Document pdx7aXMqRNyDgLkL3QkRQvOE

/I-. Vi) __ Thomas G. Grumbles To F\W CWoAse r\ VISTA i%/nj&<b Date '* U2>VvQ.t c)o o_*-. ^Ja*^ <vc,n- " cQ,o j/ou \a dAM^ COTV\tVvB-A t"S A VH tS j ) SWoo\S> "VXst/V C<v> /V\. -G-rt. j VVV 000023256 ederal Register / Vol. 51, No. 220 / Wednesday. November 26. 1986 / Proposed Rules ENVIRONMENTAL PROTECTION inclusion in the public record. V. Other Stalulory Requirements- . v AGENCY " 40 CFR Part 152 ' " .V/. Av Information not marked confidential.' may he disclosed publicly by EPA without prior notice to the submitter. All A. F.xeculive Order 12291 - `! B. Regulatory Flexibility Act ' - C. Paperwork Reduction Act.___ - ... 1OPP-36101; FRL 3040-61 ... Regulations for the Imposition of Fees for Certain Activities Conducted Under the Federal Insecticide, Fungicide, and Rodenticide Act, as Amended written comments will be available for "7 (.Background public inspection in Rm. 236 at the address given above, from 8 a.m. to 4 p.m.. Monday through Friday, excluding legal holidays. v . -- The Independent Offices Appropriation Act uf 1952 (IOAAJ . contained a provision providing for recoupment by Federal agencies of costs FOR FURTHER INFORMATION CONTACT:. - incurred by them in performing certain agency*. Environmental Protection Agency (EPA}. action: Proposed rule. By mail: Joseph F. Powers. Jr.. Program * services for certain beneficiaries. This . ; Management and Support Division-.::- provision, originally designated as 31. , (TS-757C); Office of Pesticide . 77 .U.S.C. 4B3(a). was codified into positive . .programs, Environmental Protection -law on September 13.1982. at 31 U.S.C. , Summary: This document proposes that 40 CFR Part 152 be amended to add provisions which will authorize the Environmental Protection Agency to collect fees in advance for certain activities required of the Agency by ; request of private parties pursuant to the Agency. 401 M St.. SW,, Washington; -r :9701. This provision, commonly referred. . DC 20460. ....... . ; r : 7 to8S the "User Charge Statute. " . - Office location and telephone number .... authorizes and encourages Federal ' Rm. 1002-C, CM~2,1921 Jefferson ; 'regulatory agencies to recover, to the. -1,;-:. Davis Highway. Arlington, VA. (703- i - ^fullest extent possible, costs attributable. - '> 557-1485). . - 7;:' to services provided to identifiable '.V7vv--- SUPPLEMENTARY INFORMATION: ^7 7' recipients- The relevant text stales: ;,.t. Federal Insecticide. Fungicide, and Table of Contents ;.c Fees and charges for Government services Rodenticide Act (FIFRA). 7 U.S.C. 136 et seq., and the Federal Food. Drug, and . Cosmetic Act (FFDCA). 21 U.S.C. 321 et seq.. as amended. The authority for this ;rulemaking is 31 U.S.C. 9701.The -document also solicits comments on : possible future elaborations of such a fee system, including annual fees to recover post-registration Agency costs: and differential fees based on Agency costs which relate to the risks of each. pesticide or the completeness of the data supporting its registration, or both. The principal differences between the : 'proposed fee system and the possible. . ^ future elaborations are that the latter .would (a) recover more of the costs . incurred by EPA to operate the pesticide program and (b) allocate and recover - * those incremental costs by somewhat different means. .. . date: Comments must be received on or before January 26.1987. > . . address: Submit three copies of written I. Background '. 7' II-Proposed Fee System -;-T A. Aclivity Costs Proposed for Recovery .'j/.. through this Rule . /.. . IS. . 1. New Chemical Registrations ' -Tf . 2. New Biochemical. Biotechnical, and ...C y. ; Microbial Registrations - , : 3..New Use Registrations . '->* ; 4. Old Chemical Registrations 1 .'--v.- 5. Amendments. 6. Experimental Use Permits - 7. Food Additive Regulations --v . ' B. Activities Not Included in the Proposed System .. . . 1. Special Local Needs ' rOndthingsof va/iie: ' - ; -;(a) It Is the sense of Congress that esch. 'service or thing of value provided by an 'agency (except a mixed-ownership Government corporation) to a person (except , \b person on official business of the United Slates Government] is to be self-sustaining to r '< -the extent possible. -- (b) The head of each agency (except a Ttnixed-ownership Government corporation) -may prescribe regulations establishing the .ttv-t. charge for a service or thing of value provided by the agency. Regulations ,prescribed by the heads of executive agencies are subject to policies prescribed by. ''/l'';>"'7.'-P...65T46T9237e........oosFCERTPIRlltneeaiomeeeectrrrelssaamrveiedtgetnniirirefcaraegScciawcirneedesactasnceehfPRteecdoiEaoyteefyPPnnnqt'EAieedtufioaxtlsoerirDnett,ensciomdMteasesnvdmTpaaseytnrne,ilaooadnTRingpnteeEemiARmngxmeicegespentqmtoinetuv;rtrpAeiaettsircdieotyr:stsrUni-vs;-firrett."VoiVs-em;v-osrv/.-r/fi-rr/1-'-,/'. :~7Ki-'prtUcheilr"fjn{eca(((CDlAB2Ciic)etpP)e))l))tiirTdfbetcpoeathahnhatusSeishretibibs;:tedevalceldaeasirtoce.nnelrbsusEedtpcnte:slaatoe:iconoltvihondcfaycnttdshhhthooeeaearfarssGliglcneenobttrseovevs-riethcea'raeassn fltmfol-uesbrne'ceetintrfh--.ovta'i:enrlml.dga';:wtaao..*s-no.td.hfiue:th`.,t; ie.r-~7rf'.r/'-m4-7'"'. v ;- C. How the User Fees Will Be Calculated ' vv:v(l)i prohibiting the dctermination.and ` comments, identified with the document . D. When the User Fees May Be Waived or i ' CoUection of charges and the disposition of ~ control number "OPP-SSIOI." by mail to: -Information Services Section. Program Management and Support Division (T&-757C). Office of Pesticide . Programs, Environmental Protection 'Adjusted III. Options for Future Fee Systems A. General Authority for Recovering Registration Costs B. Post-Registration Activities Being ^Pos7t-V^V;:7v*;--_r"`tcpuhh:rno.ea(ds2sreg)ecreprcistrbhhe,eaisbsdrcugsrbetiebasaci:sntceaigohsnna.bdracgsoeensmsifasoyterbndetewtreeirtdmheittnehirenm\-g' in,,ed Agency, 401 M St.. SW.. Washington; s Considered for Cost Recovery in the 7-;-;In 1959. the Bureau dr the Budget DC 204GO. - In person, deliver comments to: Rm. 236. CM*2,1921 Jefferson Davis Highway. 'Arlington. VA. Future--Generic Chemical Review-- v--iV'y .issued Circular No. A-25. This circular' Program . . ... v :was updated in 1963 and 1974. It states 1. Registration Standard 2. Data Call-In ' S~'` ` . IV-' * in pertinent part: - 3. Special Review 3. General Policy. A reasonable charge . Information submitted in any 4. Hearing Support -. -should be made to each identifiable recipient ' "e comment concerning this proposed rule ' 5. Lab Data Audit - . ' for a measurable unit or amount of ' may be claimed confidential by marking any part or all of that information as "Confidential Business Information"' (CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2. A C. Possible Approaches for Recovering Government Service or property from which ..v?> 7 . Post-Registration Costs .. 1. Annual Fee for All Science Reviews 2. Differential Fees Related to Risks/ r'-' ; he derives a special benefit- ' " ' The Federal Insecticide. Fungicide. ' ''- .. Benefits or Completeness of Data. ' and Rodenticide Act as amended - D. Changes in Cost Calculation :\T. (FrFRA) (7 U.S.C. 136 et. seq.) authorizes '77^ ' Methodology for Possible Future Options EPA to regulate pesticide products. The.-A'/iV copy of the comment that does not E. Current Events . .. - regulation of pesticides includes contain CBI must be submitted for iV: Other Regulatory Reqiiiremenls `v? registering products for sale and/or use-' VVV 000023257 9. Details of customer's operations are not usually known to seller. It is anticipated that purchasers of VCM are sophisticated users and aware of the need to eliminate or prevent emissions of the product during use. It is anticipated that the ''potential" for exposure exists during the transportation, handling, and use of the product. a. The respondent does not understand the question. As written the answer is no. 10. & 10(a) After 1974 the warning labels regarding the cancer hazard of VCM were affixed to product containers. Material Safety Data Sheets were sent upon request. (No records available for transmission of such.) Prior to 1974 no cancer warning. Hazard warning placards and labeling as required by the Department of Transportation were affixed to containers. (b) MSDS, TECH DATA SHEET (c) Warnings were affixed to containers VCM Cancer warning Since at least July of 1974. DOT Placards - ? VVV 000023258 S' Page 2 14. (a - e) No product warnings or cautionary labels were affixed to "purchasers" of VCM. (b) No (f) DOT placards were affixed per regulations in effect at the time. Generally included a placard on each side and each end of the railcar or transport trailer used for product shipment. The VCM OSHA cancer warning label appeared on the railcars used to transport product in the car dome area and other outlet openings. (g) Business area question. (h) Business area. 15. The OSHA warning labels were required as of April 5, 1974. DOT labeling requirements were in effect in . (a) Conoco Ground Transportation (DOT) Conoco Medical (OSHA) WV 000023259 (b) The U. S. Department of Transportation required placarding. The U.S. DOL, OSHA, required cancer warning label. Page 3 16. Plants - VCM, OKC, Aberdeen (a) Specifications for labeling and placarding are currently contained in 29 CFR 1910.1017, and 49 CFR Part 172. (b) See answer for questions 10. 17. Yes (a) All containers of vinyl chloride monomer (b) Plant - in dome area of car (c) Vinyl chloride - cancer-suspect agent (d) April 5, 1974 (OSHA ETS promulgated) (e) Requirement of 49 CFR 1910.1017 20. No record of customer visits. Tech Data Sheets and MSDS were available to customers. (a) Yes. (b) Yes. *Vv 22. Copies of MSDS and Tech Data Sheets Page 4 23. No such action was ever taken 25. Yes, the defendant warned its employees of the hazards of VCM and offered respirators and other protective equipment to prevent bodily exposure. (a) Plant response. (b) Training program since 1974 included all of the requirements of 29 CFR 1910.1017. These include: ) J VVV 000023261 Page 5 (c) Plant response. 28. Conoco Chemicals participated with other industry companies in a VCM worker epidemiological study and subsequent study update. (a) The study was conducted by a consultant and included data gathering from to . (b) The study included workers at Conoco's LCVCM and Aberdeen plants. Consultant (c) Original Study Update (d) See answer to 28 above, (e) 26,220 according to records available to us (phone call to CMA) (f) To investigate the potential health effects of VCM. (g) A copy of the studies is attached. (h) See (g). vvv 000023262 Page 6 (j) Study results were generally available. Sent to appropriate government agencies and companies participating in the study. 30. No answer. 31. CMA-VCM Panel study minutes No answer - object. 32. Yes. (a) In early 1974 when BF Goodrich reported events to OSHA. (b) Published scientific literature. (c) VCM is a recognized physical and health hazard. General Response 33. Yes. (a) See 32. (b) See 37. (c) (JRD) 000023263 Page 7 (d) Defendant must rely on published scientific literature and regulatory agencies to determine the safest exposure levels, or levels at which no effect will occur, for human beings. The current OSHA limit is 1.0 ppm and the current ACGIH TLV is 5.0 ppm. Both of these limits assume 8-hour a day, 40 year working lifetime exposure. It is felt no effect will occur if exposures are below these limits. These limits contain theoretical and scientific safety factors and are appropriately conservative. Conoco concurred with these limits. Conoco is aware of only one type of VCM and therefore feels there is no significance in different types of VCM regarding the effects of exposure. 34. Yes (a) Conoco Medical Conoco Chemicals Environmental (b) Conoco - Whetstone, Lerake, c.c. - Dave Kuhn, Jim Hall, (i) No department exists at this time. Conoco Chemicals no longer exists. vvv 000023264 35. File search. (a) List (b) No such records are kept. 36. Object - not relevant to VCM specifically. 37. JRD - Conoco Medical 38. Conoco Medical, R&D (a), (b) (c) Refer to 25 39. VCM plant Eng. Compliance Plans? 40. R&D, Conoco Medical 1217 MEMICE MV 000023265 Thomas G. Grumbles VIS1A To R. E. Lehmkuhl Date 12-19-86 It is our understanding that various questions and comments have been raised by members of the Board regarding the environmental liability as pects of the Asset Purchase Agreement. Perhaps the attached summary will be of assistance in responding to any such future questions. TGG/dco Attachment ) VVV 000023266