Document vYG7Y4Bz0nv0nZ36MeQ59kZb

Inter Office MEMO TO FILE Car Engineering August 22, 1979 Subj set: Asbestos The attached pages have been selected to represent the increased activity in newsletters, "newspapers", and Washington related sources in the tox/haz area, especially concerning asbestos. There are many more, but the important pressures are clears 1. The slant is toward asbestos elimination. 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 are becoming vocal. An example is a quote using "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 is draft regulation in the works. 7. There is an advanced notice for proposed rulemaking to TSCA. 8. There is an umbrella being considered as an "overall approach to cancer"...which supports those factions favoring total elimination of asbestos. 9. Gaskets and brakes are sometimes covered specifically but, even more dangerously, would be subject to broad general rulings where specifications would be more difficult. - SCF-FORD-1752 HFM- 004022 May 2.1979Tctjric Materials News - Page 139 SINGLE DOSE OF VCM 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 CPSC study have indicated, for the first time, that inhaling one high dose of a known carcinogen may cause cancer in animals. As a result, CPSC is now suggesting that a one-time exposure to VCM, or possi bly other similarly acting carcinogens, occurring in connection with an accidental spill, "could threaten workers at the spillage site, public safety personnel, and perhaps even nearby residents." During the study, laboratory mice and rats were exposed to VCM-for one hour at levels of 5,00Q and 50,000 parts per million. The animals were allowed to live their normal life span, then examined for evidence of tumors. Pulmonary tumors, both be nign and malignant, were common in the mice, although not in the rats. A concurrent reproduction study showed no evidence of mutagenic or teratogenic effects. According to CPSC's Joseph McLaughlin, project supervisor, this study is the first to assess the effects of short-term exposure. VCM was selected for the study because its carcinogenic effects are well known, but CPSC says that further short <v term, high-dose studies of other carcinogens may be appropriate. Study was conducted by Bernard McNamara and his staff at the Chemical Systems Laboratory, formerly the Edgewood 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 summary report are available from Office of the Secretary, CPSC, Room 300, 1111 18th St., N.W. Washington, D.C. 20207. r*^J V'* A' *** . V ' NIOSH CHIEF URGES ELIMINATION OF ASBESTOS IN ALL NON-ESSENTIAL USES All non-essential uses of asbestos should be eliminated and 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, Robbins said that "sufficient research has been conducted to conclude that asbestos is so hazardous that less toxic substitutes should be used whenever possible so that future generations of workers will not have to suffer debilitating or fatal asbestos-induced disease." Robbins said he could not accept the industry complaint that, "Gee, I don't have a substitute," and he called for studies to establish minimum 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- wswc- '< lseasw* w'wwvwdsssjw ttpensation for Asbestos-Related Illness The subcommittee hearing was one in a series 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, and criteria for establishing disability from asbestos exposure. ` Rep. Millicent Fenwick (R.-N.J.) led off the hearing in support of her bill (H.R.274P) to compensate victims of asbestos-induced disease as well as members of the workers' household and surviving dependents. Fenwick's bill is opposed by Rep. John Erlenborn (R.-Ill.), who does not favor a disease-by-disease approach to workers' compensation and who also opposed efforts to compensate textile workers stricken with brown lung disease as a result of exposure to cotton^lus'k. HFM - 004023 Page 140To/ic Materials News________________ ~~ Mav 2. 1979 ' EFFICACY WAIVER IN CONDITIONAL REGISTRATION MEETS WITH USDA DISAPPROVAe"--- 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 criticized by the Agriculture Department. Commenting on the new yules for temporary pesticide registrations, USDA said the lack of an efficacy review could lead to approved pesticides with "less than desirable formulations" whicft could jeopardize the production of agricultural resources. The Federal pesticide law requires EPA to solicit the opinions of USDA before Lhe rules can be promulgated. USDA's comments and EPA's response to them are the last procedural requirements needed before the Administrator can sign off on the rules. His signature is expected within the next two weeks. Barry Flamm, USDA's Coordinator for Environmental Activities, wrote EPA that it "is essential that adequate supplies of efficacious materials" be available for farmers. He said the lack of an efficacy data requirement could allow ineffective or phytotoxic products to reach the market. EPA hopes the waiver of efficacy data requirements will help speed up additional registrations, but Flamm 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 18 letter, replied that the new waiver policy is intended as an experiment 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, ^ Johnson said, but noted that EPA will re-evaluate the waiver plan if it "fails to produce the desired benefits or abuses begin to develop." 1 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 4 intended only for the time being and that testing requirements will have to be incurred as planned generic standards become effective. *** ULV APPLICATIONS TO BE POSTPONE UNTIL NEXT GROWlirSEASON *****'**> ,- J: 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 recommended label directions, at least for this growing season. Forwarding a special,EPA report on ULV methods to Congress, Assistant Administrator Steven Jellinek said the agency would be issuing an advisory opinion to this effect in May. However, a second advisory will also be issued by the next growing season, Jellinek said, that will allow more user discretion in diluting pesticides. These options inay take the form of performance standards which would specify end results for drift, residues and health impacts, he said. EPA"' 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 benef$ts"tT>f- ULV uses because the risks associated with the alternatives have not yet bS&n evaluated. When these risks are assessed, the agency would then be in a position tCF'grant exemptions which could be based on "inherent hazard rather than assumed safety," the group said. .y 8002 1387 HFM - 004024 June 27, 1979 ______ Jo/ie Materials News_ ~-- Page 205 STATES REQUEST MORE MONEY FOR HAZARDOUS WASTE CLEANUP _*"- Representatives of New York, New Jersey, Michigan and Kentucky have" appealed for Senate support for more money for hazardous waste cleanup, claiming the Administra tion's superfund proposal allocating $300,000 for emergency aid "will hardly make a dent" in the problem of bringing chemical waste dumps under control. Disadvantaged by the lack of time to adequately study the new bill, state offi cials told a Senate Joint Committee June 21 that they were uncertain whether dumpsites in 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" for the New Jersey site formerly owned by Chemical Control Corporation where pounds of explosive chemicals have been found recently. Bradley estimated that $10-million would be needed for per manent cleanup of this site which would not be covered under the superfund proposal. (Off-site disposals are not covered unless these costs are less than the cost of 20- year containment.) Glenn Paulson, Assistant Commissioner 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 mated the state's share, which goes up from 10% of costs exceeding $200,000 to 50% of this excess for municipally-owned or state-owned dump sites during the first year, would cost New Jersey between $300-600-million. *** NO S/\ ft LEVEL OF NCTR ANIMAL BIOASSAY REFUTES CONCEPT OF 'THRESHOLD DOSE' FOR CARCINOGENS * 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 ceeded before these chemicals cause cancer. In a 24-33 month carcinogenicity bioassay in which 2-acetylaminofluorene, 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 18 months into the study. These tumors continued to develop in animals that 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 Cairns 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 is currently used by Environmental Protection Agency. NCTR said survival in the mice was very high, 90% at 18 months, which prompted them to continue the tests in some animals for 24 months, and in others for 33 months. *** EDF URGES CONGRESSIONAL LIMITS ON EX PARTE AGENCY MEETINGS ^ ' vExplicit restrictions on ex parte contacts between Executive agency officials and other parties after the close of the pdblic comment period on agency regulatory activities should be Congressionally mandated, Environmental Defense Fund urged June 20. In testimony before the Senate Governmental Affairs Committee, EDF attorney Jackie Warren said that ex parte controls are needed because "increasingly, we are seeing the development of two separate rulemaking procedures." First is the official' public comment period. Second is the practice of "secret communications from high-ranking members of the Executive branch as well as from members of Congress or private parties." These ex parte meetings are a "gross abuse of the administrative process," Warren said be cause these meetings seem to be at "the decisive stage in formation ofc-controverslal" new rules. ~- Warren suggested that since it would be impossible to totally.b^tfiese meet ings, the agencies should keep either a transcript or detailed summary of- these ex parte communications and allow the record to remain open for rebuttals. ' 8002 1388 HFM - 004025 gftKQ 2.0.6, Topic Materials News___ ~ ' June 27. 1979 EPA SEEKS NEW IDEAS ON ENDING THE 'RACE TO THE COURTHOUSE' SYNDROME -*1- Upon learning that the mall delivery of the Federal Register in some areas of the country falls 7- to 10 days behind its actual publication date. Environmental Protection Agency is seeking comments on how to provide "greater fairness" in the so-called "race to the courthouse" syndrome. EPA has described this "race" as the attempts by industry and environmental groups to be the first to file suit in U.S. Appeals Courts against agency regula tions under the Clean Water Act (TMN, June 18, 1979, p. 189). In a June 4 Federal Register notice, EPA acknowledged there was some confusion as to when these groups and the courts should consider an EPA rule "issued." EPA's first proposal, that "1:00 p.m., eastern time, one week after the rule's publication in the Federal Reg ister," would be the official publication time. However, the agency now feels that this may not be enough time 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 may also be used for similar situa tions related to Toxic Substances Control Act regulations if this "race" becomes a regular feature of future TSCA actions. Comments on the proposed racing rule are due Aug. 3 to: Richard Stoll, Office of General Counsel, EPA 20460, (202) 755-0760. *** TOXIC MATERIALS NEWS IN BRIEF Rep. Albert Gore (D.-Tenn.) has accused Hooker's parent company, the Occidental Chemical 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 waste sites Indicated that the company knowingly dumped five tons of pesticides into the ground annually and did not 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 "We have de stroyed the usability of several wells in our area. If anyone should complain, we could be the party named in an 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 Corp. is undertaking a $250-million renovation program at its Niagara Falls, N.Y. site to improve the company's public image and the facility's profit ability. Company spokesman, Bruce Davis, said the five-year project includes a facelift for the 100-acre site 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 eqrth tones. Occupational Safety and Health Administration and National Cancer Institute have taken steps to protect workers removing asbestos 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 kApw how to protect the health of workers who must remove or contain asbestos materials," according to Assistant Secretary of Labor Eula Bingham. Educational materials will benefit school admin istrators, custodians and students since all might be exposed to asbestos if it is removed or contained improperly. Deputy Administrator Barbara Blum announced June 20 that the nematocide DBCP has been found in Arizona drinking water in sampling tests 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. Water from Florida, Georgia, Hawaii, and South Carolina was~3fburi3 to be free of DBPC contamination. Blum speculated that soil conditions accounted for why the chemical was found in some areas and not in others since all five"s_tates still permit its use. DBCP was also detected in some California drinking water (TMN, May 30, 1979,, p. 174). ' fiset souy HFM - 004026 V-' CHEMICAL REGULATION REPORTER <!' A weekly review of activity affecting chemical users and manufacturers 1929--1979 Volume 3, Number 18 THE BUREAU OF NATIONAL AFFAIRS, INC August 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 ministrator for Toxic Substances Steven D. Jellinek 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 8(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 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) allegations a year (p. 728). FORMS AND INSTRUCTIONS for reporting THE OPTIONAL USE of United Nations ship ping descriptions and identification numbers would be allowed on certain hazardous materials under a proposal 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 in a letter to the Natural Resources Defense Council He says risk assessments should only be used as "coarse indicators" of degree of substances to be included on the revised chemical substance inventory are distribut'd 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 jn 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. 729) A CIVIL PENALTY of $35,000 is sought by EPA from the Virginia Electric Power Company THE FIRST 8(a) RULE for individual sub for improper storage and disposal of stances to be proposed under TSCA is expected to polychlorinated biphenyls. The agency says it has deal with polybrommated biphenyls and tris, ac- collected $64,000 in penalties on seven PCB com coiding to EPA staff The proposal, now plaints to date (p 734) Seri ton 1 Copyright 1979 by The Bureau of National Affairs Inc 0148 79>3/79/$00 50 RtlOr> 1390 HFM - 004027 i I CURRENT REPORT 731 U hen someone makes a decision to conceal infdrma,tofm .ibout a product or an industrial process knowing fplTwell that the product or process jeopardizes someone s life health or safetv I believe a criminal act ha^occurred Miller said jN)0U!>TY CQV6R-VP Asbestos and Chemical Hazards Miller said the bill grewr out of a vedr-Iong investigation of health hazards in the asbestos jjraustrv (Current Report January 12 p 1799, May 4 We have pieced togjUtef'a legacy oFTaur decades of cover-up which has resulted in the exposure of millions of people to cancer-c^dsing asbestos materials." Milder charged ed Miller also cited other examples of what h^donsiders "this kind of corpora^ indifference to human-health and safety " He said congresionaTK?arDigrfIave revealed "longstand ing poisoning of underground water wells by the Occidential Chemical Corporation in Lathrop. Calif Miller asserted that Occidential continued to discharge contaminants for several years after an internal company memorandum said. Our laboratory records indicate we are slowly contaminating all wells in our area" (June 29, p 4701 Another example Miller gave was continued production of dibromochloropropane (DBCPi which has been shown to cause sterility m workers Miller said chemical producers knew as early as 19S7 that OBCP was dangerous (August 19. 1977, p 792) Miller also charged that Allied Chemical Company in creased its production of Kepone in the mid 1960's, despite extensive laboratory tests which revealed its potential for causing cancer, liver damage, and reproductive system failure" (Mav 20 1977 p 3321 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 case," Miller claimed certain corporate of ficers made a conscious decision to subject unsuspecting and innocent people to hazards which could imperil their safely and even their lives ` 'Cover-ups' Not Normal Practice Miller also said, ` I do not believe these sorts of cover-ups constitute a normal practice for most industries or most businessmen in the United States However, he continued, "Neither can one conclude that these are merely isolated incidents No Additional Tasting He said the measure would not require any additional testing of products,, nor would it expand government regulatory activity, or impose exhaustive paperwork burdens on companies The Miller bill would create a new section of Chapter 89, Title 18. of the U S Code, which deals with crimes related to professions and occupations The bilCs provisions are not restricted to any specific industry and no specific federal agency is mentioned as having enforcement responsibility Existing Reporting Laws The bill 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 Rodenticide Act However, the bill differs from the TSCA and FIFRA report ing requirements because it would not be restricted to chemical hazards The measure also would not require leportmg of environmental effects that do not endanger humans, and it would establish much more severe criminal penalties Section 8>e> ol TSCA foi example- inquires a manulac turer piocessor or distubutor ot a cfibmical substance oi mixture to immediately notify the Environmental Protec tion Apenc\ if he discovers information which reasonablv shows that the chemical presents a substantial risk ot in jury to health or the env ironment ` TSCA establishes civil penalties of up to $25 000 per da\ and criminal penalties of up to $25 000 per dav and imprison ment for up to one vear for violations of the act FIFRA requires a pesticide registrant to notify EPA ol new information ` regarding unreasonable adverse effects on the environment of the pesticide ' Penalties undei FIFRA are limited to a civil penalty of up to $5000 for each offense and to a criminal penalty of up to $25,000 and imprisonment for not more than one year. No companv has vet been taken to court for violation of TSCA section 8(e) reporting requirements EPA enforcement personnel told Chemical Regulation Reporter August 1 that Section 8(e) does not lend itself to enforcement because of the difficulty of detecting the existence of a hazard informa tion cover-up Reporting . EPA OFFERS FORMS. INSTRUCTIONS ON REPORTIING FOR REVISED INVENTORY 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 1980 will include chemicals listed in the initial inventory publish ed June 1 under the Toxic Substances Control 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 com eted premanufacture notification procedures The EPA publication entitled `Instructions for Reporting For The Revised Inventory" gives detailed instructions to aid processors in filling out the "Form E" reporting docu ment Copies of "Form E" and excerpts of the EPA reporting instructions are published in the Full Text section of this issue On the form processors and users are to list their name address, telephone number, the name and structural forma tion of the chemical and its Chemical Abstracts Service (CAS) number if known If a processor or user can get certification fiom its supplier that the chemical already has been reported to EPA for inclusion on the inventory, they need not be concerned with reporting EPA said Either EPA or the supplier can,tell the processor if the chemical is on the initial inventory Persons who received a booklet with the same title and With a brown and white cover should request the new booklet EPA staff members said Several changes have been made m the newest version Many of the instructions in the current version were included in EPA's May announcement that the initial inventory of chemical substances was available (Current Report. May 18. p 219, p 234) After official publication of the initial inventory June I manufacturers and importers had 30 days to report chemical substances not included on the inventory After Juh 1 manufacturers and Importers became sub ject to premanufacture notificatiSU^requrrements for new chemical substances - 8 3 79 Copyright * 1979 by The Bureau of National Affairs Inc 0149 7973.79<S00 50 "II f t 13-71 HFM- 004028 OCCUPATIONAL SAFETY & HEALTHJJPORTE 1929--1979 A weekly review of occupational safety and health developments Volume 9, Number 10 THE BUREAU OF NATIONAL AFFAIRS, INC August 9, 1979 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 Health regarding a potentially serious design ionizing radiation from radio frequency heat limitation in a radio frequency method forprotect- 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 infor 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). oOSHA'S POSITION that it may issue standarddssN A REVISED PROCEDURE is announced by V^. w"JWwiIiIthilol uint eevsittaimblaytiinngcrebaesneeftihtse to workers' healtthhj already substantial the Occupational Safety and Health Administra 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 brief is one of six friend-of-the-court briefs evaluation of all complaints before a workplace that urge the Supreme Court to uphold an inspection is undertaken (p. 235). appellate court decision striking down OSHA's benzene standard (p. 238). NIOSH URGES EMPLOYERS to begin ap propriate workplace practices to reduce the risk 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, stibene, 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 earlier 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" with regard to some respirator, a NIOSH official asserts (p. 236). THE HOUSE APPROVES the conference report on the fiscal 1980 appropriations bill for the Departments of Labor and Health, Education, and Welfare, clearing the measure for further Senate action following the congressional recess. Continuing controversy over anti-abortion provisions is expected to delay final passage of the bill (p. 237) A NEW PROGRAM intended to train 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 REFERENCE FILE SUPPLEMENT with this week's OSHR includes revised Oc cupational Safety and Health Administration standards for commercial diving, cotton dust in cotton gins, and the chlorine listing in the table of toxic and hazardous substances, and revisions to the OSHA Field Operations Manual chapter on field reporting procedures and forms. Section 1 Copyright 1979 by The Bureau of National Affairs, Inc, 0096 3237/79/S00 SO R0 92 1 '.f ? HFM - 004029 802 CHEMICAL REGULATION REPORTER The pi mary difference .s that the Senate measure (S ' ;j) t 'ji.!d permit i;. mbjrsement to state governments for r,-fis , pe-( on programs to detect asbestos hazards in schools after January 1, 1976 The House bill would provide fr direct grants omy to school systems, and would be r troactivc only to January 1 1977 Both the Senate and House tills would provide $30 million per j ear for three years for grants to educational agencies for up to half the cost of programs to detect asbestos hazards in schools The bills would also establish a three-year loan program, limited to $100 million per year for up to half the cost of containment, removal, or replacement of hazardous asbestos-containing materials The loans would be interestfree and would run for up to 20 years. The 50 percent limit on the grant and loan programs would be waived for schools with financial difficulties Grants and loans would be available retroactively to January 1,1977, in the House bill, and to January 1,1976, in the Senate version The bills would not require asbestos producers to reim burse the Government for the cost of the grant program, as urged by environmental groups and proposed in earlier ver sions of the House measure However, the bills would direct the attorney general to determine whether, by using all available means, the United States should or could recover, from any person" the lunds spent under the grant program Asbestos CPSC 8TAFF DRAFTS NOTICES FOR REGULATING ASBESTOS IN PRODUCTS . The staff of the Consumer Product Safety Commission presented the commissioners with draft Federal Register 1 notices August 6 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 (l)a draft advance notice of proposed rulemaking, . 21 a draft statement of policy on coordination of regulatory activities between the CPSC and the Environmental Protec tion Agency and (3) 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 an early review by the commissioners, with an expected publication date around mid-September The draft general order however, rr .lures approval by the General Accounting Office, and the staff has not yet prepared a specific list of products that would be included m the.order Before submission to the GAO, the order must be approved by the commission and a supporting statement must be prepared, which includes a narrative justification for the reporting requirements, an estimate of the number of per sons or firms subject to the order, an estimate of the com pliance burden associated with the order, and 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 45 days. The draft general order will be submitted for CPSC con sideration when the supporting staff work has been com pleted Originally, the staff was directed to issue special orders to manufacturers of asbestos 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 produets and eliminate the additional step of requiring manufacturers of asbestos paper to rt pend to special ordeis . Advnncs Notice " The draft advance notice of proposed rulemaking will ex plain that the CPSC proposes to investigate the use of asbestos in consumer product by soliciting general informa tion on the use of asbestos in products through this notice and by requiring, by special or general orders, the submis sion of information concerning certain products The notice will describe CPSC's proposed regulatory approach to asbestos and will solicit public comments on the approach The joint statement on coordination of regulatory ac tivities describes the cooperative efforts by the CPSC and EPA m dealing with asbestos m consumer products under the Toxic Substances Control Act and the Consumer Product Safety Act respectively The CPSC can also regulate under the Federal Hazardous Substances Act The draft notice states that both agencies have acted previously to regulate asbestos but they are still concerned that human exposure to asbestos from many sources may present an unreasonable health risk EPA's efforts include a systematic gathering of informa tion on groups of asbestos products, and an evaluation of risk from these products based on the life cycle concept In the life cycle analysis, the cumulative risk 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 act'on is being taken by EPA EPA will publish an advance notice cf proposed ru'emaking simultaneous w ith `.he CPSC m m cptember Lead EPA ADOPTS REGULATIONS ALLOWING EXEMPTION FROM LEAD PHASEOOWN RULES The Environmental Protection Agency August 7 adopted regulations exempting small refiners from the i ules on lead content of gasoline (44 FR 462751 Under the regulations (40 CFP. 80) gaso'ir.e manufac tured at a small refinery must not exceed a specified average lead content for any three-month period beg<nmng October 1 1979 and ending with the three-month period beginning July 1 1982 The average lead content Is as follows Barrels per calendar day*1 Grams per gallon * 3,(100 or under 3.001 to 10,000 10.001 to 13,000 15.001 to 20 000 Greater than 20,000 265 2 15 1 65 1 30 80 1 Preceding calendar year production rate of gasoline Allowable average lead content of gasoline A "small refinery ' is defined as one with a crude oil or bona fide feed stock capacity of 50,00 barrets per day or less, and which is not owned or controlled oy any refiner with a total combined crude oil or bona fide feed, stock capacity greater than 137.500 barrels per day 8-10-79 Chemical Regulation Reporter 0148 7973/79/500 50 ay OP HFM- 004030 Vol. 6 No. 33August 15, 1979______________________________________ ^Page 257 * EPA To Seek Comments on Reimbursement for Test Data................................................................ Page 258 * EPA Responds to CMA Petition for Procedural Changes ip TSCA Rulemaking .... . Page 258 * Government Must Protect Public From Chemical Exposure, TSSC Says....................... . Page 259 * EPA Drafts Adverse Reaction, Health and Safety Reporting Rules........................................................... Page 259 * Femamicide More Toxic Than Thought -- Initial EPA Reaction to Canadian Study.............................. Page 261 * NTP Annual Plan Falls Short of Public Concerns About Toxic Chemicals . ............................. Page 261 * Petroleum Institute Faults OSHA's Logic in Benzene Standard...................................... . ... Page 261 * Dow Seeks Exemption `Under Protest' To Manufacture MCBs............................................................. Page 262 * Internal Problems at IBT Plague Industry Reporting Under TSCA Section 8(e)................................... Page 262 * Draft GAO Study Suggests EPA Use Science Court to Resolve Disputes............................. Page 262 * Chemical Manufacturers Asked to Monitor Processed and Raw Effluent.................................................. Page 263 * EPA Proposes Rules Governing State Registration of Pesticides.............................................................. Page 263 f-K - , **'** - SLANTS & TRENDS j, v A "FAIRLY SUBSTANTIAL PERCENTAGE OF PRODUCTS" containing asbestos will be the sub-' * ^ ' ject of an advanced notice of proposed rulemaking (ANPR) being developed by EPA as t an Initial step in its effort to regulate asbestos outside school buildings. The ANPR will seek discussion 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 determination on all products listed in the ANPR, thereby avoiding ^ the burdensome process of having to prove that unreasonable risks exist for each in- v dividual product. The ANPR is expected to be issuedsometime in October. - AN ANPR ON THE SCHOOL ASBESTOS PROGRAM was released Aug. 14 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 occurred, and periodic monitoring. Eight factors for consideration in assessing the extent of hazard are included. *** <*. AN INTERAGENCY ADVISORY GROUP'S RECOMMENDATIONS for improving Federal regulation of toxic substances (see story on page 259) was not well received by industry. Tatiana Roodkowsky of the U.S. Chamber of Commerce suggested that recommended restrictions on the protection of confidential business information "could hinder innovation and 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 concepts and recommendations that have either been disputed or dis credited since the committee was created in 1977, according to a statement from the Chemical Manufacturers Association. -- Published weekly by Business Publishers, Inc. Editorial and business offices' P.Q Box 1067, SilverLSpriqg, MID 20910, 30b 587-6300 Subscription price $176- per year, $96) for six months, U S , Canada and Mexico, $210) per year'Tn all other coun tries (includes Air Mail delivery) Multiple copy rates on request tp Henry Kleiner, Jr, Business Manager. Printed in U S A, ' 1979 Business Publishers, Inc. b 6 t c' OOb HFM - 004031 Page 258_________________ Topic Materials News August 15, 1979 SLANTS & TRENDS (Cont.) TOO MUCH CHLMICAL TESTING has been designed to give chemicals "a clean bill af health and not to detect lesions," OSHA director Eula Bingham told a public meeting on the National Toxicology Program Aug. 10 (see story on page 261). Bingham said she hoped NTP would raise the consciousness of the scientific community concerning the need to improve test meLhods to detect chemical injuries. *** EPA TO SEEK COMMENTS ON REIMBURSEMENT FOR TEST DATA An advanced notice of proposed rulemaking that seeks comments on how EPA should handle the problem of reimbursement of firms that provide data to meet a Section 4 test rule requirement is going through the agency's review process and should be published within a month or two. Under the Toxic Substances Control Act, if a firm is doing testing required for an existing chemical, other firms can seek-exemptions on the grounds that the testing is already being done. The exempt firms must then reimburse the testing firm. If firms cannot reach agreement on reimbursement, they will turn to EPA to resolve the matter. In its draff ANPR, EPA is considering three alternative approaches by which it could determiue the amount of reimbursement due the testing firm. The first approach calls for case -by-case determination of money owed on the basis of allowable testing costs 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 that defines the three terms and says how much weight should be assigned to each one in determining relmbursement. The third approach would define the terms but not provide the weight given to each. According to EPA the second and third approaches would be easier to implement, v requiring less Lime and expenditure of resources, but they would be less flexible. They would also encourage direct settlements since firms would know how EPA is likely to set the reimbursement. Other questions to be resolved and on which EPA will seek comments are: how to protect confidential information such as market share or even that a firm produces a certain chemical; when to set reimbursement so that a testing firm does not have to wait years for Its money yet avoid continually recomputing a firm's share of test costs as new companies enter the market; whether or not to reimburse several firms which conduct similar tests; Whether the market share should be based on sales or production and the period -of time for which market share is measured; the definition of competitive position; whether allowable costs should include actual test costs or the standard cost of type testing conducted; the type of administrative proceedings to be used when EPA is called in (the agency currently favors an expert panel); and to what extent firms expect to collaborate on testing. , *** EPA RESPONDS 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 at one time, CMA pointed out. Responding to CMA, Assistant Administrator Steven Jellinek noted that EPA has many TSCA provisions to put into effect and "if EPA were to implement these provisions one at a time, it would be many years before TSCA would be fully implemented." But Jellinek conceded that a problem exists, and for this reason said that the agency is trying to keep interested persons fully advised of agency thinking prior to proposing rules in order to insure that muterial reviewed during the comment period is not entirely^ new. Jellinek rejected a CMA request that all public meetings on proposedjmtes he held after the close of the comment period. He suggested instead that the-^timing of meetings be made on a case-by-case basis, since some rules are amenable _to^4l&yed meetings, while others necessitate swift action and delays in public meetings-would not be in the public interest. " ' 6002 1395 HFM- 004032 CHEMICAL REGULATION REPORTER PM.Ns The .other will deal with existing chemicals m chemicals on the inventory according to the EPA staff SNLRs would be another means of gathei mg data on a sub stance after it has passed through the premanufacture review process according to EPA staff General Policy EPA OUTLINES REIMBURSEMENT SCHEMES; CONFIDENTIALITY REMAINS PRIMARY PROBLEM Three options for reimbursement for use of testing data under the Toxic Substances Conti ol Act are outlined in an Environmental Protection Agency draft notice under going agency-wide review The three approaches vary primarily m the 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 the primary problems in any approach adopted, according to the EPA draft advance notice of proposed rulemaking TSCA requires EPA to develop reimbursement strategies and procedures for the costs of testing required under Sec tions 4 and 5 in cases where other companies are able to use and consequently benefit from the testing Such a case could arise when EPA requires a manufac turer of a substance to do testing under Section 4 and EPA intends to grant exemptions from testing for other manufac turers TSCA directs EPA to establish means whereby other manufacturers reimburse the company which did the testing EPA says two of 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 costs The third objective is to reduce the adverse impact of rules, orders, and procedures issued under TSCA on eompetimn, innovation, decisions to enter markets, small business, and the structure of the industry Relmbursemam Options The approaches outlined by EPA in the draft advance notice of proposed rulemaking range from a formula-type option to an ad hoc arrangement All 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 time, 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 in individual cases up to EPA The last approach would allow EPA to define these three factors m individual cases as well as weighting them The draft presents all three options, but also says a specific formula-type rule may not be feasible now Problem Areas Confidentiality is expected to be a major problem en countered in apportioning testing costs , * The draft notice notes two issues which are, likely to be 'ositive, and interfere with the`sharing of testing costs. First, many manufacturers may not want tjjp fact that they \ produce a certain chcmmal to become pcbwr-- ii manaiac turers claim such information as confidential, films will not be able to at rive at a settlement on their own because they will not know what other firms are involved The second type of information which firms are likely to claim as confidential ami which will interfere with appor tioning costs is marketing data Firms may not want other companies to know what their market share or allowable costs actually aie In these cases, EPA will be forced to conduct the negotiations on data reimbursement, according to the draft notice Other problems m the data reimbursement area are deciding the stage at which EPA should be involved in the process and when reimbursement should be awarded EPA staff members have said the agency is agreeable to having manufacturers woik out equitable arrangements on data reimbursement among themselves EPA staff have indicated that there is no need for EPA to become involved at any stage in the reimbursement between firms unless there is a dispute However, considering 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 The dratl notice cites duplicative testing as another poten tial problem in apportioning costs It provides some discussion of each of these issues and pros and cons for the three alternative approaches It also asks for comment EPA staff members said the agency is particularly recep tive to industry views on data reimbursement under TSCA They said proposals from industry would be readily accepted One staff member indicated that EPA would check in dustry reimbursement proposals mainly to see that all segments of industry, both small and large, would be treated equitably ,,, TOTAL e L/MlUATfOfJ OF Carcinogens AS0TSTOS PtSSl6L 500 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 by OSHA staff, and publication of the final document is now projected for early September, according to an internal agency memorandum signed by OSHA administrator Euia Bingham The scientific portion of the massive preamble was dis tributed August 9 to. agency staff members, who are under instructions from Bingham to forego official memoranda and bring comments or questions directly to the attention of Anson iKeller, the policy's main author The preamble is the result of six-months work by OSHA and Clement Associates, the Washington, D C, scientific consulting Him which has worked with OSHA on the develop ment of the cancer policy since its earliest stages Jay Turun, vice president of Clement Associates, told BNA that "many hundreds" of pages of scientific and technical information were submitted to OSHA in late June The work done at Clement involved reviewing the massive record compiled during two months of hearings last summei on, OSHA's piopos.il, 'Identification, Classification and Regulation of Toxic Substances Posing a potential Oc- Chemical Regulation FPporter 0143 7973/73/S0050 HFM- 004033 wnnnn nr.tun nipational Carcinogenic Risk," Urn agency s cancer policy ' (Current Report, May 26, 1978, p 298) Clement Associates staff identified 30 or 40 key issues from the heanngs, and outlined pros and cons of each Tunm said The preamble discusses many of the arguments laised at the hearings, but Tunm said Clement Associates did not attempt to draw conclusions on any of the issues Drawing conclusions as to what OSHA's decision was on each of the issues was the job of Keller, OSHA special assist ant for regulatory affairs and principal writer of the cancer policy, according to OSHA health standards staff Keller also supervised the Clement Associates work which was done as the final part of a $600,000 contract awarded the consulting firm In April 1977 by OSHA for developing the cancer policy, Turim said Similar to Proposal According to O^H A officials and others outside the agenev who h->ve seen the preamble, the final cancer policy mat not differ significantly from the proposed policy The proposed policv called foi classifying toxic substances into one of three categones, with specific regulatory action to follow (October 7, 1977, p 1026) ' The final policy is not expected to be subjected to any further regulatory review, according to OSHA officials The Regulatory Analysis Review Group and OSHA both per formed regulatory analyses of the proposed policy in 1978 (November 3, 1978. p 1371) 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 bioassays and discuss.on of the "regulatory dilemma " Included with the preamble is the risk assessment docu ment cf the Interagency Regulatory Liaison Group, winch Bingham said `accurately reflects my policy The IRLG document was published in July 'July 13. p 5331 2.4.6-T SCIENTIFIC ADVISORY PANEL DEFERS RECOMMENDATION ON CANCELLATION HEARINGS The Enviionmental Pi election Agency's Scientific Ad visory Panel August 16 decided to take another few weeks to consider the mass of evidence presented by EPA and Dow Chemical Company on the risks of 2,4.5-T and Si!ve\ EPA asked the panel to make a recommendation on the agency's decision to hold hearings to consider cancelling the remaining registered uses of the herbicides (Current Report Julv 13, p 529) The panel met August 15 and 16 to hear detailed presen tations from both EPA and Dow on the risks presented b\ 2,4 5-T, Silvex and their toxjg. contaminant TCDD 12,3 7 8-tetraehlorodibenzo-p-dioxmi Alsea Study Criticized i Dow representatives criticized the agency's study cl mis carriages occurnng among women near Alsea Ore . where 2,4,5-T has been sprayed on forest land Dow said the study which reports the incidence of hospitalized miscarriages in the Alsea area was Hawed because relatively few miscarriages resulted m hospitaliza tion EPA Deputy Assistant Administrator for Pesticide Piograms Ldwui L Johnson e.nhei t dd the pane! that the Alsea study had assumed a <'ui sty of ho-.i't i! i .ad woulu v.c'd mto:r'..cin on about to pnicvnt i .i'--.;; riages Houevu tat'! a further suruv lr.dt it-s t. id to 29 peicent of misca mages were reunite:! n liO--.pit.il locords He said EPA is rolldueling a iv-.v study which will Le completed in time for the proposed cancellation hearings Dow claimed the Alsea study had a nu~nti< r of discrepan cies The authors separated the data into two three-year periods The data show no significant increase m mis carriage incidence in the second peuod, although 2,4,5-T spraying tripled in comparison to the first period, Dow said The study reported a peak in June miscarriages follow ing spraying in April However the peak only occurred m 1976 although the spraying was conducted in each year of the six-year study, according to Dow Miscarriages during the 1976 noak occurred among women living at some distance upwind of the sprayed area, Dow claimed ' The members of the pane! cone luded that thev would not have time to go into the prohlcrcc scrounamg the Alsea studv and other reports of human exposure to 2 4 5-T and TCDD The panel decided to ba^e its reco*1 im* cttia "ins primarily on assessment of the laboratory testing data available on the herbicides and TCDD Tasting CHIPS DOCUMENTS RECOMMEND TESTING, FURTHER STUDY FOR 22 OF 40 CHEMICALS The Environmental Protect'on AgenCr is recommending 'c-siirg or further evaluation for 22 of the 40 chemical sub stances for which it prepared Chemical Hazard Information Proliles (CHIPs) The reports were done over a two-voar period ending August 1, 1978 Copies of tne report are not yet publicly available, but should be available from EFA s Office of In dustry Assistance in late October According to a survey of the <0 report: EPA s Office of Toxic Substances lOTSi recommended that no further evaluation was needed at this time on five of the substances Four chemicals were relerred to other agencies because thev already were being studied (here or because OTS infor mation in the CHIPs might 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 OTS wants more data or studybefore deciding if the chemicals need more 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 I ol EPA's hazard evaluation process <** CHIPs Decisions 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 policv Because chemicals are chosen for CH1F preparation for a vanety of reasons, the CHIP document for each chemical is 'a brief summary" of information uvaHable from abstracts, Government reports, and relerence works and Horn a search ol secondary literature, EPA said Infoimation in the CHIP is reported as it appea-s w the liteiature and generally no atierspLj-. n^v'c / venfv the find'rig-, m mg tne CHIP ph-isGSu hu/B'd FPA viiid n i n 17 7Q ' *,J! /f A'J*{ I POCd I 397 HFM - 004034 V Subcommittee chairman Janette B Sherman, n pjivate physician, ussed which states had refused to coopente with the voluntary program John DeKany, EPA Deputy Assistant Administrator for Chemical Control, replied that no state has been entuely unccuperative, although there have been problems m 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's Control Action Division, said a recent informal survey of EPA regional coordinators indicated that 40 to 50 percent of schools have been inspected for asbestos hazards He said EPA estimates that between 5 and 16 percent will be found to contain asbestos materials Commercial Use 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 6, p 496). Cindy Kelly, of EPA's Control Action Division, told the subcommittee that regulation of major asbestos uses. In paper products,'pipe,'and friction products would cover 60 to 70 percent of asbestos in commercial use She said it is important to study exposure hazards from asbestos products throughout the life of products, particulai Iv exposure resulting from disposal. EPA Hotline EPA is funding a hotline to answer questions about sampling and analysis of materials containing asbestos and about quality assurance techniques The hotline is operated by Donald Lentzen, an environmen tal scientist with Research Triangle Institute in North Carolina The toll-free hotline number is (800) 334-8571 The hotline is manned only during normal business hours and cannot be called from within North Carolina Hazardous Materials INDUSTRY OPPOSES MTB PROPOSED RULE ON 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 hold exemp tions to transport certain radioactive materials Comments received by the Materials Transportation Bureau question the Department of Transportation's ability to ensure that carriers 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 21 proposal, airlines could transport nonfissile radioactive materials without keeping them sepaiate from undeveloped film and animals (Current Report, May25, p 267) The carriers would bo required to include m their ladiation protection program iupervision by a competent health physicist meeting ceitain minimum professional re quirements They would have to keep exposure limits within the standards established by the deSipatvnu'- Safely and Health Administration and otherwise as low as possible They would also have to conduct monthly contamination surveys and submit results to the local Federal Aviation Ad ministration office Express Airways and the Federal Express Corporation which hold DOT exemptions, and the New England Nuclear Corporation criticized the proposal for Not providing for a formal evaluation of an airline and its radiation protection program before it starts to Carry large quantities of radioactive materials, Not requiring carriers to notify in 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 ON 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 Nuclear Regulatory Commission proposal TTie changes would make MTB'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," wa3 expected to be published m the Federal Register August 17 The MTB comment period was extended previously from April 5 to July 5 but publication of the NRC notice was again delayed. Interested persons may file comments, submitted in five copies, by October 16 to Dockets Branch, MTB, Department of Transportation, Washington, D C 20590 Pesticides 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 Toleranco Amendment EPA August 16 revised 40 CFR 180 to establish a tolerance for residues of the insecticide methomyl on lentils at 0 1 part per million (ppm) (44 FR 47934) Temporary Tolerances EPA established a tolerance until July 16, 1980, for flundone in or on cottonseed at 0 05 ppm at the request of the Elanco Products Company The agency also established temporary tolerances until July 25, 1980, for combined residues of the insecticide O-ethyl 0-( (4-methylUuo) phenyl )S-propyl phosphorodithioate and its cholinesterase-inhibiting metabolites on tomatoes at 10 ppm, corn grain at 0 3 ppm. and fresh coin including sweet corn (kernels plus cob with husk temoved) at 1 5 ppm at the request of the Mobay Chemical Corporation Toloronco Petitions Petitions requesting estahlishnwaffiT-feiJcranees were sub mitted by - 817 79 Cor.fiqtii * 1979 t,- P1 El-cic cl Mat.oao. Affses lac `j . S'- 00J HFM- 004035