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H&SC-67 CHEMICAL MANUFACTURERS ASSOCIATION Health and Safety Committee Minutes of Meeting CMA Terrace A&B Conference Rooms 2501 M Street, N.W. Washington, D.C. 20037 Wednesday July 18, 1990 9:30 a.m. - 1:40 p.m. Members Present Wallace F. Dyste Susan P. Engelman John J. Kasper Philip G. Lewis Haines B, Lockhart Thomas J, Marriott Neil 0. Neunaber James H. Price James H. Senger David D, Sigman Ladd W. Smith Gary L. Ter Haar John 0, Willett Dow Corning Corporation Hoechst Celanese Corporation Nalco Chemical Company Rohm and Haas Company Eastman Kodak Company Air Products & Chemicals 01in Corporation Quantum Chemical Corporation Monsanto Company Exxon Chemical Company Occidental Chemical Ethyl Corporation Shell Oil Company Members Absent Eugene C. Capaldi Marvin A. Friedman ARC0 Chemical Company American Cyanamid Company CMA Staff Claudette Cofta Susan Conti Nancy Cookson Arlene Crain Emily Currie David Hastings *Don Halin Leslie King Diane Layne Kathryn Rosica Gordon Strickland Sandra Tirey Eileen Winkelman Part-time **************** 1. J. Willett, chairman, convened the meeting at 9:30 a.m. HSC Meeting Minutes . July 18, 1990 Page 2 2. Minutes The minutes of the July 20, 1990, meeting were approved as revised, reflecting the OECD lead chemical representatives' meeting on June 9, 1990, and the Committee action taken to approve joining the National Association of Manufacturers/Chamber of Commerce coalition opposing proposed legislation on OSHA criminal penalties. 3. FY 1990/91 Budget T. Marriott reviewed the July Committee budget report, noting that it will be corrected to reflect $1500 in approved expenditures on ecological risk assessment. D. Sigman noted that the Ad Hoc Risk Study Group expects to-request funding for key projects in August, 1990. 4. Chairman's Report J. Willett announced that an Oil, Chemical and Atomic Workers COCAW) video on chemical accidents will be shown to the Committee at 11:00 a.m. J. Willett briefed the group on the status of the meeting CMA requested with Linda Fisher/EPA to discuss concerns on the agency's interpretive guidance and retroactive enforcement. EPA agreed to meet with CMA on an expedited basis with a focus on TSCA Section 8(e). Other areas of concern to CMA will be addressed in dialogue meetings with EPA, CMA, and SOCMA begining in August 1990. The Steering Task Group discussed these items at its July 17, 1990, meeting, and recommends that CMA meet with EPA to discuss TSCA Section 8(e) as an example of heightened concern with EPA's process for developing and revising interpretive guidance. The group recommends that CMA send an outline to EPA in advance of the Fisher meeting. This is an alternative to EPA's request to meet with Charles Elkins in advance of the Fisher meeting. The Committee endorsed this approach. The draft outline will be sent to the Committee for approval. J. Willett, J. Keith (Dow) R. Sussman (Latham & Watkins), and CMA staff will attend the meeting with Fisher. J. Willett briefed the Committee on plans to consider options for continuing CMA involvement in the OECD HPV Existing Chemicals Testing Program. CMA staff will prepare an options paper for discussion with key participants, the Product Programs/TSCA Focus Area, and Steering Task Group members in August 1990. If available, recommendations will be presented to the Committee at the August 15, 1990, meeting. J. Willett introduced and welcomed Don Helin as the new Director for Safety Programs. CMA 061038 HSC Meeting Minutes July 18, 1990 Page 3 5. Risk D. Sigman briefed the Committee on the activities of the Ad Hoc Study Group on Risk, noting the presentation made to the CMA Board in June 1990. Proposed projects, outlined in the June presentation, to be formally proposed at the September 1990 Board meeting include: a) Form a broad-based Risk Assessment Coalition to address risk assessment/management issues including nontraditional participation by academics and,public health officials. The goals are to achieve a more realistic view of risk assessment and policy decisions, uniformity among federal regulatory approaches and better priorities for risk management activities of public health significance. J. LeBeau will develop this project and work with Lee Thomas (Law Companies Environmental Group) to establish the coalition. The coalition will need to be formed and operating within the next four to six months to have an impact on the residual risk aspects of the Clean Air Act. b) Initiate a communications outreach program that includes an educational component targeted to all impacted publics. This effort will be led by CMA's Communication Department. A member company sponsor is being sought. Further development of this program is needed. c) Convenve a Keystone dialogue to develop accountability indicators for risk management actions among industry, government, media, and environmental groups. Preliminary discussions with Keystone have been favorable and D. Sigman will be further developing the proposal. Project cost estimates will be presented to the Steering Task Group in August 1990. The Committee discussed both short-term goals to impact the pending Clean Air Act activities and long-term goals to improve the entire process. 6. TSCA A. N. Neunaber and L. King briefed the Committee on EPA's proposed TSCA Section 4 test rule for drinking water comments and requested approval to submit comments to EPA. A revised draft of the comments was distributed and the Committee approved the request. B. S. Conti briefed the Committee on the status of the CMA lawsuit against EPA on a TSCA Section 4 test rule on solid waste chemicals and requested approval to terminate the lawsuit. The Committee approved the request. CMA 061039 HSC Meeting Minutes July 18, 1990 Page 4 7. ILO L. Smith briefed the Committee on the International Labor Organization (ILO) Convention on Safety in the Use of Chemicals at Work that was finalized at the June 1990 ILO session. A side-by-side analysis to the OSH Act was distributed and final actions on items included in CMA's comments on the Convention were briefly noted. The Product Safety Task Group and International Affairs Committee will be evaluating the final convention in more detail. The State Department will also conduct an in-depth analysis with the view of possible adoption by the U.S, as an international treaty. 8. Worker Participation J. Willett briefed the Committee on the status of the Ad Hoc Worker Participation Group to develop a CMA position; H. Eschenbach, Group Chair, was unable to attend the meeting as planned. The Steering Task Group considered the proposed position scope at its July 19, 1990, meeting and recommends the group reconsider the position, ways to develop a consensus, and integration with developing Responsible Care codes. The Committee concurred and the motion to approve the position scope was withdrawn. 9. Epidemiology S. Engelman and S. Tirey briefed the Committee on the Health Effects Institute (HEI) proposal to develop an environmental epidemiology research agenda. The Risk Management and Assessment Methods Focus Area participants discussed the proposal at its July 17, 1990, meeting and recommends that no action be taken until areas of overlap or duplication with the Mickey Leland Urban Air Toxic Research Center included in the pending Clean Air Act proposals are clarified. The Committee concurred and the motion to approve expenditures was withdrawn. 10. HAZWOPER N. Cookson updated the Committee on the AFL-CIO vs. OSHA lawsuit on HAZWOPER, noting that the U.S. Court of Appeals dismissed the caae on June 22, 1990, as untimely. 11. OSHA L. Smith reviewed draft comments to OSHA on the hazard communication standard and requested final Committee approval by mail of a revised draft to be sent in early August. The comments are due to OSHA on August 15, 1990. The Committee agreed with the request. CMA 061040 HSC Meeting Minutes July 18, 1990 Page 5 12. MSDS L. Smith briefed the Committee on the status of CMA's guidelines, noting circulation of an interim guideline and other plans and activities. 13. Chemical Accidents The Committee viewed the OCAW video on chemical accidents and discussed the recently proposed OSHA process hazards management and congressional hearings on chemical accidents. 14. Product Stewardship L. Smith briefed the Committee on the developing product stewardship code under Responsible Care. A draft code will be presented to the Public Advisory Panel in September and will also be the subject of an open membership meeting the same month. 15. G. Ter Haar reported that the next meeting of the Product Programs/TSCA Focus Area will be held on August 14, 1990. All task group work plans are due by August 3, 1990. W. Dyste noted that a crisis management/communication work group has been formed within the Community Focus Area to develop a manual for CAER. Chuck Walls, Shell Oil, will chair the group. J. Senger (for G. Capaldi) noted that the OSH Focus Area participants met and reviewed their mission and ways to integrate current and further activities into that mission. D. Sigman reported on the July 17, 1990, meeting of the Risk Management Assessment Methods Focus Area participants. Task Group work plans are due on September 1, 1990; the Scientific Issues Task Group work plan needs further development. It will focus on immunotoxicity, biomarkers, threshold effects and scientific aspects of indoor air assessment. Sigman also noted that Task Group representatives will meet with AIHC on September 6, 1990, to discuss coordinating activities. 16. Sponsor Reports Committee sponsors briefed the Committee on activities and programs within their assigned area as follows: A) J. Senger reported that an ad hoc group will be convened to develop comments to OSHA on the proposed process safety hazards management rule and that an ergonomics survey has been sent to all CMA health and safety contacts. Informal comments to OSHA on ergonomic guidelines for general industry may be developed in the near future. CMA 061041 H5C Meeting Minutes July 18, 1990 Page 6 B) L. Smith noted the need for a technical expert with communication skills on the Risk Assessment Task Group. C) J. Kasper noted that a small company representative is needed on the Chemical Control Task Group. The task group will hold its first meeting on August 13, 1990. E. Currie distributed a summary of a meeting with EPA on developing "product stewardship" regulations and a draft EPA scoping paper. CMA will be responding to EPA on the paper in early August 1990. D) N. Neunaber noted that the first meeting of the Existing Chemical Testing Task Group is scheduled for August 8, 1990. E) J. Price reported that the first TSCA information forum held on July 10, 1990, drew approximately 45 participants and was favorably received. Price also noted the Existing Chemical Reporting Task Group has been formed and is identifying projects for 1990/91. 17. J. Willett complemented Committee members for their efforts, particularly the new members for taking strong lead roles in their assigned areas. 18. J, Willett adjourned the meeting at 1:40 p.m. Minutes Subject to Approval Kathryn A. Rosica Director Health Programs CMA 061042