Document rewmw3raw6rx8pLegz7MqGvz0

CHEMICAL MANUFACTURERS ASSOCIATION December 30, 1380 David E. Menotti, Eaq. Associate General Counsel Toxic Substances Division U.S. Environmental Protection Agency (A-132T) Room 515 West Tower 401 M Street, S.W. Washington, D.C. 204S0 - Dear Mr. Manotti: This is a status report on the Chemical Manufacturers Association's response to EPA's request for assistance in the wake of EDP v. EPA, 79-1580 (D.C. Circuit, decided October 30, 1980). ~ As we have already informed you, it is in general CMA's desire to help the Agency obtain information which, among other things, will assist the Agency in determining the sixe and nature of the further "PCB" rulemakings necessitated by the Court's opinion. Accordingly, we have addressed your draft of the specific data survey questions which you presented to us on December 5, 1980 which focused on the so-called *50 ppm cut-off" issue, as well as the other matter of equal concern to us, the so-called redefinition of" totally-enclosed';. Attached is a draft of a survey form which we believe generally represents the categories of data which CMA would be willing to request of its members. We have already shared a copy of this documsnt with members of EPA's staff, under separata cover we have provided your staff with a brochure describing the Regulatory Research Service,outside consultant wham we are considering employing to assist us in collecting, aggregating and comnenting upon the data. In addition to providing the information submitted in response to this questionalre, CMA anticipates submitting certain additional information to--the Agency, including, but not limited toi 1. Available information on the analytical costs and problems associated with identifying the presence and concentration of "PCBs" at or below 50 ppm; - . MONS 003293 Formarty Manufacturing Chamicta Association--Sanring tha Chamieai Industry SJnea ti7l *3901 M Straat. NW Washington. DC 20037 Ttlaphona 202/117-1 tOO. Tala* 8M17 (CMA WSH) 2. Available information on the toxicity of "PCBa"; 3. Available information on the existence and con sequences of identified health or environmental exposures to "PCBs"; 4. Available information on the problems and costs i. associated with the control of "PCfls" at concentrations below SO ppm; ' 5. Available information on the range of potential "PCB" disposal problems occasioned by new levels of control of "PCBs". To repeat information which we have already given to your staff: 1. Any data which we might provide to EPA would be presented in a fashion which would prevent any ident ification, through direct or indirect means, of the company source of the data. 2. Neither the wording, format or content of the survey form have been finalized nor have survey instructions been considered. The attached survey form, however, does represent the categories of information which we would be willing to request from our members. 3. Our willingness to request the information presented on this form from our members presumes that we will come into agreement on an appropriate period of time by which CMA cay obtain and analyze the data. . At the last meeting of interested parties EPA staff members indicated, in response to a request from industry, that they would consider preparing a preliminary draft of the document which EPA envisioned would ultimately be presented to the Court by way of requesting a stay of the Court's mandate pending additional rulemaking. It was recognized in that meeting that industry cozaunications would be greatly facilitated if EPA would put on paper a description of how it intended to present the hdped for understandings and commitments to the Court. I urge your earliest consideration of that mattar. HONS 003294 3 We look forward to discussing all of these matters with you at today's meeting. David Forsyth Assistant General Counsel for Antitrust and Regulatory Litigation cci EOF v. EPA litigants other interested parties MOWS 003295