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H&SC 27 CHEMICAL MANUFACTURERS ASSOCIATION Health and Saf sty Committee Meeting Minutes CMA, Terrace Conference Room A&B 2501 M Street, NW Washington, DC 20037 Wednesday April 15, 1987 9:40 a.m. - 2:30 p.m. Members Present Company Robert F. Brothers J. Ronald Condray Robert E. Hanson Michael Marshall Thomas J. Marriott Irv Rosenthal Mitchell Sauerhoff David Sigman Gary Sunshine Gary Ter Haar (part time) Eastman Kodak Company Monsanto Company Shell Chemical Company Lonza, Inc. Air Products & Chemicals, Inc. Rohm & Haas Company Stauffer Chemical Company Exxon Chemical Americas ICI Americas, Inc. Ethyl Corporation Members Absent Eugene C. Capaldi Raymond W. Hussey George A. Rodenhausen Frank Ubel ARCO Chemical Company The Lubrizol Corporation Celanese Corporation 3M Company CMA Staff Kathy Bailey (part tine) Timothy Burns (part time) Nancy Doerrer Joanne Padron Christopher Nolde (part time) Timothy O'Leary (part time) Lori Ramonas (part time) Randy Schumacher Stephanie Siegel (part time) Gabrielle Williamson (part time) David Zoll (part time) R. Condray convened the meeting at 9:40 a.m. The committee approved the minutes of the April 15, 19 37 committee meeting with the following changes; M. Herz and J. Henshaw attended the meeting part time. Title III Manual G. Sunshine briefed the committ e on the proposal to hire an outside consultant to prepare an "owner 's manual" on Title III. The manual will act as a set of guidelines for setting up successful right-to-know and emergency preparedness prog rams. The committee agreed to authorize CMA 060830 HSC Meeting Minutes April 15, 1987 Page 2 the Steering Task Group to approve up to $50,000 for a consultant to begin drafting the manual. 3. Animal Testing Bills The committee discussed the vari dus animal rights bills pending that would restrict the use of animal s for health effects testing. It agreed to gather more informatio n on policies and positions that other trade and professional groups have adopted. The Health and Safety Committee recommended that CMA llow the Cosmetic, Toiletries and Fragrance Association to take th s lead advocacy role on this issue. 4. Product Safety Guideline The Product Safety Task Group as ked the committee to approve the draft Product Safety Guidelines. The committee approved the basic concept of the guideline but agreed that ad ditional editorial comments are needed. N. Doerrer will resubmi t the guidelines to the Product Safety Task Group and ask for additiona 1 comments by the end of April. R. Schumacher will determine what 1 evel of CMA review beyond the Health and Safety Committee is appropri ate before printing the guidelines. 5. NTP Annual Report on Carcinogens On April 21, 1987 CMA will testi fy before the National Toxicology Program (NTP) on their process u sed to produce the Annual Report on Carcinogens. The Hazard Assessiment Task Group requested that the committee approve their final dr.aft comments on the Report. The committee delegated responsibili ty for final review to the task group, N. Doerrer will contact the Offi ce of Toxicology Assessment (OTA) and recommend they consider the Fede ral Register's comments before they complete the report, Federal Testing and Regulation of Carcinogens. 6. TSCA Section 8(d) Interpretation The committee discussed EPA's ir terpretation of TSCA Section 8(d) in the Lonza case. The committee algreed that each member should talk to their respective legal counsel regarding a CMA legal challenge, and ask each legal counsel to contact D. Zoll. Worker Notification Legislation C. Nolde briefed the committee c n the status of Sen. Metzenbaum's and Rep. Gaydos' bills. The mark up for Rep. Gaydos' bill is scheduled for April 23, 1987 and the mark up flor Sen. Metzenbaum's bill is April 28. 8. Noise Recordkeeping The committee discussed the isst e of recordable hearing loss in the workplace, and asked the Health Programs Task Group to address the recording hearing loss issue anc make a recommendation back to the committee. CMA 060831 HSC Meeting Minutes April 15, 1987 Page 3 9, 'Ozone Standard Revision The committee discussed allege d health effects of ozone and the ozone standard under the Clean Air A ct that is being revised. R. Schumacher will consult with D. Carroll o n the health issues, with API on its reviews on health effects of o zone, and with AIHC on its involvement in the issue. .10 Notification and Reporting Tas k Group The committee confirmed John Kasper as the new task group chairman. 11. Sponsor's Reports The Public Compensation Task Group will review Sen. Richardson bill and recommend a CMA position at the upcoming Task Group meeting. The Hazard Assessment Task Group is negotiating with a contractor to prepare comments on ATSDR's 100 list, model toxicological profile format, and criteria for listing. R. Schumacher will provide a copy of the State Affairs Division's book on state Title III legislative proposals to the committee members. R. Schumacher will arrange to show a copy of the CAER Title III implementation videotape and tie Risk Communication videotape at the next committee meeting. R. Schumacher will contact D. ^oggs regarding NIOSH's NOES II Survey. 12. Adjournment The committee adjourned at 2:3b p.m. Minutes Subject to Approval 051287 RPS:jp Randal P. Schumacher Director Health, Safety and Chemical Regulations f CMA 060832 HSC Meeting Minutes May 20, 1987 Page 2 2.- HSC Planning Meeting Follow Up The Health and Safety Commit1: ee will review summaries of the goal sessions presented at the Pl^:nning Meeting at their next meeting and discuss workplans to impleme ifit the goal programs during the coming year. Summaries of the goal sessions will be sent to all attendees of the Planning Meeting. MTD Workshop The Hazard Assessment Task G oup requested approval of an expenditure up to $10,000 in outside services funds to help fund the National Agricultural Chemicals Assoc ration's (NACA) workshop on the "maximum tolerated dose" (MTD) common]!y used in oncogenicity studies. The task group informed the committee that AIHC and PMA have declined to support NACA's proposal until furthei: work is done to develop a better scientifically-oriented prog:: am. The committee agreed to evaluate a revised proposal from NACA fo r such a workshop at a later date. 4. Proposed Comments on SARA Section 110 The committee expressed inte rest in obtaining EPA's draft documents on Significant Human Exposure Levels (SHEL) and data gaps. N. Doerrer will contact EPA to obtain obpies for the Hazard Assessment and Health Programs Task Groups to review. The committee asked the Hazard Assessment Task Group to co: ent on appropriateness and criteria of quantitative exposure assess:iients for data generation. Also the committee would like use of :he Structure-Activity Relationships (SAR) for generating data included in our comments. Committee members should give N. Doerrer additional c bmments by May 26. The committee recommended se nding a one page condensation of Wilmer, Cutler and Pickering's memo on SARA Section 110 to CMA's Executive Committee, Health and Safety and Legal contacts. G. Williamson will follow up on the committee's recommendation to alert executives about potential millions of dollar 5 in testing costs and impact of SHELs. Keystone Center Project on OtIR R. Schumacher requested approval of the expenditure of $10,000 in outside services funds to suioport the Keystone Center's project to establish a National Policy Dialogue on Occupational Health and Safety Record-Keeping. The committ ae waived the Rules of Procedure and approved the funds for the p roject. CMA Comments on EPA's Use of TSCA Section 5(e) The committee approved the Niotification and Reporting Task Group's recommendation to file comme::its to EPA on the use of TSCA Section 5(e). The task group will aji ialyze the impacts on innovation by Section 5(e) with a view of possible future TSCA reauthorization. I. Rosenthal will provide the task group with a copy of Rohm & Haas' analysis of Section 5(e) impacts. C4M060834 HSC Meeting Minutes May 20, 1987 Page 3 7. TSCA Section 8(d) Enforcement Policy The committee reviewed the stat:'us of litigation involving EPA's TSCA Section 8(d) enforcement policy and were informed that Lonza, Inc. has decided to litigate with or wi t^hout CMA participation. CMA has decided to request the court to interve ne on behalf of Lonza. AIHA has also expressed an interest in partic ipating in the litigation. G. Williamson requested that membe r companies provide CMA with any company specific guidance that EPA has given them. She will send committee members copies of the Lonza dodument that triggered the citation so that their companies can evalua te whether they would submit this kind of information under Section 8 (|d) regulations. 8. NIOSH NOES II Request for Information The committee discussed the ap;propriateness of NIOSH's request for formulation information on the Noes II project. R. Schumacher will meet with R. Boggs to discuss further follow up with NIOSH. S. Siegel will contact NIOSH about sending letters to member companies assuring confidentiality, and will outliine NIOSH's legal authority to obtain information. Title III Implementation The committee discussed the sta tus of CMA's Title III program and the need to communicate with other associations Title III requirements. R. Schumacher will speak with D. CCarroll regarding the Environmental Management Committee's setting up a health group to address Title III Implementation. C. Cathcart wi 11 send the committee members copies of the outline for the Title III Dwners Manual". The committee will discuss whether CMA needs to do anything additional at the next meeting. 10. TSCA Section 8(e) Reporting by :MA R. Hanson requested that the co>ji :nmittee consider a written policy to guide Special Program Panels on Submitting TSCA Section 8(e) notices to EPA. Members referred the issufe to the Special Programs Policy Committee (SPPC) for its consid^ ration. G. Williamson will report on the Health and Safety Committee 's discussion to SPPC 11. Liability Reform Work Group Spe akers The Liability Reform Work Group requested that the committee approve spending $4,000 in outside servf. ces funds for speakers to participate in a special meeting on Compens:ating Toxic Injuries, and for the taping and transcribing of the present^iitions. The committee waived the Rules of Procedure and approved the e xpenditure of outside services funds. CMA 060835