Document z0gGgNYRGNpJanEddwjLOLVz

TO: Dave L. Morgan Interoffice Communication FROM: DATE: SUB J: T. G. Grumbles July 10, 1989 ATTACHED REGULATION ?& l: MMG: AJO: GF w.=___ VISTA The attached regulation needs to be communicated to the field, an assessment of what we need to do for compliance made, and appropriate actions taken to comply. Specifically, we need to determine what emergency response information our transports should carry, what we have to attach to BQL's and the COEDS changes necessary to meet the requirements of the technical name appearing on BOL's with N. 0. S. entries. I'll be available to assist, but I believe you should coordinate this effort. Please let me knew what happens and how I can assist. T. G. Grumbles dlj Attachment cc: D. Kuhn, L. Kelm, F. Thomas, W. L. McClain, D. L. Cohen VVV 000000116 Hazardous Materials Advisory Council Suite 907, 1012 Fourteenth Street, N.W., Washington, D.C. 20005, (202) 783-7460 SPECIAL B U LLllIH June 29, 1989 RSPA FINALIZES HM-126C The Research and Special Programs Administration has final ized Docket HM-126C, "Emergency Response Communications Stan dards," and a copy is enclosed. Published in the June 27 Federal Register (54 FR 27138), the rule is effective April 2, 1990 and compliance is authorized July 31, 1989. Much of RSPA's final rule mirrors its Notice of Proposed Rulemaking from 1987. Here are some of the highlights: - emergency response information on hazardous materials shipments must be carried on transport vehicles and maintained at facili ties. DOT'S Emergency Response Guidebook or similar documents like IMO's "Emergency Procedures for Ships Carrying Dangerous Goods" may be used to satisfy this requirement. - shipping papers must contain a telephone number accessible to emergency responders at all times for comprehensive information on the material being shipped. CHEMTREC can be designated as the contact. - the emergency response phone number may NOT be placed on pack ages of 30 kilograms or less as proposed in the NPRM. foreign shippers must comply with the emergency response provisions of Subpart G of Part 172, but will NOT be required to provide a domestic U.S. phone contact as requested in HMAC's comments to the docket. However, RSPA did leave the issue open for future rulemaking. - n.o.s. entries on shipping papers must include the product's "technical name." For mixtures or solutions of two or more haz ardous materials, the "technical names" of at least the two pre dominant hazardous components will be required. i ### VVV 000000117 HMAC is an International membership organization representing the entire hazardous materials transportation Industry: shippers, carriers of all modes, container manufacturers, and emergency resoonse and waste cleervuo comn*ni** Tuesday June 27, 1989 Part IX Department of Transportation Research and Special Programs Administration 49 CFR Part 171 et ai. Emergency Response Communication Standards; Final Rule 000U3 vVy 000 7138 Federal Register / Vol. 64. No. 122 / Tuesdav. June 27, 1969 / Rules and Regulations DEPARTMENT OF TRANSPORTATION .esearcft and Special Programs Administration 49 CFR Paris 171, 172, 173 and 176 (Docket No. HM-126C: Amdl Nos. 171*102. 172-116, 173-213, 176-2B1 RIN 2137-AAB8 Emergency Response Communication Standards AGENCY: Research and Special Programs Administration (RSPA), DOT. action: Final rule. summary; This final rule amends the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 ihrough 179) to impose new requirements for emergency response information on shipping papers, and placement of emergency response Information on vehicles and at transportation facilities. This action is necessary to improve the emergency response information requirements in the HMR in order to enhance communication pertaining to the safe handling and identification of hazardous materials involved in transportation incidents. TOR FURTHER INFORMATION CONTACT: i|elen L. Engrum. Standards Division. "Office of Hazardous Materials Transportation. U.S. Department of Transportation. 400 Seventh Street SW,, Washington. DC 20590. Telephone: (202) 36&--WB8. effective pate: These amendments are effective on April 2.1990. However, compliance with the regulations amended herein is authorized as of July 31.1989. SUPPLEMENTARY INFORMATION: I. Background and Summary' of Comments As a result of the investigation of an accident which occurred near Odessa. Delaware in October 1982. the National Transportation Safety Board (NTSB) recommended that the DOT ". . . Determine by mode of transportation, the feasibility of -' requiring comprehensive product- specific emergency response information, such as Material Safety Data Sheets, to be appended to shipping documents for hazardous materials transported in bulk quantities, giving particular attention to the early emergency response problems posed by n.o.s. commodities in transit." In j ctober 19S3. RSPA received a petition rom the American Trucking Associations (ATA) which requested DOT "require, by ruie. motor earners involved in the transportation of hazardous materials to maintain a copy of the Emergency Response (Guidebook). DOT P S300.2. at each motor carrier facility where hazardous materials shipments ere loaded or unloaded from vehicles." In response lo concerns expressed in the NTSB recommendation (1-83-2) and the ATA petition (P-022), on March 16, 19&4. RSPA published an advance notice of proposed rulemaking (ANPRM) under Docket HM-126C in the Federal Register (49 FR 10048). The ANPRM. entitled "Required Use of Emergency Response Guidebooks and Material Safety Data Sheets", quoted the NTSB recommendation and the ATA pelilioa in their entirety, and solicited comments on the benefits and consequences of requiring the use of the Emergency Response Guidebook fERG) or Material Safety Data Sheets (MDSD) to communicate information on the hazards of materials moving In commerce. Evaluation of the comments to the ANPRM indicated a need for requiring additional emergency response information on hazardous materials transported in commerce. The majority of commenters supported RSPA requiring additional emergency response information. However, only two commenters supported the NTSB recommendation that an MSDS accompany every bulk shipment of hazardous materials. Several commenters stated that although some of the information on an MSDS might be useful they believed that U9e of the ERG would be a more effective method of communicating fundamental hazard information to emergency response personnel and that the ERG should be maintained as the primary reference. Based on RSPA's evaluation of the merits of the comments to the ANPRM. on August 30.1987. a notice of proposed rulemaking (NPRM) was published entitled "Emergency Response Communication Standards" under Docket No. HM-12SC (53 FR 31480). The NPRM solicited comments on requiring improved emergency' response Information on shipping papers and packages, and placement of emergency response information on vehicles and at facilities involved in hazardous materials transportation. Tne NPRM addressed both bulk and non-bulk packages. in the NPRM. it was noted that widespread support was expressed by commenters to the ANPRM for requiring use of the ERG. Many commented believe that to better inform emergency response personnel about the hamrds of a material, the use of the ERG would satisfy the emergency response information requirements. The NPRM included a proposal to require that persons offering hazardous maicnuls for transportation provide on the shipping paper a iwent.v-four hour emergency response telephone number of a person knowledgeable about the hazardous materials being shipped. In addition, the NPRM contained a proposal to require that technical names be shown on shipping papers and packages for materials which are described under "n.n.R." or generic descriptions. A detailed discussion of these proposals, as wail as the comments to these proposals follows. IL Discussion of Comments Mode to the NPRM RSPA received more than seventy comments to the NPRM under Docket HM-120C. Comments were received from associations, chemical companies, emergency response organizations, and Federal and Stale agencies. Most commenters supported the intent of the proposed rule lo improve emergency response communication during transportation incidents involving hazardous materials. However, many commenters expressed concern over certain aspects of the proposal and requested clarification on the use of certBin technical names (i.e proprietary or trade names) for "n.o.6." entries, maintenance of a twenty-four hour emergency response telephone number to obtain product-specific information on the hazardous material being transported, and the feasibility of requiring placement of the ERG. MSDS or other emergency response information on vehicles and at facilities. Major Issues A. Emergency Response Information ATA strongly supported requiring additional emergency response information on shipping papers and packages, and placement of the ERG at facilities. However. ATA expressed concern about requiring the placement of the ERG on transport vehicles. ATA staled: {t)he coal of providing the ERG and insuring thst it is on all transport vehicles will result in the expenditure of millions of dollar* which would nol be cost effective lo safety in the trucking industry. ATA did not provide quantitative or qualitative data in their comments to support this contention. It should be noted that the NPRM did not propose imposing mandatory use of the ERG on vehicles or at facilities to satisfy the emergency response information VVV OOOOOOl 7140 Federal Register / Vol. 54. No. 122 / Tuesday, June 27. 1989 / Rules and Regulations mformanon requirements. Consequently. 5173.12. b nrw paragraph (0 has been dJed to allow Ihe use of waste stream numbers, instead of the required technical name description, for hazardous waste packaged in lab packs. It should be noted, however, that there it no exception in 5 173.12, or elsewhere, from identifying the names of constituents contained in lab packs, if the constituent is c hazardous substance or a poison. Most commentcrs supported including the technical name for n.o.s. or generic descriptions on shipping papers. However, because many technical names are quite lengthy or complicated, and commenters ere concerned about the disclosure of proprietary Information or trade secrets, they recommended including chemical family or generic names, common names, registered trade names, or other names in the NIOSH registry in place of technical names for n.o.s. entries. Trade secrets include chemical formulations, and the commenters believe that this information would not be protected If they were required to include the technical names of these constituents on shipping papers. RSPA believes that in emergency response situations, the yidilion of technical names for n.o.a. fitrics is the best way to identify the primary and subsidiary hazards associated with a material. RSPA also realizes that some chemical technical names are extremely complex. In order to accommodate the use of chemical names that are more readily recognizable and usable to emergency responders, the definition in 171.8 for -technical name" indudes chemical names designated or recognized by the International Union of Pure and Applied Chemistry flUTAC). the Chemical Abstracts Service, or in the Registry of Toxic Effects of Chemical Substances (RTECSJ. However, trade names may not be used as technical names. Further. RSPA believes there is sound reasoning to require improved identification of chemical constituents. Commenters' concerns that "trade secret" information may be disclosed by' showing these constituents on shipping papers for "n.o.s." descriptions have not beer, substantiated. As required by this final ruie. if b hazardous material is a mixture or solution of two or more hazardous materials, only the technical names of at least two components most predominantely contributing to the hazards of the mixture or solution are ; quired to be entered on the shipping raper. Furthermore, this final rule does not impose mandatory revelation of an exact formulation, only disclosure of valuable safety related information to be used In the transportation network. Additionally, it is our belief that identifying the two major constituents which contribute to the hazards of a material will result in only limited. If any, instances where proprietary' information would be revealed. Current provisions of the HMR for identifying constituents in poisons, hazardous substance mixtures and solutions, and any n.o.s. description for water shipments have not revealed a problem regarding the release of proprietary information. Recently, RSPA has been made aware of a potenlia) problem concerning the identifiestiun uf constituent* of material* that are subject to the provision* of 21 CFR 1301.74. as administered by the Drug Enforcement Administration (DEA). Paragraph (e) of that section states: ***** In addition, the registrant shall employ precaution* (e.g., assuring that shipping containers do not indicate that contents are controlled substances) to guard against storage or in-transit losses." RSPA is not aware that the current constituent identification requirements of the HMR have resulted in violation* of the DEA requirements by persons shipping hazardous materials that are also controlled substances. The requirements of this final rule should not cause any significant compliance difficulties. Of the controlled substances reviewed by RSPA. each has a general or other technical name which may be used to identify the controlled substance in accordance with the requirements of this final rule, but which do not use terminology which readily identifies the hazardous material as a controlled subst&nca. C. Telephone Contact for Emergency Response Information Comments to the notice generally supported RSPA's proposal to require that shipping papers contain the twentyfour hour telephone number of a person with detailed knowledge of the hazardous characteristics of the materials being shipped. The Chemical Manufacturers's Association (CMA) indicated support for the provision that allows shippers to list CHDvfTREC, or other organizations, with similar capabilities, eb the initial contact point for emergency response information. CMA pointed out that it would be impractical lor an individual or small company to provide a phone number in the absence of this provision. Cl IEMTREC is a public service of the CMA. CHEMTREC has the capability to provide immediate advice by telephone for the on-sccne commander at a chemical emergency, and can then promptly contact the shipper of the hazardous material for detailed assistance and an appropriate response follow-up. CHEMTREC operates 24hours a day. seven days a week to receive toll-free calls. Cl IF.MTRF.C notifies the National Response Center (NRC) of significant incidents. If requested, they will connect a caller directly to ibe NRC. as required by Federal law und regulation. Other industry or government organization* may exist or be established which may provide similar services for specified categories of muterials. RSPA recognizes the difficulty experienced by small companies, who may not always have a 24-hour telephone number or have an individual available to respond to inquiries on a 24-hour basis. This final rule allows for the ose of an emergency response telephone number other than the shipper's, provided the shipper has furnished an agency or organization with detailed information concerning the hazardous material, and that the agency or organization is capable of. and has accepted responsibility for, providing such information. This option will provide e shipper the flexibility of selecting a name and number which will ensure a 24-hour availability of knowledgeable assistance. Although most commenters supported the proposal to require a 24-hour emergency response telephone number on shipping papers, several expressed concern about the requirement in 372.304ta)l2) for the telephone number to appear on the shipping paper "in association with the basic description". These commenters requested that the phone number be allowed anywhere on the shipping paper, as long as it is noted that the number is shown for the purpose of emergency response. In this final rule, the requirements in 172.GQ4|a)(2) (i) and (ii) have been modified to require shippers to: (1) enter the emergency response telephone number on shipping papers "following the description of the hazardous material", or (2) entered once on the shipping paper when the number epplies to each material entered on the shipping paper, it is clearly highlighted for easy identification, and it is Indicated that the telephone number is to be used to obtain emergency response information. In the NTRM. RSPA proposed, at an option for a package having a gross weight of 30 kilograms or less, that the 24-hour emergency response telephone number may be displayed on the outside of the package in association with the proper shipping name rather than on the shipping paper. The United Parcel V,/y 000000120 Federal Register / Vol. 54. No. ICC / Tuesday, June 27, 19H9 / Rules and Regulations rni Service (UPS) and the Air With regard to providing a 24-hour Transportation Association of America emergency response telephone number, supported the requirement that shipping the Hazardous Materials Advisory paper* contain & 14-hour emergency Council (HMAC) strongly urged RSPA to response telephone number to obtain require foreign shippers that ship emergency response information hazardous materials into the United concerning hazardous materials, but Stales to designate a representative in huggealeb that the 24-hour emergency the UJk. and to ensure that the contact response telephone number should not is supplied with sufficient emergency be placed on packages instead of being response information to adequately placed on shipping papers for packages assist emergency responders. Other of 30 kilograms or less. This suggestion commentert, such as the Air Transport wfij based on their concern that, if a Association of America and the package is found to be damaged or International Air Transport Association leaking, emergency response personnel (iATA) were concerned that overseas should nol jeopardize their sulely by telephone numbers would be of little use coming into contact with a leaking or in an emergency in the U.S.. and that dnmuged package to obtain the there could be some difficulty in emergency response telephone number. obtaining emergency response Upon further consideration. RSPA ngrees with the commentcrs. Consequently, the exception, as information for import ihipments of hazardous materials. RSPA has similar concerns regarding the effectiveness of. proposed In the NPRM. to allow - - an overseas 24-hour emergency bhipper* to place the emergency - --.......... response telephone number contact for - response telephone number on packages foreign shippers. Although HMAC't instead of being placed on shipping proposal to require that foreign shipper* papers for packages of 30 kilogram* or less ha* not been adopted. . Additional Considerations designate a representative in the U.S. appears to have merit, tt is beyond the scope of this rulemaking. RSPA anticipates addressing this issue in Applicability ofemergency response information requirements to international shippers. The NPRM did not propose to except persons importing or exporting hazardous materials from future rulemaking. Until that time, the emergency response information requirements of this final rule apply to all shippers of hazardous materials. Accordingly, the appropriate sections of compliance with requirement* for written emergency response information. To clarify the applicability of emergency response information requirements to import/export the HMR, 5 171.11. and 171.12a. have been revised to require that import shipments of hazardous materials, subject to the provisions of these sections, must conform to the shipments of hazardous materials, 171.22, applicable to shipments of requirements for emergency response information as prescribed In Subpurl G hazardous materials conforming to the of Part 172 of this subchapter. International Civil Aviation Applicability of the emergency Organization's Technical Instructions response information requirements to for the Safe Transport of Dangerous Canadian shipments of hazardous Goods by Air (ICAO Technical material The requirements under . Instructions), is revised in this final rule 271.12a allow hazardous materials to require compliance with emergency shipments from Canuda to be . , response information requirements in transported in the United Slates, which Subpajl C of Part 172 of this subchapter. ere transported in accordance with the It should be noted that no change in the Canadian'Transport of Dangerous requirements of 272.22 have been Goods Regulations" (TDG). The TDG adopted in this final rule, therein, regulations contain requirements for the shipments of hazardous materials made, use of certain emergency response in accordance with the provisions of this information for shipments of hazardous section are not excepted from the materials. The requirements for shipping paper or emergency response completion of the "Emergency Response information requirements. RSPA notes Form" are set out in the Canadian that both ICAO and the International "P.eguiations fc: the Transportation of Maritime Organization (IMO) publish Dangerous Commodities by RaiL" documents containing emergency However, the Canadian "Emergency response information which could be Response Form" only applies to carload, used to satisfy the written emergency underload. truckload or containerload response information requirements Quantities of hazardous materials specified in this final rule, when used in transported by rail. These Canadian conjunction with a properly prepared requirements do not. in all instances, snipping paper. fulfill the requirements specified in this final ruie. Therefore. 171.12a has been revised by the addition of parnpreon (a)(7) which requires compliance with the emergency response information provision* of Subpart C of Pan 172. Applicability of emergency response information requirements to empty packaging*. The requirements unaer 49 CFR 173.29, for empty packagings that contain any residue ol a hazardous material, specify that unless a por.ke;:'ng is dunned and purged of all residue, or filled with materials not regulated under 49 CFR. It must be transported in the same manner as required when it previously contained a greulcr quantity of hazardous materials. Thir provision also applies to conformunr.i- witli emergency response information requirements. Requests for public hearing. Three enmmenter*. the ATA the Regular Common Comer Conference (RCCC). und the international Association of Fire Fighters (1AFF) requested that RSPA conduct a public hearing on the merits of the proposals contained in the NPRM. ATA and RCCC requested a Joint hcoring with DOT and OSHA to address the nature and extent of hazardous materials incidents in the trucking industry and the information necessary to protect employees and others in the event of such incidents. ATA stated: (tlhis hearing will allow both agencies to hear from the affected industries and to better understand the conflict which will unse as a result of the lack of delineation of regulatory authority of the two agencies- It would also provide DOT end OSHA with the opportunity to hear suggestions which could lu:ij> 1o promote national uniformity and . .increased safety through procucal and e realistic communication standard. RSPA conducted a public hearing on certain aspects of this rulemaking action after issuance of the ANPRM. Comments received during the hearing and the comment period on the ANPRM generally supported the proposal to require that additional emergency response information be included on the shipping paper, such os a 24-hour emergency response information telephone number, and additional shipping descriptions. A majority of the commentcrs supported the use of the ERG as the document for providing emergency response information in the ever.', cf ur. incident involving hazardous materials. RSPA received over seventy responses to the ANPRM. Based on the responses received to the ANPRM, RSPA issued an NPRM proposing specific reguisiory requirements dealing with emergency response communications, in response to the NPRM. more than seventy comments VVV 000000121 27142 Federal Register / Vol. M. No. 122 / Tuesdav, )une 27. 1969 / Rules and Regulations were received and evaluated. Furthermore, comments to other pending jiemakmp actions, such as Docket 11M- 181. dealing with similar topics addressed ir. this rulemaking [ie.. additional requirements for technical names for n.o.s. descriptions), were evaluated. RSPA does not believe that a public hearing on the proposals contained in the NPRM would have provided substantive additional information beyond the comments already received, evaluated, and discussed m responses to the ANPRM and NPRM. In specific response to the ATA and RCCC request. RSPA fully appreciates the necessity for uniform and nonconflicting requirements, to the maximum extent possible, between various agencies of the Government. In order to provide compliance flexibility, thereby limiting the potential for rtimlicxtive or conflicting requirements. RSPA has not required n specific form or ducumcnl which would be necessary in order to comply with the requirements of this final rule. Emergency response information must be in o form or document that permits reference to the huzardous materials being shipped and provide guidance relative to the hazards, risks, precautions and mitgation Keihods necessary. This information .n be transmitted using an MSDS, the ERG, or any other document that provides the information prescribed. ATA aiso expressed concern about the potential overlap of DOT and OSHA regulations and suggested a memorandum of understanding (MOU) to delineate respective authorities. ESPAsagrees that it should coordinate with OSHA officials on a continuing basis, but a iormal MOU only could constitute an agreement to coordinate interagency activities. Matters related to resolution of jurisdictional issues (c.g., die meaning of the "exercise" provision of the Occupational Safety and Health Act: 29 U.S.C. C53fb)ll)) must be handled in the manner specified by law (c.g.. review and decision by the Occupational Safety and Health Review Commission), in order to facilitate inleragcncy coordination. RSPA solicits information on hazardous materials issues thet should be discussed with OS! LA officials on on ongoing basis. The IAFF also requested that a public hearing be heid regarding the proposals contained ir. the NTRM end. in addition, slated the following: The IAFF strongly diaoprees with the ''osilion of the DOT thoi material soicty data ^ ecu (MSDSk'i not be provided and .juinteincd in those locations as required in '72.fi00|a). Wc believe that the MSDS, the primary vcmcic for transmitting chemical information, should be required and uvilblr ior use by firr fiphtins arid ether emergency response personnel ounrvp a haurdoui materials emergency. Wr believe tnm the reasons provided by the DOT in the Notice of froposed Rulemaking are not only based on special interest {industry and/or those being rf-yuielrd) but are significantly rhetonca) and unsuDBtanliated. While we agree that MSDS were not ort^moUy developed for the purpose of providing information for emergency response, they are now in fact the most utilized vehicle lor providing such information. As you are well aware, the Federal Hazard Communication Standard, most Slate RtghMo-Know atandnrds. SARA mid many other federal, stnte and local regulations require the utilization of the MSDS. Pire fighters and emergency response personnel utilize this information at fixed facilities and would obviously be able to utilize this Information equally as well when responding to transportation incidents. Wc also strongly disagree with the proposal that the DOT Emergency Response Guidebook be used to satisfy the proposed requirements. The DOT ERG has never had public review other than through an "unofficial" and very unbalanced advisory committee. If the ERG it to be utilized, we propose that it receive full review in ricordance with the Administrative Procedures Act. Accordingly, we alio do not agree with the allowance of the use of the CHQfTREC telephone to satisfy the requirements of 172.604. especially without further definition of what "accepting responsibility for" would mean and without public review of the CHEMTREC operation and their legal responsibilities. If a telephone number is to be included, aside from the responsible shipper, we propose the telephone number of the National Response Center be utilized. As you are aware, the NRC telephone number is a toll-free number that is staffed seven days a week. 24 hour? a day. While the NRC has the capability to immedintely patch the caller into CHEMTREC's information and referral service as well as into governmental agencies, utilizing the NRC has other valuable functions not performed by CHEMTREC. Notification of the NRC serves many vital functions, including permitting federal involvement to proceed in a timely and effective manner. Wc believe this would greatly assist fire fighters in handling hazardous materials incidents. RSPA Hbb not required nor prohibited the use of the MSDS as a means of providing information to workers covered by the Righi-to-Know legislation and Supcrhmd .Amendment and Reauthorization Act of 1986 (SARA). We recognize the imponor.ee and use of the MSDS in providing information to employees and in planning functions. However, as hag been made evident in the course or this rulemaking action, no single standard exists for the preparation of MSDS to provide emergency response information for transportation incidents. While sn MSDS may provide information during an incident involving hazardous materials, the MSDS may not. in all instances, provide specific information relative to response actions to be taken during transportation related incidents. Conceivably, for "less-thnn- irutkload" nnd '`lesi-thnn-carloaiT shipments, a carrier would possess numerous MSDS for the different materials being transported. In the event of p hazardous materials emergency, they may not be the most appropriate means to ascertain the appropriate emergency response action to be token. Additionally, a number of different MSDS may exist for the same material when shipped by different Individuals. Information on these multiple MSDS may in fact vary, thus potentially leading to confusion during initial emergency response actions. The requirements Issued in thiB final rule are intended lo provide specific information relative to the hazards of the materials being transported and provide immediate initial emergency response guidance until further specific information can be obtained from the shipper or others relative to long term mitigation actions. To date, only the ERG and similar documents such as those published by ICAO and IMO have consolidated this initial response information into-a singie, multimodal, easily understood, and recognizable document directly correlated with identification numbers and emergency response guidance. However, RSPA has not imposed a requirement that the ERG be carried, on each transport vehicle and be maintained at facilities involved with the transportation of hazardous materials. Rather, this final rule requires that specific emergency response information accompany shipments of hazardous materials and be present at transportation facilities. This information may be in any format, including en MSDS, the ERG. or other similar document, so long as that document provides information, which at a minimum, provides the description of the hazardous material, immediate health hazard information, risks of fire and explosion, immediate precautions to be taken in the event of an accident or incident, immediate methods of handling large and small Fires, initial methods for handling of spills or leaks, and preliminary first aid measures. The IAFF asserts that the ERG has never had a public review other than through an "unofficial" end very "unbalanced" advisory committee. The ERG is not a regulatory document. There is no reouiremen: currently in the HMR nor in this final rule which mandates the use of the ERG. The ERG wen developed 0000l^ Federal Register / Vol. 5-4. No. ICC / Tuesday. June 27, 1989 / Rules and Regulations . 27243 in un effort to fulfill RSPA's responsibilities to provide for a safe transportation environment for hazaraous materials, and m an effort to provide better information io emergency responders in the event of an incident involving hazardous materials in transportation. The ERG. first published in 1980 and republished In 1984 and 1907, was developed in cooperation with representatives from a number of diverse groups. Representatives include members of the DOT, firefighters, the International Association of Fire Chiefs, the International Association of Chiefs of Police, The Fire Marshal Association of North America, the National Fire Protection Association, a cross-section of major manufacturers of hazardous materials, including representatives from Dow Chemical. DuPont de Nemours, end Unioo Carbide. CHEMTREC and the international Association of Fire Fighters. Each participant in the development of the ERG was invited to present suggestions, recommendations and other information 1 relotive to the guidance presented in the ERG. A number of participants, including the LAFF, presented issues relative to the development of information and recommendations contained in the ERG. Ail issues were discussed and decisions made by RSPA relative to the final content of the ERG. Since the issuance of the 19B0 and subsequent editions of the ERG. more than 2.5 million copies have been distributed, without charge, to emergency response organizations. Thousands of other copies of the ERG have been purchased by others from commercial sources. Such wide distribution has provided extensive review by a large audience and constructive comments have been solicited, especially comments concerning Its use in handling incidents involving hazardous materials. For example, the current edition of the ERG specifically requests such comments and provides an address to which such comments should be forwarded. RSPA maintains an open log on comments relative to the ERG, each comment is evaluated and an attempt is made to address each issue during development of subsequent editions. The LAFF also objected to the allowance of the use of the CHEMTREC telephone number to satisfy the requirements of S 172-604 and recommended use of the National Response Center's telephone number. RSPA has not mandated the use of the Cl 1EMTREC number, nor the specific use of any organization's number. Thereiore. the CHEMTREC telephone number, or any other agency's or organization's telephone number may oniv be used if the shipper has supplied the required information, and the agency has accepted the responsibility for providing information relative to the shipper's hazardous material. The NRC has generally not been provided with information relative to a specific shipper's hazardous materials shipments, and usually cannot identify a specific shipper contact, nor has it "accepted responsibility for" providing information relative to a specific shipper's hazardous materials shipments. A requirement that an emergency response telephone number be provided for each shipment of hazardous materials Is an attempt to provide emergency responders with more product-specific information relative to the hazards of the materials being transported. Nothing in the current regulations or this final rule prohibits or limits an emergency responder's efforts in obtaining information from all available sources. This position is in fact borne out by a statement In the ERG which states, "As a first responder at the scene of a hazardous materials incident you must seek additional and more specific information about any material in question as soon as you are able." RSPA certainly encourages those involved in responding to hazardous * materials incidents to use all available sources of information in order to make better informed judgments on how to handle them. . ... HI. Relationship to Requirements Under Other Federal Statutes On August 24.1987, OSHA published a final rule {52 FR 31852) which amended their Hazard Communication Slandard (HCS). The amended HCS requires virtually all employers to establish hazard communication programs to provide information to employees on the hazards of chemicals in the workplace. The amended HCS recognizes a variety of work situations, including those where employees only handle chemicals in scaled containers that arc not opened under normal conditions of use (e.g.. trucking terminals, warehousing, marine cargo handling and retail sales). Under the HCS. such employees must be provided information and training to protect them in the event of a spill or leak. The emergency' response communication requirements of this final rule complement those o: the HCS. In addition. RSPA believes that the use of the emergency' response information required under this rule, in association with the shipping paper information, will also assist earners in complying with portions of the emergency notification requirements of section 304 of Title III of the Superfund Amendments and Reauthorization Act (SARA), The emergency notification requirements of SARA. Title LU, appiy to transportation, and storage incident to transportation, as well as fixed or stationary facilities that are not transportation facilities. IV. Review by Sections Section 171.8. In 171.8. the definition for "tochnical name" Is revised to include chemical names recognized in scientific and technical journals and handbooks. Section 171.11. In 171.11. paragraph (d) is revised to require compliance with the emergency response information requirements for Internationa] shippers who import hazardous materials into the United States aboard aircraft. Section 171.12a. in $ 171.12a. a new paragraph (a)(7) is addd to require shipments of hazardous materials being imported Into the United States from Canada to be in compliance with the requirements for emergency' response information specified in the new Subpart G of Part 172. Section 172.2QZ This section is revised by adding a new paragraph (d) to require that shipping papers must contain an emergency response telephone number for the description of the hazardous material being shipped as specified in the new Subpart G of Part 172. Section 172.203. This section is revised by moving paragraph (1)(2) and redesignating paragraph (i)(3) as paragraph (i}(2). Paragraph (i)(3) is removed. The requirements from paragraph (i)(2) are incorporated into a revised paragraph (k) to require that the "technical name" must be shown on shipping papers than contain "n.o.s. and generic" descriptions for hazardous materials. A new paragraph (mj Is added to this section incorporating some of the requirements for poisonous materials which previously appeared In paragraph (k) of this section. SecLion 172.301. In { 172.301. paragraph (c) is redesignated as paragraph (d). and a new paragraph (c) is added io require marking of the technical name of the hazardous material on non-bulk packages which contain hazardous materials described under n.o.a. descriptions, and on non bulk packages of certain poisonous materials described under generic descriptions. In both instances, the technical name must be shown in VVV 000000123 :7144 Federal Register / Vol. M. No. 122 / Tuesday. June 27. 1989 / Rules Bnd Regulations parentheses, immediately following the oroper shipping name. Section 17Z.30Z. This section on marking rrcuirements lor expon shipment oi hazamous materials by water is rendered obsolete by the chances in k 172.301. Therefore, ihis section is removed. Subpcrt G to Pert 172. A new Subpart C is added to Part 172 containing requirements for emergency response information. Section 173.12. This section is revised to udd a new paragraph (f) which provides an exception from showing the technical name for n.o.s. descriptions in shipping papers and package markings for hazardous waste materials packaged in accordance with the lab pack provisions, unless the hazardous material is a hazardous substance or meets the definition of a poison. Saction 17G.3G. This section is revised tn require that a dangerous cargo mamiest contain a 24-hour emergency response telephone number. V Administrative Notices A. Pcpenx'ork Reduction Act The changes und new requirements for information collection in J 172-201, '2.203.172,602, and 172.604 have been approved by the OfTice of Management and Budget (OMB} under the provisions of the Paperwork Reduction Act of 1980 (Pub. L. 96-511) under OMB control numbers 2137-0034 and 2137-0580 (expiration antes: ]une 30.1992). B. Executive Order 12291 The RSPA has determined that this final rule (1) does not meet the criteria specified in section 1(b) of Executive Order 12291 and is. therefore, rot a major rule: (2) is not considered to be a "significant*' rule under DOT Regulatory Policies and Procedures (44 FR 11034): (3) will not effect not-for-profit enterprises or small governmental jurisdictions; and (4) does not require a Regulatory Impact Analysis or an Environmental Impact Statement under the National Environmental Policy Act , , [49 U.S.C. 4321 et seq.) A regulatory evaluation is available for review in the Docket. C. Executive Order 12512 This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12B12. end it has been determined that ' c final ruie does not have sufficient .-`derahsm implications to warrant the preparation of a Federalism Assessment. D. Impact on Smali Entities Based on limited information concerning size and nature of entities likely affected by this final rule. ] certify this regulation will not have s significant economic impact on a substantial number of small entities. A regulatory evaluation is available for review in the Docket. . Reculoton' Information Number (RIN) A regulatory information number (RIN) is nssigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agendo in April and October of each year. The RJN number contained in the heading of this document can be used to cross reference this action with the Unified Agenda. List of Subjects 49 CFR Port 171 Hazardous materials transportation. Definitions. 49 CFR Port 172 Hazardous materials transportation. Shipping papers. Markings and Emergency response information. 49 CFR Part 173 Hazardous materials transportation, Packagings. 49 CFR Part 176 Hazardous materials transportation. Maritime carriers. In consideration of the foregoing, 49 CFR Paris 171.172.173 and 170 arc amended a6 follows: PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 1. The authority citation for Part 171 continues to read as follows: Authority: 49 U.S.C. 3003.1604.J605. J80C.49 CFR Part 1. 171.8 (Amended] 2. In 5 171.8, the definition of "technical name" is revised to read as follows: 5 ITU Definitions and abbreviation*. `Technical name" means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) ruJcs of nomenclature, or a name currently recognized in the Registry of Toxic Effects of Chemical Substances (RTECS) The term does not include trade names. 3. Ir. { 171.11. e new paragraph (d)(10) is added to read as follows: 171.11 Use of ICAOTechnicaJ Instruction*. (d}` ' ' (10) Shipments of hazardous materials under this section must conform to the requirements for emergency response information as prescribed in Subpurt G of Part 172 of this suhchRpter. 4. In S 171.12a, a npw paragraph (a)(7) is added to reed as follows: 171.12a Canadian ahipments and packaging*. w ` (7) Shipments of hazardous materials subject to the requirements of tills section must conform to the requirements for emergency response information as prescribed in Subpart G of Purl 172 of this subchaptcr. 5. The heading of Part 172 is revised to reed as follows: PART 172--HAZARDOUS MATERIALS TABLES, HAZARDOUS MATERIALS COMMUNICATIONS REQUIREMENTS AND EMERGENCY RESPONSE INFORMATION REQUIREMENTS 6. Tbe authority citation for Part 172 is revised to read as follows: Authority: 49 U.S.C. App. 1803.1WM. 1808: 49 CFR Parti. 7. In 172.201. a new paragraph (d) is added to read as follows: 172-201 General entries. f (d) Emergency response telephone number. A shipping paper must contain an emergency response telephone number, as prescribed in Subpart G of Part 172 of this subchaptcr. 8. In $ 172.203. paragraph (i){2) is removed, paragraph (i)(3) is redesignated as paragraph (0(2), paragraph (k) is revised and paragraph (m) is added to read as follows: 5 1712203 Additional descriptions requirements. v , (k) Technical names for "n.o.s." and other generic descriptions. Unless otherwise excepted, if a material is described on a shipping paper by one of the proper shipping names listed in paragraph (R)(3) of this section, the technical name of the hazardous material must be entered in parentheses in association with the basic 00000012^ N/VV Federal Register / Vnl. ">4, No, 1ZC / Tuesday, lune 27. 1989 / Rules and Reculations 27145 description. For example "Corrosive liquid. n.o.s. {Caprylyi chioridel. (J.M760" or "Corrosive liquid, n.o.s.. L:N'*760 (contains caprylyi chlonde]". The word contains may be used in association with the technical name, if appropriate. (1) In addition to the n.o.s. descriptions listed herein, the requirements of this section apply tn all shipping descriptions for poisonous materials which are subject to the requirements of paragraph (m) of this section, and for which the proper shipping name does not specifically identify the poisonous constituent by technical name. For example, "Motor fuel antiknock compound (Tetraethyl lead). Poison B. UN1649" or "Motor fuel antiknock compound. Poison B. UN1649. (Tetraethyl lead)", (I) If a hazardous material is a mixture or solution of two or more hazardous materials, the technical names of at least two components most predominately contributing to the hazards of the mixture or solution must be entered on the shipping paper as required by this paragraph. For example. "Flammable liquid, corrosive, n.o.s. (contains Methanol. Potassium hydroxide). UN2924". (3) Proper shipping names for which the provisions of this paragraph apply are as follows: Acid, liquid, n.o.s. AlcohoL n.o.s. Alkaline liquid, n.04. Cement, adhesive. n.o.s. Combustible liquid. n.o.s. Compressed gas. o.o.s. Corrosive liquid, n.o.s. Corrosive liquid, poisonous, ruo.s. Corrosive solid, n.o.s. Dispersant gas. n.oa. / Etching acid, liquid, n.o.8. Etiologic agent, n.o.s. Flammable gat, n.o.s. Flammable liquid, corrosive, n.o.s. Flammable liquid, n.o.s. Flammable liquid, poisonous. n.OJ. Flammable solid, corrosive, n.o.s. Flammable solid. n.o.s. Flammable solid, poisonous, n.o.s. Hazardous substance, liquid or solid. n.o.s. Hazardous waste, liquid or solid, ruo.s. infectious substance, human. n-O-s- Intecucide. dry. n.o.s. Insecticide. liquid, ruo.s. imiatmg agent. n.o.s. Nonflammable gas. floj. Organic peroxide, solid, n.o.s. Organic peroxide, liquid or solution. n.o.s. ORM-A. n.o.s. ORM--B. n.o.s. ORM-E. n.n.n. Oxidizer, corrosive, liquid, n.o.s. Oxidizer, corrosive, solid, n.o.s. Oxidizer, n.o.s. Oxidizer, poisonous, liquid, n.o.s. Oxidizer, poisonous, solid. n.o.s. Poisonous liquid or gas. flammable, n.o.s. Poisonous liquid or gas. ruo.s. 172.301 Cnral maming rvquiftmtnlx Poisonous liquid, n.o.s. Poison B liquid. n.O., Poisonous solid, corroiivn. n.o.s. Poisonous solid, n.o.s. Poison B. solid, iuo.s. Pyrophoric liquid. n.o.s. Pyrcfonc liquid. n.o.s. Refrigerant gas. n.o.s. (c) Technical names. Each non-bulk packaging containing hazardous materials subject to the provisions of 172.2Q3(k) of this part must be marked with the technical name of the hazardous materia) in parentheses Water reactive solid. n.o.s. immediately following the proper (4) The provisions of this paragraph do not apply-- (1) To a material that is described using the proper shipping name "Hazardous Substance, liquid or solid, shipping name, in accordance with the requirements and exceptions specified for the display of technical descriptions on shipping papers in $ 172.203(k) of this part. n.o.s." provided the materia) is described in accordance with the 172.302 (Removed) provisions of fi 172J!C3(c) of this part: or (ii) To a material that is described using the proper shipping name "Hazardous Waste, liquid or solid, n.o.s." that la also a hazardous substance and which is described in 10. Section 172.302 is removed. 11, A new Subpart G is added to Part 172 to read as follows: Subpan G--Emergency Response Information accordance with the provisions of 17Z.Z03{c) of this part. F*c. 172.600 Applicability and general requirements. (m) jo/sonoLfj materials;. Notwithstanding the hazard cluss to 172.602 Emergency response information. 172.604 Emergency response telephone number. which a material is assigned-- {1} If a liquid or solid material in a package meets the definition of a poison Subpart G--Emergency Responso Information according to this subchapter, and the fact that it is a poison is not disclosed in the shipping name or class entry, the word "Poison" shall be entered on the shipping paper in association with the shipping description. (2) If the technical name of the compound or principal constituent that causes a material to meet the definition of a poison (according to this subchapter) is not included in the proper shipping name for the material, the technical name shall be entered on the shipping paper in the manner prescribed . in paragraph (k) of this section. $ 172.600 Applicability and general requirement*. (a) Scope. Except as provided in paragraph (d) of this section, this subpurt prescribes requirements for providing and maintaining emergency response information during transportation and at facilities where hazardous materials are loaded for transportation, stored incidental to transportation or otherwise handled during any phAse of transportation. (b) Applicability. This subpurt applies to persons who oiler for transportation, accept for transportation, transfer or (3) U the inhalation toxicity of any material falls within the criteria otherwise handle hazardous maieruils during transportation. specified in 5 173.3a(b)(2) of this subchapter (subject to definitions and implementation conditions of paragraphs (c) and (d) of the same section), the words "Poison-Inhalation Hazard" shall be entered on the shipping paper in association with the shipping description. However, the word "Poison" need not be repeated if it is entered as part of the basic description or m coniormance with paragraph (m)(l) of this section. This paragraph does not apply to packagings containing inner receptacles of one liter capacity or less. (c) General requirements. No person to whom this subport applies may offer for transportation, accept for transportation, transfer, store or otherwise handle during transportation a hazardous material unless: (1) Emergency response information conforming to this subpart is immediately available for use at all times and hazardous material is present: and (2) Emergency response information required by this subpart ts Immediately available to any person who. as a representative of a Federal, slate nr 9. In 172.301. paragraph (cl is local government agency, responds to n redesignated as paragraph |ri) and incident involving a hAzardous material, paragraph (c) is added to this section to or is conducting an Investigation which read as follows: involves a hazardous maicnnl. vvv 0000qi?5 27146 Federal Register / Vol. M. No. 122 / Tuesday. June 27. 1969 ( Rules and Regulations (d) Exaepuon. The requirements of subpart dr not epyiy to hnzardous eruiis which are excepted from the snipping paper requirements of this subchuptur. 172.602 Emergency response Information. (a) Information required. For purposes of this subpart, the term "emergency response information" means information that can be used in ihp mitigation of an incident involving hazardous materials and. as a minimum, must contain the following information: (1) The description of the hazardous material required by 172.202 and 172.203: (2) Immediate hazards to health: (3) Risks of Fire or explosion; (4) Immediate precautions to be taken ir. the event of an accident or incident; (5) Immediate methods for handling small or lurce Fires: (6) Initial methods for handling spills or leuks in the absence of fire; and (7) Preliminary first aid measures. (b) Form of information. The Information required for a hazardous muleriul by paragraph (a) of this section must be: (1) Printed legibly in English: (2) Available for use eway from the ,'tage containing the hazardous ferial: and (3) Presented-- (i) On a shipping paper (iij In a document, other than a shipping paper, that includes both the basic description of the hazardous material as specified in 172.101. and the emergency response information requtred by this subport. (e.g., a material safety data sheet); or (iff] In conjunction with a shipping paper, in a separate document, such as an emergency response guidance manual, in a manner that crossreferences the basic description for the hazardous material on the shipping peper with the emergency response information contained in the document. For example, the ICAO "Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods'* and the IMO "Emergency Procedures for Ships Carrying Dangerous Goods", for shipments by air and water respectively, could be used is association with a shipping paper to satisfy the requirements of this paragraph, if the document contains the information specified to paragraph fa) of this section. !c) Maintenance of information. v^ergency response information shall ^Hintained us follows: [1) Carriers. Each carrier who transports a hazardous maienai shall maintain the information specified in paragraph (a) of this section in the sane manner as prescribed lor shipping papers (including dangerous cargo manifests). This information must be immediately accessible to a transport vehicle operator or crew in the event of an incident involving a hazardous material. (2) Facility operators. Each operator of a facility where a hazardous muleriul is received, stored or handled during transportation, shall maintain the in/ormution required by paragraph (o) of this section whenever the hazardous material is present. This information must be in a locution that is immediately accessible to facility personnel in the event of an incident involving the hazudrous muleriul. $ 172,604 Emergency response telephone number. (u) A person who offers a hazardous material for transportation must provide a 24-hour emergency response telephone number (including the area coda or international access code) for use fa the event of an emergency involving the hazardous material. The telephone number must be-- (1) Monitored at all times; (2) The number of a person who is knowledgeable of the hazards and characteristics of the hazardous material being shipped, has comprehensive emergency response and accident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information: and (3) Entered on a shipping paper, os follows: (i) Immediately following the description of the hazardous material required by Subpart C of this Part 172; or (ii) Entered once on the shipping paper in a dearly visible location. This provision may be used only if the telephone number applies to each hazardous material entered on the shipping paper, and if it is Indicated that the telephone number is for emergency response information (for example: `EMERGENCY CONTACT: fb) The telephone number required by paragraph (a) of this section must be the number of the person offering the hazardous material for transportation or the number of an agency* or organization capable of. and accepting responsibility for. providing the detailed information concerning the hazardous material. A person offering a hazardous material for transportation who lists the telephone rnmriHf of an agency or organization shall ensure that agency or organization has received current information on the muleriul. ns requtred by paragraph (a)(2) o( this section before it is offered for transportation. PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 12. The authority citation for Part 173 continues to read as follows: Authority: 4 U.S.C. 1805. 18C4. ]&yf\ likW. 49 CTR Tart U 13. In 5 173,12, a new paragraph (f) is added to read as follows: 173.12 Exceptions for shipment of waste material. (f) Technical names for n.o.s. descriptions. The requirements for the inclusion of technical name# for n.o.&. descriptions on shipping papers and package markings. 172.203 and 172.301 of this subchapter. respectively, do not apply to pockagings prepared in accordance with the requirements of ihiB section, except as follows: (1) Packages containing materials meeting the definition of a hazardous substance must be described as required in 172.203(c) and marked as required in 172.324 of this subchapter: and (2) Packages containing hazardous materials subject to the provisions of 172.203(m) of this subchapter must be described in accordance with 172.203(m) of this subchapter. PART 176--CARRIAGE BY VESSEL 14. The authority citation for Part 17B continues to read as follows: Authority: 49 U.S-C. 18C3,1801. lBOft 49 CFR Part 1. 15. In 170.30. a new paragraph (a)(3){i) is added to read as follows: i T76.3C Dangerous cargo manifest (a)*** (3) * * (i) An emergency response telephone number as prescribed in Subpart G of Part 172 of this subchapter. Issued in Washington, DC on )une 22. I960, under vuliiorily delegated ill 49 CFK Part 1. Travis P. Duagao. Administrator. Research and Special Programs Admiiustrouon. [Ffl Doc. 09-15190 Filed $-20-09; B:45 am) BILLIHC COOE O10-4CKM VVV 00000012b TO: John Irvine - Ponca (FAX) Bruce Borsuk ^ea: JCL: NIMG: p Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles July 17, 1989 ALCAMIZER 4-2 INVENTORY STATUS I have been unable to find Alcamizer 4-2 on the inventory. We searched the computerized inventory listing, which is as up-to-date as possible by trade name and by various CAS numbers given to me by you guys. The memo from Ogino (attached) indicates that it is on the inventory. It could be listed on the "confidential" part of the inventory which is unavailable for general search unless a bona fide intent to import is filed with the agency. At this point, I suggest we push Mitsui to give us a written certification that 4-2 is on the inventory. The certification should include an inventory number or rationale, such as it is a mixture of materials on the inventory. > T. G. Grumbles dlj Attachment NOTE: John the two CAS numbers you gave me are inventory listed as follows: 1314-13-2: Zinc Oxide (ZnO) 11097-59-9: Magnesium [carbonate (2-) hexa decahhydroxylis (aluminum) hexa-CHigA^MggOic)) vvy 000000127 FAX T IntwoMa Communication From: Dote: Subject: -a--.. _.-- ,.^-t; T. G, Grumble?! - VCC Houston g*j ,fca' f < t L.-Trvitie'*-" VCC^Pbnda* city"' H. Ogino - VCFE Tokyo July 12, 1989 / Ref. No. 891722 ALCAMIgBR 4-2 - Your Fax July 11 ~7 ^ 43 VIS1A Contacted with Kyowa Kasei. Alcamizer 4-2 is on the USEPA Inventory list and no problem. Kyowa Kasei is marketing this product thru Mitsui N.Y. Chemical Division with some stocks in the U.S. We were advised Mitsui N.Y. had already been contacted and had provided sample & brochures to VISTA. In order to avoid the communication confusion, we - were requested to contact them thru Mitsui N.Y. in future. Best Regards, P.S. The telephone number you gave was incorrect. J OQoooiZa Thomas G. Grumbles io dcx VISTA Dote AA^ vvv 000000129 ?Q > ' - [notf- It- 3 MX) HI oooooox^0 ^ ^ J>J'i/iXi^*~- L< f.'iic<C~i ny /f / >f'x? ' T-'it-tfU /3*` ov /-''.i.<r.r*V <<- Cs. L< jCM-idl // <7 7 6~7- / ^ 0 '-fs v---- VO Vv'"''~' C V e u*w/ D 7. V\i <w( s 'Tbc or I VVV 00000I31 July 7, 1989 DIALOG INFORMATION SERVICES PIS PROMT - 72-89/July 7 (Copr. 1989 Predicasts) SI 1 AICAMIZER? 1/4/1 01059250 Kyowa Chem emphasizing plastic additive sales. Japan Chemical Week July 12, 1984 p. 2 Kyowa Chemical Industry has developed Alcamizer FVC stabilizer with excellent thermal stability, and has also introduced Kisuma magnesium hydroxide for use as a modifier for plastics and an inorganic flame retardant. CA SEARCH 1967-1989 UD=11026 (Cqpr. 1989 by the Amer. Chem. Soc.) S4 2 AICAMIZER? 4/5/1 108222657 CA: 108(26)222657g PATENT Vinyl chloride resin compositions resistant to heat and weathering INVENTOR (AUTHOR): Takato, Koichi; Maeda, Shuichi LOCATION: Japan, ASSIGNEE: Dainippon Ink and Chemicals, Inc. PATENT: Japan Kokai Tokkyo Koho ; JP 8827546 A2 ? JP 6327546 DATE: 880205 APPLICATION: JP 86167861 (860718) PAGES: 5 pp. CODEN: JKXXAF LANGUAGE: Japanese CLASS: C08L-027/06A; C08K-003/22B; C08K-003/26B; C08K-005/05B; C08K-005/10B? C08K-005/39B SECTION: CA237006 Plastics Manufacture and Processing IDENTIFIERS: heat stabilizer vinyl chloride polymer, sorbitol heat stabilizer, hydrotalcite heat stabilizer, zinc dithiocarbamate heat stabilizer, light stabilizer vinyl chloride polymer DESCRIPTORS: Heat stabilizers... Light stabilizers... metal compels, and polyol derivs., for vinyl chloride polymers CAS REGISTRY NUMBERS: 75-01-4D polymers, heat and light stabilizers for "96492-3l-8^~stabilizers/ Alcamizer~Il> for vinyl chloride polymers VVV 00000i32 77-99-6 126-58-9 136-23-2 839-90-7 1309-42-8 6865-35-6 14324-55-1 14634-93-6 56509-15-0 stabilizers, for vinyl chloride polymers 50-70-4 115-77-5 1309-48-4 1314-13-2 uses and miscellaneous, stabilizers, for vinyl chloride polymers 4/5/2 107024414 CA: 107(4)24414s PATENT Heat-retaining agricultural films INVEbnX3R(AUIH3R): Kdmazaki, Shingo; Murakami, Akira; Watanabe, Takeshi LOCATION: Japan, ASSIGNEE: Tokyo Printing Ink Mfg. Co., Ltd.? Marui Kako K. K. PATENT: Japan Kokai Tokkyo Koho ; JP 86218646 A2 ? JP 61218646 DATE: 860929 APPLICATION: JP 8558224 (850325) PAGES: 4 pp. CODEN: JKXXAF LANGUAGE: Japanese CLASS: C08L-023/02A; C08K-003/26B; A01G-009/14 SECTION: CA238003 Plastics Fabrication and Uses IDENTIFIERS: agricultural film EVA filler, thermal insulator agricultural film, hydrotal cite filler agricultural film DESCRIPTORS: Thermal insulators... agricultural films, hydrotalcite-filled polyolefins for Agriculture and Agricultural chemistry... films for, thermally insulating, hydrotalcite-filled polyolefins for CAS REGISTRY NUMBERS: 24937-78-8 agricultural films, hydrotalcite-filled, for good thermal insulation 12539-23-0__ filler, Alcamizer I, for EVA for agricultural films 96492--31-8 _ filler, Alcamizer II, for EVA for agricultural films 9002-88--4 lcw-d., agricultural films, hydrotalcite-filled, for good thermal insulation vvv 000000133 F St S Index - 1980-89/Jun, Week 4 (Ccpr. 1989 Predicasts) SI 1 ALCAMIZER? 1/5/1 1151630 Japan Chemical Week PROMT: YES July 12, 1984 p. 2 Kyowa Hakko Kogyo : New Alcamizer PVC stabilizer has excellent thermal stability COMPANY: Kyowa Hakko Kogyo PRODUCT: Plastics Stabilizers (2869318) EVENT: Product Design & Development (33) COUNTRY: Japan (9JPN) 00000013* CHEMSEARCH(TM) 1965-May89 9,062,049 subs (C. Dialog Inf.Ser. Inc. 1989) SI 4 ALCAMIZER? 1/5/1 CAS REGISTRY NUMBER: 119758-00-8 __J FORMULA: W99 CA NAME(S) : HENAlcamizer IV (9CI) SYN0NYMST'fiIcaaizer~4-- > ^SUBFILE: CHEMSiS 12CI 1 LITERAIURE REFERENCE(S) IN FILE 399. 1/5/2 CAS REGISTRY NUMBER: C.119757-99-2^> FORMULA: W99 XT&WI?irC\ . SYNONYMS: Alcamizer 3 SUBFILE: CHEMSIS 12CI 1 LITERAIURE REFERENCE(S) IN FILE 399. 1/5/3 CAS REGISTRY NUMBER: 96492-31-8 FORMULA: C03.2AlH6O6.rfi2O.4Mg REPLACED CAS REGISTRY NUMBER(S) : 99627-91-5 CA NAME(S) : HP=Aluminate(Al(OH)63-) (9CI), NM=(OC-6-ll)-, magnesium carbonate (2:4:1), hydrate SYNONYMS: Alcamizer II; Alcamizer 2; Alkamizer II COMPONENT CAS RESISTRY NUMBER(S) : ((69048-27-7)) (3812-32-6 18893-33-9) SUBFILE: CHEMNAME 6 LITERAIURE REFERENCE(S) IN FILE 399. 1/5/4 CAS REGISTRY NUMBER: 12539-23-0 FORMULA: C03.2AlH606.3H20.4Mg REPLACED CAS REGISTRY NUMBER(S) : 101359-73-3 CA NAME(S): HP=Aluminate(A1 (OH) 63-) (9CI), NM=(0C-6-ll)-, magnesium carbonate (2:4:1), trihydrate SYNONYMS: Alcamizer I; Alkamizer I; Alkamizer 1 COMPONENT CAS RESISTRY NUMBER(S) : ((69048-27-7)) (3812-32-6 18893-33-9) SUBFILE: CHEMNAME 16 LITERAIURE REFERENCE(S) IN FILE 399. yVV 000000135 CHEMNAME 1967-May89 2,040,309 subs) (C. Dialog Inf. Ser.Inc. 1989) SI 2 RN="96492-31-8" 1/5/1 GAS REGISTRY NUMBER: 99627-91-5 FORMULA: UNKNCWN SEE REPLACING CAS REGISTRY NUMBER: 96492-31-8 SUBFILE: CHEMNAME 7 KETERA1URE REFERENCE(S) IN FILE 399. 1/5/2 CAS REGISTRY NUMBER: 96492-31-8 FORMULA: C03.2AlH606.xH20.4Mg REPLACED CAS REGISTRY NUMBER(S): 99627-91-5 CA NAME(S) : HP=Aluminate (A1 (OH) 63-) (9CI), NM=(0C-6-ll)-, magnesium carbonate (2:4:1), hydrate SYNONYMS: Alcamizer II; Alcamizer 2; AUcamizer II COMPONENT CAS RESISTRY NUMBER(S) : ((69048-27-7)) (3812-32-6 18893-33-9) SUBFILE: CHEMNAME 6 LITERATURE REFERENCE(S) IN FILE 399. vvv 000000136 TO: Di.snribu.cion TGG: JCL; MMG: AJO: RF XF: _________________ I nteroffice Communication 7R0M: DATE: 3UBJ: T. G. Grumbles July 19, 1389 EMPLOYEE INFORMATION MEETINGS AT LCVCM ON JULY 14 VISTA Attached is the list of questions from the meeting and the brochure ve handed out. I've made no attempt to group the questions, but have made initial assignments as to who should draft answers. Most are for me and Dr. Drumwright. Our goal is to have a document done bv July 28 for distribution at VCM. It is clear what the major concerns are based on the questions. They are as follows: Facts on Ross and Fogleman's illness. 2. '.That are the limitations of current medical screening, and what will the Company do for further screening specific to brain tumors. 3. 'Jill the Company study the LCVCM plant population. They are concerned about their small group not the VCM industry. 4. Do other chemicals at the plant, such as EDC, HC1, and Chlorine have similar chronic effects. Some of these questions can be answered based on science and some will involve policy decisions. Overall, I believe we have set a positive tone by our approach to cate and must continue open and "aggressive" communication with the emolovees. T. G. Grumbles' acnmenC Distribution: 9.. A. Conrad. G. M. Shirlev-LCVCM T. H. Huffman. J. R. Drumwright. 9.. D. Gamblin. J. A. De3err.arai, M. S. Revr.olds J. Friend-LCC?. J. W. Jare-LCLA3. '*. Sevmour - A3ER. D. Garrison-CMC. R. VVV 000000137 QUESTIONS RESPONSIBILITY 1. ARE TWO BRAIN TUMORS IN A SHORT-TIME IN A SMALL GROUP LIKE OURS INDICATIVE OF A PROBLEM? JRD 2. WOULD THE PROBLEM DAN ROSS HAD SHOW-UP ON THE VAN CHEST X-RAY? JRD 3. ARE TWO BRAIN TUMORS IN GROUP LIKE OURS A LARGE AMOUNT? (DON'T COUNT EVERYONE, ONLY THOSE EXPOSED IN OPERATIONS, MAINTENANCE) . JRD 4. WHAT ABOUT THE CANCER DEATHS IN THE PAST? JRD 5. I WORRY MORE ABOUT EDO AND TARS? CAN THESE BE CARRIED HOME AND EXPOSE MY FAMILY? TGG 6. WHAT DO WE KNOW ABOUT EDC/TARS EXPOSURE EFFECTS? TGG 7. ARE THE RECENT BRAIN TUMORS THE SAME TYPE? JRD 8. DID DAN ROSS'S CANCER METASTASIZE? JRD 9. CANDIFFERENT PEOPLE GET DIFFERENT CANCERSFROM SAME EXPOSURE DUE TO INDIVIDUAL DIFFERENCES? JRD QUESTIONS -1VVV GOO0OOI38 QUESTIONS RESPONSIBILITY 10. DID THE BFG STUDY LOOK AT OTHER CANCERS AS WELL? TGG 11. HAVE WE TALKED TO OTHER VINYL PLANTS? 12. DID MR. FONTENOT HAVE ANY APPARENT SIGNS/SYMPTOMS FROM THE VAN EXAM? JRD/TGG JRD 13. DOES THE BLOOD TEST INDICATE CANCER? JRD 14. IS VISTA GOING TO PROVIDE CAT-SCANS? JRD/THH/RAC 15. WHAT WILL THE COMPANY DO IF ANOTHER BRAIN TUMOR IS FOUND? TGG 16. IBS IS REFUSING TO PAY FOR A CAT-SCAN I HAD? WHAT IS THE INSURANCE SITUATION FOR PAYMENT OF THIS TESTING? ER 17. IS VISTA LOOKING AT ANY OTHER TESTS BESIDES CAT-SCANS? JRD 18. ARE THERE BRAIN TUMORS AT OKC AND ABERDEEN? JRD 19. WHAT DOES A CAT-SCAN SHOW? WILL IT PICK VERY SMALL TUMORS? JRD 20. WILL VISTA STUDY OUR GROUP, THE LCVCM PLANT? TGG QUESTIONS -2- Vvv 000000139 QUESTIONS RESPONSIBILITY 21. HOW LONG WILL IT TAKE YOU TO ANSWER OUR. QUESTIONS? TGG 22. BASED ON DEATH CERTIFICATE PROBLEMS, HOW CAN ANY STUDY BE ACCURATE OR DEPENDABLE? TGG/JRD 23. WHAT ABOUT THE DEATH CAUSES OF CHILDREN OF EMPLOYEES? WILL YOU LOOK AT THOSE? JRD 24. WE DON'T CARE ABOUT STUDIES WITH THOUSANDS OF WORKERS, WHY DON'T YOU STUDY US? TGG 25. CAN'T ONE MOLECULE OF A CARCINOGEN CAUSE CANCER? TGG 26. WILL YOU GET MORE INFO ON ROSS &. FOGLEMAN? JRD 27. WHY DO THE VAN TESTING RESULTS TAKE SO LONG TO GET? JRD 28. WILL RETIREES BE KEPT UP TO DATE ON OUR STUDIES? RAC 29. WILL YOU UPDATE US REGULARLY? RAC 30. WHAT ARE THE TYPES OF CANCER ROSS & FOGLEMAN HAVE? JRD 31. A FILM SHOWN IN 1972 SAID GLIOBLASTOMAS WERE A RESULT TGG OF VCM EXPOSURE. HAS THIS CHANGED? VVV 000000140 QUESTIONS -3- QUESTIONS RESPONSIBILITY 32. ARE THE 100 ANGIOSARCOMAS FOUND IN WORKERS PVC AND VCM WORKERS? TGG 33. DOES CIGARETTE SMOKING CAUSE BRAIN TUMORS? JRD 3^. WHY DO VISTA BLOOD RESULTS USE HIGHER NORMALS FOR COMPARISON? JRD 35. WHAT ABOUT EDC AND HC1 EFFECTS? WHAT ARE SHORT & LONG TERM EFFECTS AND AT WHAT PPM LEVEL DO THEY OCCUR? TGG 36. HOW LONG DOES EDC STAY IN BLOOD? JRD/IGG 37. ARE EDC RELEASES AND EXPOSURES REPORTED TO OSHA? TGG 33. WHY DON'T YOU DOCUMENT HIGH EDC EXPOSURES LIKE YOU DO VCM EXPOSURES? TGG/RAC 39. DO STUDIES LOOK AT THE TOTAL NUMBER OF EMPLOYEES EXPOSED OR TOTAL NUMBER AT THE PLANT? TGG 40. DO THE CHEMICALS HERE, VCM AND EDC, HAVE A CUMULATIVE EFFECT? TGG 41. IS LITERATURE SEARCHING ALL THAT WE'RE DOING? QUESTIONS TGG/THH/RAC WV OOOOOOl^l QUESTIONS RESPONSIBILITY 42. WHAT ABOUT HCl AND CHLORINE EFFECTS? TGG 43. SINCE ROSS & FOGLEMAN ARE THE REASON FOR THIS MEETING, WILL THERE BE A STUDY OF THEIR WORK HABITS, ETC.? TGG 44. WHAT ABOUT THE PEOPLE THAT HAVE BEEN HERE 20 YEARS, CAN'T WE DO SPECIAL TESTS FOR THEM? JRD/RAC/THH 45. WHY ISN'T A CAT-SCAN PART OF A ROUTINE PHYSICAL FOR US? JRD QUESTIONS 0000001^ -5- What Vista intends to do Vista Chemical recognizes and un derstands the concern felt by our em ployees and their families. The company continues to evaluate the literature and participate in industry groups concerned with the health ef fects of exposure to chemicals used or manufactured in our plants. In addition, the company is investi gating new non-invasive testing meas ures which could be used to detect ab normalities. As we move forward, we'll keep em ployees informed of our progress. VISTA Facts About Brain < < tumors VIS1A< o and chemical Q O exposure a o Vista Chemical Company * W Lake Charles VCM Plant What studies show about brain tumors The scientific literature and study re sults present conflicting evidence in re gard to the association of brain tumors and vinyl chloride monomer. Some studies have indicated a possi ble association between brain tumors and VCM. Others have shown no asso ciation at all. In the studies which indicated a pos sible association, the number of tumors occuring in studied workers was com pared to the number of cases known to occur in the general population. While the number of tumors among the work ers was higher than those occurring among the population at large, the dif ference was small enough that one could not say for sure whether the dif ference was caused by worker exposure to VCM. The information on exposure to ethy lene dichloride and carbon tetrachloride does not indicate an association be tween these chemicals and brain tu mors. c < oo O o o a k-- What are the symptoms of brain tumors? For brain tumors, clinical findings or symptoms are variable. Headaches seldom are the first indi cators of the presence of a brain tumor. Other symptoms such as convulsions or seizures are probably the more common signs. Intense headaches accompanied by vomiting, visual disturbances, (blurring or seeing double), weakness and/or trouble with coordination should be thoroughly investigated by a physician. Also keep in mind that brain tumors may result from other causes as well. For example, certain forms of lung can cer may spread to the brain or other lo cations in the body. Good health habits, taking pan in Vista's health testing program and peri odic visits to your own physician are important to stay ahead of any physical condition that could adversely affect you. Tests that can detect brain tumors There are a number of specific diagnoric tests which can be used to de termine the presence of a brain tumor. These tests include CAT scans, MRIs (magnetic resonance imaging), skull x-rays, injection of dyes, or com binations of these and other tech niques. However, most of these are invasive tests which carry some risks of their own. For instance, CAT scans involve exposure to more radiation than a nor mal chest x-ray and should not be un dertaken lightly. In addition, the imilii-phasic testing offered by Vista is designed to provide broad screening, not specific diagnos tic tests. Vista's exam uses questionnaires and interviews to obtain good employ ee medical histories. These histories, used to determine signs and symptoms of potential health problems, are ex tremely important because problems are usually detectable before actual physical findings are. When screening evaluations indicate problems, more intensive diagnostic procedures may be recommended.