regulatory agen cies in 1991. The Petroleum Additives Panel and the European Additives Tech nical Committee willjointly spon sor ecotoxicity testing to satisfy 2 CMA 0310 StpUmbtr 1990 CHEMSTAX NEWS European Economic Community legislative requirements. The tests include: acute toxicity to fish, algae, or Daphnia; biodegradability; octanol/waterpartition coeffi cient, bioconcentration factor, and a long-term aquatic toxicity test OBSTACLES Obstacles are inherent in interna tional relations. Distance and language barriers are obvious problems. Another concern is variance in country data accep tance standards. Because coun tries often have different require ments, mutual acceptance of data is a difficult feat Panels also face fundamental conflicts of opinion between countries on data needs. What may be an important health or environmental issue in one country may be low priority in another. The OECD Existing Chemicals Testing Program (see update in this Newsletter) is an attempt to overcome some of the problems in obtaining mutual acceptance of data across country boundaries. The success of this program could have a profound, positive impact on international cooperation in testing. A GLOBAL FUTURE Strong international relations of panels will be invaluable to future industry successes. Panel prog ress should stimulate broader in ternational cooperation especially as European boundaries are re duced in 1992. When CHEMSTAR panels look to the future, they look across the seas. A. Koslco OECD, Voluntary Testing and ... (more) The Story Thus Far: The OECD, an organization of24 indus trialized counties, initiated a voluntary program to investigate the health and environmental effects of high produc tion volume chemicals. A Screening In formation Data Set was designedby sci entistsfrom several countries to provide baseline information on the potential hazards ofthese chemicals. OECD iden tified 147 chemicals asPriority 1 --sub stances for which no data are publicly available. In Phase I ofthe program. 53 ofthese chemicals are being addressed. The US and 13 other countries agreed to participate in the program by taking the lead on specific chemicals, collecting existing data, and conducting tests to complete the needed data set. In Phase I, the US has the lead on nine chemicals. US companies, in compliance with a re quest from EPA, are assembling data and preparing to conduct testing on these chemicals. Testing is expected to begin in December 1990. An OECD evalu ation ofPhase I is plannedfor January 1991. (See CHEMSTAR News. Vol ume 2. No. 1. March 1990 and No, 2. June 1990for background information.) the Phase II chemicals, and EPA has indicated that CMA will again be asked to coordinate the volun tary efforts of domestic compa nies. The CMA Board of Directors, at its meeting on September 10-11, prepared for this occurrence by approving continued CMA mem ber company involvement in the OECD program, and endorsing an action plan for Phase n. Identification of CMA member company sponsors for data collec tion and generation is central to the Association's action plan. Very recently, letters were sent to the CMA Executive Contacts of can didate companies seeking com mitments to participation. The volunteers will be announced at the Board meeting in November. In November, the OECD will hold a meeting to review progress of Phase I and judge the viability of the program. The meeting will also focus on identifying lead countries for the remaining Prior ity 1 chemicals, which will be addressed in Phase H (Key events of Phase II are shown in the box.) The US is expected to acquire responsibility for data on 20-30 of OECD Existing Chemical Testing Program Phase Formal Announcement of Lead Countries - January 1991 Complete Collection and Sharing of Existing Data - August 1991 Review ofExisteig Data md Testing Proposals - December 1991 e Testing Begins - April 1992 3 CMA 031036 CHEMSTAR NEWS_____________________ ______ __________________ StpUmtur 1990 The CMA action plan also includes developing a long-term strategy to integrate existing chemical test ing requirements internationally. The first step is to advocate that EPA nominate chemicals already subject to US testing requirements as part of Phase II. By spring 1991, the Association will develop recommendations to improve in ternational sharing of existing chemical data. At the same time, CMA will develop a framework for evaluating the results of the screening tests conducted in Phases I and n. What are the options if your com pany manufactures achemical that is a potential candidate for Phase U? Essentially there are three pos sibilities: o An individual company may take the sole responsibility for specific data collection and testing, and interact directly with EPA. o An individual company may take responsibility for specific data collection and testing, and then request that the CMA CHEMSTAR Division establish a panel to interact with EPA and OECD. o Coproducers of a chemical may form a consortium for specific data collection and testing, and request that the CMA CHEMSTAR Division establish or augment a panel to facilitate testing and/or interactions with EPA and OECD. Requests for additional copies of the Phase n candidate list of high production volume chemicals should be addressed to Sandra Tiiey of CMA. Should your company wish to participate in Phase Q of the OECD program, your notifi cation also should be sent to Ms. Tirey. If you are interested in forming a n,panel to participate in Phase contact Dr. Langley A. Spurlock, CHEMSTAR Division Director, at 202/887-1187 for information. L. Spurlock TQC MEETS FQI Frank Lewis, Assistant Director of the Federal Quality Institute (FQI), briefed the Total Quality Council on September 6,1990. As part of its education process, the Council is inviting representatives of other quality organizations to share ideas and experiences with members. Mr. Lewis outlined the purpose and activities of the Institute, and en couraged industry support of its aims. The Office of Management and Budget, the Office of Personnel Management, and the President's Council on Management Improve ment jointly founded the FQI in 1988. The Institute's mandate is to promote and facilitate the im plementation of total quality man agement throughoutthe executive branch of the federal government in order to "improve the quality, timeliness and efficiency of Fed eral services to the American people." The Institute conducts one-day quality awareness training courses for federal government manage ment teams. These courses, di vided into five sessions, address the following areas: the concept of total quality management; the relationship between quality and productivity; the roles of the ex ecutive and the employee in achiev ing quality goals; the team con cept; methods for maintaining continuous improvement; the concept of the cost of quality and the benefits of a focus on preven tion; identifying positive and nega tive forces both within and exter nal to a specific agency; and strate gies for implementation of total quality management by an agency. The FQI currently is planning to expand this program into handson implementation programs last ing 18-20 days. Through a federal mastercontract, the FQI has retained the services of a number of private sector quality expen groups that agency man agement teams may call upon to assist in implementing total qual ity management In addition, the FQI maintains the Quality and Productivity Resource Information Center, an extensive library of 4 CMA 031oj September 1990 CHEMSTAR SEWS materials on quality practices and training for use by all employees. Continuous improvement is a major goal of the FQI program. Conse quently, the Institute seeks feed back from the private sector on the importance and success of its ef forts. The Total Quality Council plans to express its support for the Institute's efforts in a letter to FQI Chairman John Franke. T. Messenger NEW ADDITIONS TO SARA SECTION 313 LIST: Trichlorofluoromethane (CFC-11) Dichlorodifluoromethane (CPC-12) Dichlorotetrafluoroethane (CPC-114) Monochloropentafluoroethane (CPC-113) Bromochlorodifluoromethane (Halon 1211) Bromotrifluoromethane (Halon 1301) Dibromotetrafluonomethane (Halon 2402) NOT TOXIC? NOT SO, SAYS EPA On August 3, EPA published a final rule on a petition by the governors of New York, New Jersey, and Vermont to add seven chlorofluorocarbons and halons (see box this page) to the list of toxic chemicals under the Emer gency Planning and Community Right-to-Know Act (SARA Sec tion 313). EPCRA requires that EPA respond to petitions for the addition of chemicals within 180 days, by initiating a rule on the chemicals or by publishing an explanation as to why the chemi cals do not meet suitable criteria. EPA chose not to act within the time limit, and therefore, the chemi cals were automatically listed. Between January and May 1990, thirty-seven of thirty-nine respond ing parties submitted comments objecting to the listing of these seven chemicals. The CHEM STAR Panels on Butadiene (Eth ylene/Propylene), Cyclohexane, and Fluorocarbons collaborated with the Reporting Issues Task Group ofthe CMA Environmental Management Committee. These comments were among those opposed to the listing. In its Fed eral Register Notice, EPA re sponded to the arguments presented in the opposing comments. EPA affirmed that the additions to the list are in accordance with the Agency's position. Most comments opposing the pe tition focused on the fact that the seven chemicals are not directly toxic. EPA stated in response that the concern is not whether toxicity is direct orindirect and agreed that the chemicals' direct toxicity lev els are low or nonexistent Rather, the Agency claimed that it must consider indirect toxicity which is caused by the ozone depleting effects of these chemicals. Ac cording to EPA, stratospheric ozone depletion is associated with adverse health effects from in creased UV-B radiation exposure. For this reason, EPA believes that ozone depleting chemicals qual ify for SARA Section 313 listing. Many who objected to the ruling believe that ifEPA can list chemi cals based only on "indirect ef fects," then the Agency will have broadly based power to include many other chemicals without direct toxicity. The Agency be lieves it has not abused responsi bility ofinterpreting criteria in the past, and claims that this concern ofthe commenters is unnecessary. Most commenters argued that the public would mistakenly view listed chemicals as directly toxic. According to producers, it would be unfair for chemicals which are only indirectly toxic to have such a stigma. However, EPA stated that the public will understand the listing and recognize the distinc tion between direct and indirect toxicity of chemicals. Therefore, if a chemical meets Section 313 CMA 031033 CHEMSTAR SEWS criteria, EPA will not refrain from listing it because of a potential injurious reputation. In addition to their concern about type of toxicity, the commenters noted that the effects of the seven chemicals ate difficult to assess based on a reporting oflocal emis sions. The chemicals do not re main within the areas from which the chemicals are released, but drift broadly and upward to the strato sphere. However, EPA stated that emission location is not part of Section 313(d)(2)(B) and (C) cri teria. not have ample time to comment and compile information. Com menters argued that if EPA initi ates a formal rulemaking proce dure, then the public will have additional opportunity to respond. EPA, however, denied this argu ment by saying that the public had sufficient time to respond within the 180-day review period. EPA also stated that from the comments submitted during the review pe riod, no new information surfaced, nor is any new material on the nature of the chemicals likely to arise. Many commenters also objected to the listing because only a small percentage of the facilities from which the chemicals are emitted are subject to Section 313 stan dards. The reported emissions, therefore, would be only a small percentage ofthe actual amount of chemicals released. EPA coun tered this argument by restating that toxicity, not release percent age, is the important factor when evaluating a chemical using Sec tion 313 criteria. Many of those who submitted comments also pointed out that producers of CFCs and halons already report production and importation figures under the Clean Air Act Section 137 (Montreal Protocol). EPA stated that these emissions reports are irrelevant to Section 313 toxicity criteria. Essentially, EPA considers indi rect toxicity a valid reason for a chemical to be listed under Sec tion 313. The Agency believes that the effect of the seven chemi cals on stratospheric ozone merits their place on the EPCRA list EPA's favorable response to the petitioners serves as a new con cern for producers of other indi rectly toxic chemicals. For a copy ofthe jointly submitted panel comments, please contact Amy Kosko at 202/887-1345 or Trish Messenger at 202/887-1169. A. Kosko EPA also addressed objections to the automatic addition of the seven chemicals to the SARA list Many commenters believed that they did 6 StpUmbtr 1990 CMA 0310 September 1990 SPOTLIGHT: CHEMSTAR NEWS RUBBER ADDITIVE? This is the twentieth article in a series which highlights the activities of the various CHEMSTAR Panels. The Rubber Additives Panel formed in 1979 to support studies that would expand the database on safety and health issues relevant to rubber additives. The Panel also sought to coordinate U.S. activity with the International Working Group on the Toxicology of Rubber Addi tives (WTR), located in the Federal Republic of Germany. Members of the Panel currently include: BFGoodrich Company, Goodyear Tire & Rubber Company, Mon santo Company, R.T. Vanderbilt Company, Inc., and Uniroyal Chemical Company, Inc. The Chairman of the Panel is Bernard Hill of Monsanto. PROACTIVE RESEARCH The Panel initially sponsored a toxicological research program which involved short term in vitro testing for potential mutagenicity/ carcinogenicity of 2-mercaptobenzothiazole (MBT) and N-oxydiethylene-2-benzothiazole sulfenamide (OBTS). After completing these studies, the Panel sponsored a se ries of pharmacokinetics and com parative metabolism studies on MBT and 2-mercaptobenzothiazole disul fide (MBTS). TSCA TEST RULE In 1984, the Interagency Testing Committee designated MBT for priority testing consideration in its 15th Report ITC recom mended MBT to EPA for chemi cal fate tests, including dissocia tion constant, persistence in wa ter and soil, and leaching and migration; and environmental ef fects testing, including acute and chronic toxicity to fish, aquatic invertebrates and plants, and ter restrial plants. The EPA re sponded to these suggestions by issuing a proposed rule in 1985. The Agency recommended the following tests: oral and dermal pharmacokinetics, developmen tal toxicity, reproductive toxic ity, neurotoxicity, mutagenic effects, aerobic aquatic biodegra dation, indirect photolysis screen ing level, chemical mobility, fish chronic toxicity, and daphnid chronic toxicity. EPA justified its recommenda tions by stating that MBT was produced in substantial quanti ties both directly during manu facture and indirectly in the break down of MBT-derived accelera tors during vulcanization. The Agency indicated that MBT may enter the environment from proc essing, disposal, coolants, and direct and indirect discharges, as well as from the breakdown of MBT-derived accelerators in dis carded rubber products. EPA also indicated that there may be substantial human exposure to MBT, estimating potential hu man exposure in the chemical industry at 558,000 people. The Panel submitted written com ments to the Agency which op posed this position on MBT and requested a public meeting with EPA officials to address these is sues. The Panel maintained that existing evidence did not justify the proposed requirement for tera togenicity testing in two species. Furthermore, available data could not justify the multigeneration reproductive study nor indicate that MBT is a potential neurotoxic agent To support these positions, the Panel provided EPA with the results of a worker exposure sur vey and a survey of Midwest and Eastern US surface waters which showed that MBT is not a wide spread aquatic contaminant The Panel also commented that the National Occupational Exposure Survey indicated that only 2,400 workers were actually exposed to MBT. The Panel noted that ITC's initial recommendation did not include health effects testing. The Panel then submitted results of its five pharmacokinetic studies of MBT and MBTS, which compared the kinetics and metabolism of the oral and dermal routes of expo sure. The Panel suggested that EPA wait for the evaluation of results ofNTP's ongoing pharma cokinetic studies and completed bioassay tests before requiring further health effects studies. The 7 CMA 031040 CHEMSTAR NEWS StpUmbtr 1990 Panel stated that any additional required testing should be in a tiered approach. After considering the Panel's in formation, the Agency issued a Final Test Rule in 1988. EPA did not require further pharmacoki netic testing for MBT. However, the Test Rule required manufac turers and processors ofMBT, and importers of rubber articles con taining MBT, to perform testing for persistence and mobility, chronic aquatic toxicity, develop mental toxicity, reproductive tox icity, neurotoxicity, and mutagenic effects in the dominant lethal as say. Additionally, the Agency agreed that if the dominant lethal assay was negative, it would not require further chromosomal ab erration testing. Companies currently participating in the test monitoring phase of the program are: Akzo Chemicals Inc.; The BFGoodrich Company; The Firestone Tire and Rubber Company; The Goodyear Tire & Rubber Company; Mobay Corpo ration; Monsanto Company, Quimica Organica De Mexico, S.A. de C.V.; R.T. Vanderbilt Company, Inc.; and Uniroyal Chemical Company. RESULTS In 1990, the Panel will complete the testing program required un der the TSCA Section 4 Test Rule and submit all required data and reports to EPA. Results of the various studies completed with MBT indicate that the compound is not expected to produce devel opmental, reproductive, or neurotoxic effects at anticipated levels of human exposure. In the domi nant lethal assay, treated animals did not show any evidence of an effect resulting from treatment, therefore, the Panel will not have to sponsor any further chromoso mal aberration testing. The Panel is completing the preparation of a layman's toxicology summary of the MBT research. The Panel will disseminate the summary among the joint test sponsors/importers of rubber articles containing MBT. FUTURE PROSPECTS To date, the Panel has collected data on approximately 65 chemi cals classified as rubber additives, including MBT. Additionally, the Panel has sponsored more than $800,000 in research on robber chemicals. The Panel will con tinue to collaborate with the WTR, in efforts to monitor, review, and sponsor health and safety studies on robber additive chemicals. Additionally, Panel members would like to collaborate with ITC in compiling a sufficient database on robber additives which the Committee lists as priority chemi cals. In the near future, the Panel plans to focus on matters relating to residual nitrosamines in robber additives. Monitoring the activi ties of OSHA, NIOSH and inter national regulatory bodies in regu latory actions on nitrosamines in the workplace will be important This summer, an interindustry group met to discuss common concerns with the FRG workplace regulation of nitrosamines and potential OSHA workplace regu lations. As a result of this meet ing, members of the Panel and other companies formed a Nitro samines Panel under CHEMSTAR. This Panel will represent the rob ber industry, producers of secon dary amines and metalworking fluids, the cosmetic industry, and the soap, detergent and surfactant industry. The Nitrosamines Panel will be primarily an advocacy Panel, while the Rubber Additives Panel will continue to develop health and safety information on rubber additive chemicals. Susan Howe is the Rubber Addi tives Panel Manager. 8 CMA 0310 StpUmbtr 1990 CHEMSTAR NEWS PE PANEL SHOWS BAY FREE OF DEHP (Annapolis, MD, June 18) The Chesapeake Bay Advi sory Committee removed di2-ethylhexyl phthalate (DEHP) from the list ofToxics of Concern under the Chesapeake Bay Toxics Reduction Program. The Com mittee has developed a prioritized list of chemicals, ranking chemi cals by toxicity and occurrence. High priority chemicals will be regulated in an effort to clean up the Bay. The Phthalate Esters Panel sub mitted information to the Com mittee on the health and environ mental effects of DEHP, along with data from monitoring studies that showed little or no DEHP in theBay. Based upon the Panel in formation comments, the Advi sory Committee removed DEHP from the list BUTADIENE PREVAILS IN CALIFORNIA (Sacramento, CA, June 18) The California Advisory Committee on Airborne Contaminants reviewed a number of chemicals, including butadiene, for possible revision of workplace standards. The com mittee includes representatives of government, industry, contract laboratories, and academia. Comments submitted by labor advocates recommended a permis sible exposure limit of 0.2 ppm. The Butadiene Panel submitted comments on toxicity, metabolism. NEWS BRIEFS species differences, and epidemi ology. Panel members Larry Griffis of Chevron and John Acquavella of Monsanto presented the data to the committee. Fol lowing the Panel presentation, the committee agreed to recommend a PEL of 2 ppm to CalOSHA. TD PANEL CORRECTS PUBUSHER (NewYork,NY,Jufy26) In a letter to Titanium Dioxide Panel Man ager Jonathon Busch, the publish ing firm of Van Nostrand Rein hold agreed to lower the hazard rating listed for titanium dioxide inDangerous Properties ofIndus trial Materials, Seventh Edition (ed. Irving Sax). The Titanium Dioxide Panel, in responding to the issued hazard rating of 3, sub mitted comments to the publisher urging a significantly lower toxic ity level and offered scientific data to support the position. Van Nos trand Reinholdreviewed the Panel submission and reexamined IARC's toxicity assessment for titanium dioxide. The publisher then decided to lower the classifi cation rating to 1, which signifies a "minimal" toxicity leveL In addition. Van Nostrand Reinhold will remove from future publica tions the erroneous statement that titanium dioxide appears on the SARA Community-Right-toKnow List DIOXIN PANEL WINS WITH EPA (Washington, D.C., July 27) On behalf of EPA, the Di oxin Panel successfully in tervened in the resolution of the Environmental Defense Fund's and National Wildlife Federation's appeal of a District Court decision against the two organizations' joint petition to force a TSCA Section 6 rulemaking on dioxin. The DC Court of Appeals affirmed the original District Court opinion that EDF and NWF could not raise Administrative Procedure Act claims in a TSCA Section 21 peti tion lawsuit The court held that although an APA challenge may exist to a Section 21 petition de nial, a plaintiff cannot seek both APA and de novo review. In such an instance, the plaintiff must choose one remedy or the other. As EDF and NWF chose origi nally to pursue and settle the de novo claim, no APA claims are now permissible. This decision will prevent petitioners who un successfully pursue APA claims from requesting de novo review. Future TSCA Section 21 judicial appeals likely will be de novo pro ceedings. PE PANEL CRITIQUES CRITERIA (Washington, D.C., August 13) The Phthalate Esters Panel com mented to EPA on the criteria for DEHP included in the proposed Ambient Water Quality Criteria for Protection ofAquatic Life (see 9 CMA 031042 CHEMSTAJt NEWS StpUmJxr 1990 FR Notices this issue). The Panel has conducted environmental fate and aquatic toxicity testing for 14 phthalate esters under a TSCA Section 4 voluntary testing pro gram. The Panel therefore was able to supply unique information relevant to the proposed ambient water quality criteria for DEHP. In its comments, the Panel agreed with EPA that existing guidelines are inappropriate to determine criteria for DEHP. However, the Panel suggested several alterna tives to the DEHP strategy out lined by EPA in the Federal Reg ister, The Panel supported Agency efforts to remove the uncertainties in setting a Criteria Maximum Concentration and a Criteria Con tinuous Concentration for DEHP. The Panel comments also argued that EPA should publicly with draw its ambient water value published in 1980 for all phthalate esters because, as even the Agency acknowledges, this value reflects erroneous DEHP data. The Panel also suggested that EPA establish separate criteria for aquatic life and human health to allow ade quate protection during different uses of water. CS PANEL LABELS OSHA (Washington,DC,August15) The Crystalline Silica Panel submitted comments to the Occupational Safety and Health Administration in response to the Agency's solici tation of suggestions for improv ing the presentation and quality of chemical hazard information trans mitted under its Hazard Commu nications Standard. The HCS requires cancer labeling of prod ucts containing IARC Group 2A chemicals (see FR Notices this issue). The HCS requires "appropriate" hazard labeling. OSHA generally accepts a weight-of-evidence as sessment in determining which hazards should be mentioned on a label. For cancer warnings, how ever, the Agency interprets the standard to have automatic trig gers precluding any weight-ofevidence assessment The Panel believes that OSHA's current interpretation of cancer labeling requirements does not allow for best professional judg ment and other advantages of the weight-of-evidence approach. The automatic labeling triggers result in overlabeling products for can cer hazards, therefore, the Panel urged OSHA to eliminate the trig gers. CMA submitted general comments in addition to the CS Panel comments. For copies of Panel comments, please contact Judith Olagues at 202/887-1195. PHENOL PANEL SALUTES SAFETY STARS (Washington, DC, September 19) The Phenol Panel held its first Proactive Safety Awards ceremony attended by Panel members and CMA representatives. Dr. Lan gley Spurlock, CHEMSTAR Di vision Director, and Susan Howe, Senior Panel Manager, presented two awards in recognition of out standing efforts. The Industry Leader in Safety Performance Award went to Texaco Chemical Company. David L. Ford, the Panel representative for Texaco, accepted the award. The Most Improved Safety Performance Award was given to Georgia Gulf Corporation. Charles P. Frceburgh is the Panel representative. Earlier this year, the Panel devel oped criteria for evaluating worker safety performance in phenol pro duction facilities. The Panel de signed the worker safety evalu ation process to enhance and pro mote safe practices in the manu facture, transportation and use of phenol. Criteria used to judge performance include: OSHA-reportable lost time injury; employee days away from work as aresult of workplace accidents; EPA-reportable spills; first aid (an injury requiring medical treatment); and emergency response to workplace incidents.. The results from each Panel member's company survey were submitted to CMA in prepa ration for announcement of awards. For additional information, please contact Susan Howe, Phenol Panel Manager, at 202/887-1293. FPP HAS LAST HURRAH (Wiesbaden, FRG, September 19) The Fluorocarbon Panel met for the 139th and final time. The Panel will cease all activities as of September 30 and will have ended all ongoing projects by the end of the year. As a closing effort the Panel is preparing a brochure describing its 18-year history of supporting research on the atmos pheric effects of chlorofluorocarbons. 10 CM A 031 04 S4f-~mb*r 1990 NEW PANELS AND COUNCILS CHEUSTAR NEWS CHEMICAL METHYL BROMIDE Akzo Chemicals Inc.; Dow Chemi DISTRIBUTORS The Methyl Bromide Industry cal U.S.A.; Goodyear Tire & At an exploratory meeting on June 6, six chemical distributor members of CMA agreed to form the Chemical Distributors Coun cil. The Council's goal is to in crease industry awareness of the chemical distributor sector and address concerns specific to dis tributors. As a next step, the Council will explore pursuing the following issues: Responsible Care Compliance; legal defense; insur ance; hazardous waste minimiza Panel was chartered under CMA in August to address health, safety, and environmental issues. The Panel, which is comprised of pro ducers and formulators of methyl bromide, began operating in 1982 as the independent Methyl Bro mide Industry Panel. Under the auspices of CMA, the Methyl Bromide Industry Panel will fo cus on maintaining pesticide reg istration of methyl bromide under FIFRA. The Panel also will spon Rubber Company; Mobay Corpo ration; Monsanto Company; R.T. Vanderbilt Company, Inc.; Tex aco Chemical Company; Tremco IncVThe BFGoodrich Company; Union Carbide Corporation; Uniroyal Chemical Company, Inc.; and Witco Corporation. Dr. Mark Thomson of Uniroyal serves as Panel Chairman. For more infor mation, contact Susan Howe, Ni trosamines Panel Manager, at202/ 887-1293. tion and disposal; tank testing and sor toxicological and other types monitoring; control of vapor emis of testing that may be required by OXO PROCESS sions in transfer and filling opera federal or state agencies. Panel The 2-Ethylhexanoic Acid and 2- tions; monitoring of pending leg member companies are: Amer- Ethylhexanol Panels merged in July islation and regulations at all lev ibrom Inc/Dead Sea Bromine to form the Oxo Process Panel. els; employee safety and training; Compounds Ltd.; Ethyl Corpora The Butyraldehyde Task Group, a standardization of site audits; and tion; Great Lakes Chemical Cor recent addition to the 2-Ethylhex- shipping codes of practice. To poration; and TriCal. Dr. Thomas anol Panel, will continue its ac date, representatives of Council Duafala of TriCal serves as Panel tivities as part of the Oxo Process member companies have already Chairman. For more information, Panel. Companies comprising the begun exploring the Responsible contact Jon Busch, the Methyl Bro new Panel are: Aristech Chemical Care, Site Audits, and Legal De mide Panel Manager, at 202/887- Corporation; BASF Corporation; fense issues. 1189. Eastman Kodak Company; Exxon Chemical Company; Filo Chemi Council membership is open to NITROSAMINES cal Inc.; Hoechst Celanese Corpo CMA member companies with a The Nitrosamines Panel formed ration; Hills America Inc.; Shell significant distribution acitivity. this summer to address impending Oil Company; and Union Carbide Since June, four more companies federal agency concerns about Corporation. Richard Wise of have joined the original six on the nitrosamines. The Panel will Union Carbide is the Panel Chair Council. In addition, the National develop advocacy positions and man. For more information, Association ofChemical Distribu support research to clarify the contact Dr. Has Shah, the Oxo tors has accepted an invitation to potential effects of nitrosamines Process Panel Manager, at 202/ join the Council as a full member. on health and the environment 887-1192. Membership dues for this fiscal When OSHA develops a workplace year are $5000. For more infor standard for nitrosamines, the Panel mation, contact Dr. Langley Spur will convey the industry response. lock at 202/887-1169. Panel membercompanies include: n CMA 031044 CHEMSTAR NEWS PETROLEUM ADDITIVES In August, the new Petroleum Additives Panel formed to focus on improving the quality of auto motive engine fuels and lubricants through the use of additives. The existing Lubricant Additives Panel will become a task group under the Petroleum Additives Panel. The Task Group will continue to ad dress environmental regulations and health and safety issues. The Product Approval Protocol Task Group, a new subgroup, will provide more industry input into the product approval process. This Task Group will advocate consis tent and reproducible engine test ing procedures, standard test de velopment methodology, costeffective testing, and quality fin ished products. The Task Group will interact with the American Petroleum Hfctitute, the Indepen dent Lubricant Manufacturers As sociation, and the Society ofAuto motive Engineers. Panel members include: Amoco Petroleum Additives Company; Chevron Chemical CompanyOronite Additives Division; Ethyl Corporation; Exxon Chemical Company-Paramins; Lubrizol Petroleum Chemical Company; Mobil Chemical Company; Shell Chemical Company; Shell Inter national Chemical Company; and Texaco Chemical CompanyAdditives Division. The Panel Chairman is John R. Sanders of Chevron. For more information, contact Dr. Carol Stack, the Petro leum Additives Panel Manager, at 202/887-1196. SODIUM BROMIDE The Sodium Bromide Panel was chartered under CMA in August StpUmJttr 1990 The Panel began operating in 1986 as the independent Sodium Bro mide Industry Panel. Under CMA, the Panel will address safety, health, and environmental issues associ ated with sodium bromide and bromine chloride. The Panel will adopt and convey advocacy posi tions, monitor pertinent regula tory activities, and sponsor research to clarify potential health and environmental effects. Current focus of the Panel is on the con duct of research to support NPDES permits for use of sodium bromide in industrial water purification applications. The Panel member companies are: Dead Sea Bro mine Compounds Ltd., Ethyl Corporation, and Great Lakes Chemical Corporation. Louise Wen of Ethyl serves as Panel Chairman. Formore information, contact Jon Busch, the Sodium Bromide Panel Manager, at 202/ 887-1189. PANEL COMPLETION Vinyl Chloride The Vinyl Chloride Panel com pleted its research goals and de cided to terminate activities in 1990. The Panel formed in 1973 to accu mulate and assess health and safety data on vinyl chloride monomer. After funding several animal stud ies, the Panel's emphasis on re search shifted from toxicological investigations to early diagnosis and clinical management of inju ries. Subsequently, the Panel focused on epidemiological stud ies of workers. Recently, the Panel reevaluated its 1974 epidemiologic study on vinyl chloride workers. Panel sci entists could not determine what proportion of the observed non angiosarcomas and biliary tract tumors were really misdiagnosed angiosarcomas. Despite rigorous efforts, the scientists were unable to diagnose the livercancers in the study. No further activity there fore seemed appropriate. William Gafifey of Monsanto Com pany chaired the Panel. For fur ther information on Panel research, contact Susan Howe, Vinyl Chlo ride Panel Manager, at 202/8871293. Other interests of vinyl chloride manufacturers are being pursued at the Vinyl Institute, a segment of the Society for the Plastics Industry. 12 CHA 0310 StpUmbtr 1990 PEOPLE CHEMSTAR NEWS CORMLET PROMOTED In July, Elizabeth Gormley was promoted to Associate Director in the CHEMSTAR Division. She has been a member of the Division managing staff for six years. Eliza beth joined CMA from the staff of the National Electrical Manufac turers Association. In her tenure in CHEMSTAR, Elizabeth has served as Manager of the Crystal line Silica, Dibenzofurons/Dibenzodioxins. Fluorocarbons, and PCS Panels. Congratulations to Eliza beth on a well deserved recogni tion of accomplishment! SHAH, STACK PROMOTED In August, Dr. Hasmukh Shah and Dr. Carol Stack were promoted to Director, CHEMSTAR Panels. The new titles reflect superior ac complishment and extended super visory responsibilities. Has Shah joined CMA and the Division eleven years ago from Equitable Environmental Health. He has managedmany panels over the years. He currently manages the Arsenic Acid, Biocides, Brorrrinated Flame Retardants, and Oxo Process Panels. Carol Stack came to CMA and the CHEMSTAR Division in 1980, also from Equitable Environmental Health. In her tenure she has managed a wide variety of panels. Her current responsibilities include the Benzene, Chlorobenzenes, Ethylene Glycol, Glycol Ethers, Hexamethylene Diisocyanate, and Petroleum Additives Panels. Congratulations to Carol and Has on recognition of their achieve ments! MORAN RETIRES... FROM PHTHALATES PANEL ONLY After managing the Phthalate Es ters Panel for ten years. Dr. Eliza beth Moran will pass the responsi bility to Marian Stanley. Bette will continue to oversee the Panel's activities until the end of the year. By that time, she will reach the unusual longevity mark of having staffed one hundred meetings. RECENT RELEASES FEDERAL REGISTER NOTICES AMBIENT WATER QUALITY CRITERIA (55 FR19986, May 14, 1990). REQUEST FOR COMMENTS AND INFORMATION RE GARDING OSHA'S HAZARD COMMUNICATION STAN DARD (55 FR 20580, May 17, 1990). RESPONSE TO PETITION TO INITIATE PROCEEDING TO REVISE FINANCIAL ASSUR ANCE CRITERIA AND MECHANISMS FOR COMMER CIAL STORAGE AREAS OF POLYCHLORINATED BIPHENYLS (55 FR 24638, June 18.1990). TSCA CHEMICAL TESTING; RECEIPT OF TEST DATA ON ISOPROPANOL (55 FR 25366, June 21,1990). ORGANIC CHEMICALS, PLAS TICS AND SYNTHETIC FIBERS CATEGORY (OCPSF); EFFLU ENT LIMITATIONS GUIDE LINES, PRETREATMENT STANDARDS, AND NEW SOURCE PERFORMANCE STANDARDS (55 FR 26691, June 29,1990). STANDARDS OF PERFORM ANCE FOR NEW STATIONARY SOURCES: VOLATILE OR GANIC COMPOUND (VOC) EMISSIONS FROM THE SYN THETIC ORGANIC CHEMICAL 13 CMA 031046 CHEMSTAR NEWS _________________________StpUmbtr 1990 MANUFACTURING INDUS TRY (SOCMD AIR OXIDATION PROCESSES (55 FR 26912, June 29,1990). PROCESS SAFETY MANAGE MENT OF HIGHLY HAZARD OUS CHEMICALS (55 FR 29150, July 17,1990). OZONE DEPLETING CHEMI CALS; TOXIC CHEMICAL RELEASE REPORTING; COM MUNITY RIGHT-TO-KNOW; ADDITION OF CHEMICALS (40 STANDARDS OF PERFORM ANCE FOR NEW STATIONARY SOURCES: VOLATILE OR GANIC COMPOUND (VOC) REPORTING CONTINUOUS RELEASES OF HAZARDOUS SUBSTANCES (55 FR 30166, July 24,1990). CFR PART 372, 55 FR 31594, August 3,1990). NONFERROUS METALS EMISSIONS FROM THE SYN THETIC ORGANIC CHEMICAL MANUFACTURING INDUS TRY (SOCMI) DISTILLATION NATIONAL PRIMARY AND SECONDARY DRINKING WATER REGULATIONS; MANUFACTURING POINT SOURCE CATEGORY EFFLU ENT LIMITATIONS GUIDE LINES, PRETREATMENT OPERATIONS (55 FR 26931, June 29,1990). STANDARDS OF PERFORM ANCE FOR NEW STATIONARY SOURCES: VOLATILE OR GANIC COMPOUND (VOQ EMISSIONS FROM THE SYN THETIC ORGANIC CHEMICAL MANUFACTURING INDUS TRY (SOCMD DISTILLATION OPERATIONS (55 FR 26953, June 29,1990). SYNTHETIC ORGANIC CHEMICALS AND INOR GANIC CHEMICALS (40 CFR Pans 141, 142, and 143, 55 FR 30370, July 25,1990). COMMUNITY RIGHT-TOKNOW REPORTING REQUIRE MENTS (55 FR 30632, July 26, 1990). CORRECTIVE ACTION FOR SOLID WASTE MANAGE STANDARDS AND NEW SOURCE PERFORMANCE STANDARDS (55 FR 31692, August 3,1990). FUELS AND FUEL ADDITIVES REGISTRATION (55 FR 32218, August 7,1990). OCCUPATIONAL EXPOSURE TO FORMALDEHYDE (55 FR 32616, August 10,1990). PROPOSED SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES (40 CFR 721,55 FR 27257, July 2,1990). MENT UNITS AT HAZARDOUS WASTE MANAGEMENT FA CILITIES; PROPOSED RULE (40 CFR Parts264,265,270, and 271,55 FR 30798, July27,1990). OCCUPATIONAL EXPOSURE TO 1,3-BUTADIENE (55 FR 32736, August 10,1990). AVAILABILITY OF FINAL NATIONAL TOXICOLOGY PROGRAM; AVAILABILITY OF TECHNICAL REPORT ON TOXICOLOGY AND CARCINOGENESIS STUDIES OF HYDROQUINONE (55 FR 27508, July 3,1990). NOTICE OF INTENT TO RE MOVE CERTAIN ACTIVE INGREDIENTS FROM REREG ISTRATION LIST B AND TO CANCEL PESTICIDES CON TAINING THOSE INGREDI ENTS (55 FR 31164, July 31, VERSIONS OF TOXICOLOGI CAL PROFILES (55 FR 33172, August 14,1990). GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS (55 FR 33434, August 15,1990). TOXIC AND HAZARDOUS SUBSTANCES; CERTAIN CHEMICALS PREMANUFAC TURE NOTICES (55 FR 27681, 1990). TSCA CHEMICAL TESTING; RECEIPT OF TEST DATA (55 FR 33556, August 15,1990). July 5,1990). 14 CMA 03:104 Spt*mbtr 1990________________________ UNDERGROUND INJECTION CONTROL PROGRAM; HAZ ARDOUS WASTE INJECTION RESTRICTIONS, LAND DIS POSAL RESTRICTIONS FOR THIRD THIRD SCHEDULED WASTES; CORRECTION (55 FR 33693, August 17,1990). DISCLOSURE OF NAMES OF INERT INGREDIENTS IN CUR RENTLY REGISTERED PESTI CIDE PRODUCTS (55 FR 33762, August 17,1990). AVAILABILITY OFTHETSCA INVENTORY 1990 SUPPLE MENT (55 FR 33959, August 20, 1990). EXTREMELY HAZARDOUS SUBSTANCE LIST: AVAILA BILITY OF DOCUMENTS FOR FLAMMABLES AND EXPLO SIVES (55 FR 35012, August 27, 1990). FOREIGN IMPORT RESTRIC TIONS (55 FR 35323, August 29, 1990). CHEMSTAR NEWS MEETING ON PESTICIDE REREGISTRATION POLICY ISSUES (55 FR 35346, August 29, 1990). DENIAL OF PETITION TO RE VOKE FOOD ADDITIVE REGU LATIONS FOR ETHYLENE OXIDE (55 FR 35347, August 29, 1990). AGENCY FOR TOXIC SUB STANCES AND DISEASE REG ISTRY [ATSDR-19]; AVAILA BILITY OF HEALTH ASSESS MENT GUIDANCE MANUAL (55 FR 35463, August 30,1990). COMMENTS Comments to the California Health & Welfare Agency on the PRO POSED "NO SIGNIFICANT RISK" LEVEL FOR BENZENE UNDER PROPOSITION 65 (filed by the Benzene Panel, July 18, 1990). Comments to the California De partment of Health Services on the PROPOSED "NO SIGNIFI- CANT RISK" LEVEL FOR NICKEL UNDER PROPOSI TION 65 (filed by the Metal Cata lysts Producers Panel, July 18, 1990). Comments to EPA on the PRO POSED SIGNIFICANT NEW USES OF CHEMICAL SUB STANCES (filed by the Specialty Acrylates &. Methacrylates Panel, August 1.1990). Comments to EPA on the PRO POSED AMBIENT WATER QUALITY CRITERIA FOR DEHP (filed by the Phthalate Es ters Panel, August 13,1990). Comments to OSHA on the HAZARD COMMUNICATION STANDARD (filed by the Crys talline Silica Panel, August 15, 1990). F1NAL REPORTS "Pharmocokinetic Studies with 14C-Diethylene Glycol Butyl Ether and 14C-Diethylene Glycol Butyl Ether Acetate After Dermal Ap plication to the Male and Female Sprague-Dawley Rat" (Glycol Ethers Panel, July 27,1990) "Delayed Contact Hypersensitiv ity in the Guinea-Pig with (1) Phenyl Mercuric Acetate (2) For- malin" (Biocides Panel Mercury Compounds Task Force, Au gust 24, 1990) Protected under FIFRA "Phenylmercuric Acetate: An Acute Oral Toxicity Study with the Northern Bobwhite" (Biocides Panel Mercury Compounds Task Force, August24,1990) Protected under FIFRA "Phenylmercuric Acetate: A Die tary LC50 Study with the North ern Bobwhite" (Biocides Panel Mercury Compounds Task Force, August 24,1990) Protected under FIFRA "(Arsenic Acid) - Acute Toxicity to Daphnids (Daphnia magna) under Static Conditions" (Biocides Panel Arsenic Acid Task Force, is CHA 031048 CHEMSTAR NEWS Septembers, 1990) Protected under FIFRA "(Arsenic Acid) - Acute Toxicity to Mysid Shrimp (Mysidopsis bahia) under Static Conditions" (Biocides Panel Arsenic Acid Task Force, September 5, 1990) Pro tected under FIFRA "(Arsenic Acid) - Acute Toxicity to Rainbow Trout (Oncorhynchus mykiss) under Static Conditions" (Biocides Panel Arsenic Acid Task Force, September 5, 1990) Pro tected under FIFRA "(Arsenic Acid) - Acute Toxicity to Sheepshead Minnow (Cyprino- don variegatus) under Static Con ditions" (Biocides Panel Arsenic Acid Task Force, September 5, 1990) Protected under FIFRA "Chromic Acid: A Dietary LC50 Study with the Northern Bobwhite (WIL Project No.: 264-107)" (Btocides Panel Arsenic Acid Task Force, September S, 1990) Pro tected under FIFRA "Chromic Acid: A Dietary LC50 Study with the Mallard (WIL Project No.: 264- ' 08)" (Biocides Panel Arsenic Acia Task Force, Septembers, 1990) Protected under FIFRA September 1990 "(Chromic Acid) - Acute Toxicity to Bluegill Sunfish (Oncorhynchus mykiss) under Static Conditions" (Biocides Panel Arsenic Acid Task Force, September S, 1990) Pro tected under FIFRA "(Chromic Acid) - Acute Toxicity to Daphnids (Daphnia magna) under Static Conditions" (Biocides Panel Arsenic Acid Task Force, Septembers, 1990) Protected under FIFRA "Chromic Acid: An Acute Oral Toxicity Study with the Northern Bobwhite (WIL Project No. 264109A)" (Biocides Panel Arsenic Acid Task Force, September 5, 1990) Protected under FIFRA r ~n "Mutagenicity Test on Isopropanol UPCOMING EVENTS in the CHO/HGPRT Forward Mutation Assay with Independent Repeat (Isopropanol Panel, GLOBAL CLIMATE WANT A CHEMSTAR May 31,1990) WORKSHOP ANNUAL REPORT? The CMA Ad Hoc Global Cli mate Group is holding a two day workshop on global climate re search relative to the chemical industry on November 28-29, 1990 in the Washington area. The first day will be a working session of leading scientists to identify specific recommenda tions for research focus. Their recommendations will be pre sented to start the second day's activities which will address what the chemical industry should do to respond to this public issue. CMA members are welcome to attend either or both days. For information contact Teresa ^ Punaro at 202/887-1261.______ Copies of the 1989-90 CHEM STAR Annual Report will be available as of November 1 to all interested persons. The Annual Report contains sum maries of all CHEMSTAR Panel activities for the past fiscal year. The Annual Re port will help you keep up with what each Panel is doing and plans to do. To request a copy write: Devonne Bilal CMA CHEMSTAR Division 2501 M Street, NW Washington, D.C. 20037 CHEMSTAR NEWS i> published quarterlyas ascrviceofthcChemical Manufacturers Association, Chemi cal Self-ftindadTcchnical Advocacy and Research Division. Correspondence may be tent to CHEMSTAR NEWS, 2201 M Street, NW, Waahinston, DC 20037; Tele phone 202/887-1337; Fax 202/8871237. Vmalct Johnson mod Amy Kosko, Editors CM* 03104?