xvEPA
United States
Environmental Protection
Agency
Office of Pollution
Prevention and Toxics
Washington, DC 20460
September 1996
EPA 745-R-96-005 (/"
Annual Report of the
Office of Pollution Prevention
and Toxics, FY1995
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Table of Contents
Foreword 5
Introduction 6
(.Advancing Pollution Prevention
Working with Industry
The 33/50 Voluntary Program 8
Pollution Prevention Through Technology Transfer (Eastman Kodak Case Study) .... 9
Design for the Environment 10
DfE Printing Industry Projects 10
DfE Dry Cleaning Industry Project 11
DfE Printed Wiring Board Industry Project 11
DfE Green Chemistry Challenge 12
Green Chemistry Challenge Winners 12
DfE Environmental Accounting Project 13
DfE Pollution Prevention Finance Project 13
DfE Environmental Insurance and Risk Management Project 14
DfE National Pollution Prevention Center for Higher Education (NPPC) 14
Integrating the Pollution Prevention Philosophy
Source Reduction Review Project (SRRP) 15
Environmentally Preferable Products 15
ISO 14000 16
Supporting Pollution Prevention Initiatives
Pollution Prevention Incentives for States (PPIS) Grants 17
Environmental Justice Through Pollution Prevention Grants 17
Pollution Prevention Trade Association Workgroup 18
»f>*i'
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2. Reducing Risk to the Public from Chemicals:
Promoting Safer Chemicals, Processes, and Technologies
Gathering Data
TSCA Chemical Inventory 20
Chemical Use Inventory 21
Data Gathering Initiatives 22
Developing Data (Testing Chemicals)
Master Testing List 23
Testing Actions 23
Voluntary Agreements 24
Enforceable Consent Agreements (ECA) 25
Test Rules 26
Screening Information Data Set Program 27
Managing Risks
Risk Management Strategy 27
Risk Management Initiatives 28
Benzidine Dyes 28
Paint Stripping Use Cluster 28
GSA Cleaners 29
Land Application of Pulp and Paper Mill Sludge 29
Exposure Guideline Levels 29
Structure Activity Team 30
Reviewing New Chemicals 30
Customer Service Standards 32
Environmental Technology Initiative for Chemicals 32
Product Stewardship Consent Orders 32
Biotechnology Rule and Activities 33
New Chemical Exposure Limits 33
3. Reducing Risk to the Public from Chemicals:
Promoting Life Cycle Management
Lead
Lead Activities Related to Title X 35
Lead Model Plan for States & Tribes 35
2 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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State Grants 35
Lead Disclosure Rule for Housing 36
Section 1015 AdvisoryTask Force 36
Publications 36
National Hotlines 37
Renovation and Remodeling Study 37
National Lead Laboratory Accreditation Program 38
Other Lead Initiatives 38
International Risk Reduction Efforts 38
National Meetings with States 39
Lead Training Courses 39
Lead Worker Training Grants 40
Regional Lead Training Centers 40
Lead Environmental Justice Initiative 41
Low Cost Abatement 41
Technical Studies 42
Multi-Media Whole House Environmental Justice Initiative 42
PCBs
PCB Disposal Amendment 43
Proper PCB Disposal 43
Trilateral Agreements for PCB Waste 44
Interim Relief on PCB Exports 44
Asbestos
Asbestos Model Accreditation Plan 45
Asbestos Training Courses 45
Asbestos Abatement Training Grants 46
Grantees 46
Dioxin 46
4. Promoting Public Understanding and Right-to-Know
Empowering the Public with Information 47
Toxics Release Inventory (TRI) 47
TRI Expansion Initiatives 48
Annual TRI Data Release 49
Table of Contents | 3
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Improving TRI Information Products and Services 49
Right-to-Know Network (RTKNET) 49
TRI Data Products 50
TRI Education Package 50
Facilitating TRI Reporting and Data Use 50
Electronic TRI Data Submission 50
Streamlined Reporting Requirements 51
TRI Data Use Conference 51
TRI — "Train the Trainer" Tutorial 51
TRI-US Customer Standards and Service 52
Ensuring TRI Data Quality 52
TRIS Modernization 52
Identifying TRI Data Errors Efficiently 52
Other Initiatives 53
TSCA Section 21 Petitions 53
Export Notification 54
Forming Partnerships
Community Pilot Project 54
Forum on State and Tribal Toxics Action (FOSTTA) 55
International Efforts 55
Increasing Public Awareness
OPPT on the Internet 56
Chemical Fact Sheets and Summaries 57
Cultural Uses of Metallic Mercury 57
Consumer Labeling Initiative (CLI) 58
Solvents Project 58
Chlorinated Paraffins 58
Chloroethane Negotiations 59
Improving Data Quality and Access
Facility Identification Initiative 59
Reforming Confidential Business Information Claims 60
8(e) Triage Database 61
S. Resources 62
4 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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Foreword
I am pleased to present the first annual report of EPA's Office of Pollution Prevention and
Toxics (OPPT). I believe that all those who have an interest in the Office's toxics and pollu-
tion prevention programs will find this report extremely helpful in understanding the diver-
sity of these programs and assessing the programs' accomplishments for Fiscal Year 1995
(October 1, 1994-September 30, 1995). The goal of this report is to present not only what
we do but also how it makes a difference.
What this report vividly illustrates is that OPPT's activities now involve much more
than our traditional regulatory responsibilities under the Toxic Substances Control Act
(TSCA). Much has changed in environmental protection since the passage of that law twenty
years ago. Our work now takes place in a world with a broader environmental ethic and
awareness. We have found new ways to use participatory and voluntary means to achieve
environmental protection.
Rethinking how to achieve environmental protection, however, also requires rethinking
the way we do business in the office. OPPT staff includes a diverse collection of outstanding
and dedicated professionals: economists, toxicologists, chemical engineers, policy analysts,
and administrative support staff, to name a few. We recognize that we must cultivate a healthy,
efficient, and productive organization to effectively accomplish our mission. This involves
cultivating an organization that fosters open communication and values diversity so that
everyone is fully apprised of organizational goals and objectives and everyone's contribu-
tions, from senior scientist to secretary, are fully appreciated.
We also recognize that sound science is critical to sound environmental decision mak-
ing. Our scientists continue to enhance and share their skills by publishing articles, develop-
ing scientific tools, and delivering presentations on a broad range of topics, such as the
evaluation of carcinogenic hazard, the design of safer chemicals, and the harmonization of
international test guidelines. The outstanding work of our scientists and their noteworthy
accomplishments is demonstrated by projects such as ECOSAR, a personal computer soft-
ware program that is used to estimate the toxicity of chemicals used in industry and dis-
charged into water. This program is in high demand nationally and internationally.
In addition 'to maximizing our human resources within the Office, we must also strive
to improve our responsiveness to our customers; look for new ways to define and measure
success, and do a better job of communicating our priorities and agenda to the people with
whom we do business every day. This report is one step in that direction. It highlights our FY
1995 accomplishments and signals the areas where our energy and resources will likely be
focused in the years ahead.
William H. Sanders, III, Dr. PH., P.E
Director, Office of Pollution Prevention and Toxics
Foreword | 5
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Introduction
CPAs Office of Pollution Prevention and Toxics (OPPT) has a staff of approximately 450
people and is located at EPA headquarters in Washington, DC. The Office is organized into
eight divisions and a program management and evaluation staff, OPPT's responsibilities
include implementation of the following statutes:
^- Toxic Substances Control Act (TSCA)
^ Section 104(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA)
^ Sections 313 and 322 of the Emergency Planning and Community
Right-to-Know Act (EPCRA)
^- Pollution Prevention Act (PPA)
^ Residential Lead-Based Paint Hazard Reduction Act
^ Asbestos School Hazard Abatement Act (ASHAA)
^ Asbestos Hazard Emergency Response Act (AHERA)
As noted in the Foreword to this report, OPPT's activities today go far beyond the
traditional implementation of statutory requirements. Within the framework of these statu-
tory authorities, we pursue a number of participatory and voluntary means to protect public
health and the environment. Traditional regulatory approaches also provide the foundation
for much of what we do. To reflect this broader focus, this report is organized around the
following four principles that guide OPPT's efforts in reducing health and environmental
risks from toxic substances.
I. ADVANCE POLLUTION PREVENTION
It is our job to be the stewards of pollution prevention both inside and outside of EPA.
OPPT is using several strategies in its advancing of pollution prevention as the preferred
environmental strategy, including using voluntary reduction programs, partnerships, tech-
nical assistance, and grant opportunities to incorporate cost-effective pollution prevention
alternatives into regulations and other initiatives.
1 PROMOTE SAFER CHEMICALS, PROCESSES, AND TECHNOLOGIES
Fundamentally, OPPT's role is to encourage the use of safer chemicals and processes in
the basic operations of the industrial sector. Our new chemicals program under TSCA plays
a major role in preventing chemicals that will pose significant risks from entering the mar-
ketplace and encouraging the introduction of less hazardous new chemicals. For chemicals
6 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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already in commerce, we are beginning to examine clusters of related chemicals, rather than
single chemicals, in evaluating alternative products and processes. We are also encouraging
industries to shift to products and processes that are safer and more effective.
3. PROMOTE LIFE CYCLE MANAGEMENT OF MAJOR CHEMICALS OF
CONCERN
While pollution prevention is one of our guiding principles, we still face the task of
overseeing several high risk chemicals — such as lead, asbestos, dioxin and PCBs — that
have been widely used for years in buildings and equipment. These substances have been
around for a long time, and their health risks are well documented and widely known. We
will continue to need to manage the problems caused by their use well into the future.
4. PROMOTE PUBLIC UNDERSTANDING
Even the most optimistic projection of resources available to OPPT will permit direct
government action on only a handful of chemicals of concern. We clearly need the help of
others. The most effective way for OPPT to encourage and empower private initiative is to
disseminate environmental information as widely as possible. Public release of information,
and the tools to employ that information effectively gives everyone the ability to participate
in the broader national effort to address the environmental concerns posed by chemicals.
Introduction | 7
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Pollution prevention makes economic
sense. We'll save money on raw
materials, we'll have less waste to
dispose of, and we'll protect American
I.
Advancing Pollution Prevention
I he Pollution Prevention Act of 1990 declared pollution prevention to be the national
policy of the United States. Pollution prevention, also referred to as source reduction, aims
both to conserve finite natural resources and to prevent waste and harmful substances from
contaminating the environment. OPPT manages many programs which
directly benefit companies and communities in applying pollution pre-
vention solutions to improve the environment. We work with businesses
to integrate environmental considerations into industrial processes and
traditional business functions, and form partnerships to reduce the re-
lease of chemicals into the environment. This chapter reviews these ini-
tiatives as well as other projects undertaken by OPPT during FY 1995 to
prevent pollution.
citizens and our own environment.
— Carol M. Browner,
EPA Administrator
WORKING WITH INDUSTRY
For more information
on the 33/50 Program call
the TSCA Hotline at (202)
554-1404, or contact the
33/50 Program staff directly
at (202) 260-6907.
THE 33/50VOLUNTARY PROGRAM
In 1991, EPA created the 33/50 Program, an experimental pilot pro-
gram that challenges industry to become a voluntary partners in prevent-
ing pollution nationwide. OPPT manages the 33/50 Program, which derived its name from
its goals — an interim goal of a 33 percent reduction by 1992 and an ultimate goal of a 50
percent reduction by 1995 in releases and transfers of 17 high-priority toxic chemicals, com-
pared to a baseline of 1988. These chemicals are toxic, have high production volumes, and
have high pollution prevention potential. Approximately 1,300 companies, operating more
than 6,000 facilities nationwide, pledged to reduce the release and transfer of the 17 high
priority chemicals.
One of the strengths of the 33/50 Program was to focus an extraordinary amount of
industry's pollution prevention efforts on a small set of 17 high-priority chemicals. EPA chose
these chemicals — which include organic chemicals such as benzene and trichloroethlylene,
along with metals and inorganics such as mercury and cyanide — not only out of concern for
their toxic effects, but because they are all broadly used throughout industry. The flexible,
voluntary nature of the 33/50 Program allowed EPA to target these chemicals for ambitious
reduction far more rapidly than would have been possible through conventional control strat-
egies. The removal over 700 million pounds of these toxic substances from industrial waste
streams has had a direct impact on environmental quality: 500 million pounds of air emissions
8 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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33/50 Program Progress
Millions of Pounds
1.750
1,500-
1989
1992
have been eliminated, and water discharges have been reduced
60 percent. As a result of these reductions, the environment is
cleaner and the risk to human health and to ecosystems from
these chemicals has been reduced. The success of this program
has demonstrated that EPA and industry can work productively
in a voluntary mode.
The 33/50 Program continues to achieve major strides,
as demonstrated by the TRI data released in FY 1995 (cover-
ing calendar year 1993). National emissions for the 33/50
Program chemicals were voluntarily reduced by an additional
100 million pounds in 1993, bringing total reductions be-
tween 1988 and 1993 to 685 million pounds or 46 percent.
Release of FY 1996 data (covering calendar year 1994) indi-
cates the 33/50 Program exceeded its ultimate 1995 50%
national pollution reduction goal by 10 million pounds, a
full year ahead of schedule.
In addition to the national program for reducing emissions, the 33/50 Program has also
assisted the EPA's Chesapeake Bay Program in implementing a community-based voluntary
reductions program modeled after 33/50. The Chesapeake Bay Program is setting out to
achieve ambitious goals for reducing priority chemicals in the Bay watershed.
OPPT is working with stakeholders to develop the "Next Generation" of the 33/50
program to achieve more success through another voluntary initiative.
POLLUTION PREVENTION THROUGH TECHNOLOGYTRANSFER
(EASTMAN KODAK CASE STUDY)
OPPT has developed a variety of analytical methods to support the evaluation of poten-
tial risks and benefits of chemicals. These methods include computer modeling techniques,
quantitative structure activity relationships, automated exposure assessment methods, and
others. Using these innovative tools helps prevent highly toxic chemicals from entering our
environment and assists industry to prevent pollution by enabling them to fine-tune the
chemical manufacturing process to minimize the generation of toxic waste. These tools also
represent an economically efficient approach to pollution prevention since problem chemi-
cals can be identified before resources are spent developing a chemical for commercial use.
In FY 1995, OPPT and Eastman Kodak Company worked together on a pilot project to
evaluate the utility of our methods to Kodak operations. Kodak found EPA's analytical methods
very useful, enhancing processes already in place to guide the company's research and devel-
opment efforts. EPA's methods helped Kodak to anticipate problematic waste streams from
new synthetic pathways and to focus resources on chemicals least likely to result in potential
health and environmental risk. Kodak's comments on the collaboration include the follow-
ing statement:
Advancing Pollution Prevention | 9
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For more information
on the following DfE projects
call the Pollution Prevention
Information Clearinghouse at
(202)260-1023.
"At the outset, we realized that participation in the technical
exchange program could help the Health and Environment
Laboratories advance an important goal - to provide product
development scientists with an early assessment of the potential
health and environmental effects from chemicals being considered
for use in new product designs or reformulations"
"... these methods, if applied early enough in a chemical or product
development cycle, can have an immediate and positive impact on
programs to reduce the potential hazards from commercial
manufacturing operations"
"The methodologies supplied by the Agency allowed those chemicals
with the greatest potential hazard to be eliminated from further
consideration at a point in time when the economic impact of the
decision was minimal. By applying the methods early in the
development cycle, we were able to avoid unnecessary expenditures
on product formulations for which appropriate alternatives were
available or could be developed."
With the creation of these tools, the Agency and industry can maximize the use of
information available which decreases the need for obtaining resource-intensive laboratory
data. This project demonstrates how the Agency is reinventing the way we work with indus-
try to prevent pollution. OPPT is working to develop technical assistance guides to enable
medium and large size industries to take advantage of these cost-effective pollution preven-
tion tools.
DESIGN FORTHE ENVIRONMENT
OPPT created EPA's Design for the Environment Program (DfE) as a voluntary pro-
gram aimed at helping businesses incorporate environmental considerations into the design
and redesign of products, processes, and technical and management systems. The DfE pro-
gram works through voluntary partnerships with industry, professional organizations, state
and local governments, other federal agencies, and the public to promote safer substitutes,
technologies, and chemical processes. These opportunities positively impact the health and
safety of workers and consumers, and the environment. DfE programs include broad insti-
tutional projects aimed at changing general business practices, as well as more targeted joint
projects with trade associations and businesses in specific industry segments. Following are
highlights of projects that took place in FY 1995.
DfE Printing Industry Projects
April 1995 marked the end of a three-year cooperative effort between the Screen print-
ing and Graphic Imaging Association (SGIA) and DfE. As a final event, the DfE Screen
10 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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P2 Finance for Screen Printers is a computer
software program that assists screen printing
companies in assessing the full costs and savings
associated with pollution prevention alternatives.
This entails including cost items that are often
neglected, miscalculated, or misallocated in
conventional financial analyses.The software
package is available from SGIA, 10015 Main Street,
Fairfax,VA 22031 or fax the order to (703) 273-
2870. $25/members, $50/nonmembers.
Printing Project sponsored a conference and informational forum in Chicago, Illinois on
April 6 and 7, 1995, called Re- source. The goal of the conference was to show screen
printers how to do business "cleaner, cheaper, and smarter." With speakers from the screen
printing, environmental management, and technical assistance communities, the confer-
ence showcased the information products and tools developed over the course of the part-
nership. The project focused on evaluating substitute screen reclama-
tion systems. Switching to a substitute system can reduce screen print-
ers' Volatile Organic Compound (VOC) emissions (which are harm-
ful air pollutants), occupational exposure, and waste water discharge
concerns. DfE is also working with the lithography and fiexography
sectors of the printing industry to develop data on environmental and
human health risks, costs, and performance for traditional and substi-
tute products, processes, and technologies.
Saving Money: Reducing Waste.This video,
produced by SGIA and the New Jersey Small
Business Development Center, provides timely
tips for screen printers to incorporate pollution
prevention and waste minimization into their
printing operations.Available from SGIA; $25/
members, $35/nonmembers.
DfE Dry Cleaning Industry Project
DfE has been working with the dry cleaning industry to develop
and test toxic free alternative cleaning processes. With over 30,000 es-
tablishments in the U.S., dry cleaners make up one of the largest users of
chemicals that come into direct contact with the general public. The
solvent perchloroethylene (PCE) is used by over 90 percent of the na-
tions' dry cleaners. There is evidence that high doses of PCE causes can-
cer in laboratory animals, and limited evidence of cancer in humans
based on occupational exposure (such as workers with high exposure in dry cleaners). The
dry cleaning project is an example of how DfE is working in partnership with businesses that
have a real impact on local communities.
In an effort to limit the quantity of toxic chemicals used in the dry cleaning industry,
demonstration projects were recently launched in Chicago, Los Angeles, and Indianapolis to
assess the long-term viability of alternative garment cleaning technologies. The shops mirror
typical neighborhood dry cleaning facilities except that they use alternative technologies
rather than chemical solvents to clean clothes. The demonstration projects are designed to
assess customer satisfaction, cost effectiveness, and performance of multi-process wet clean-
ing and machine wet cleaning technologies. A training program has also been developed at
the shops to instruct dry cleaning professionals in alternative techniques, equipment, and
quality control.
DfE Printed Wiring Board Industry Project
Printed wiring boards (PWBs) — used to electronically connect semiconductors, com-
puter chips, and all electronic components — are an irreplaceable component of the elec-
tronics, automotive, defense, and communications industries. DfE is working with the PWB
industry and other stakeholders to evaluate technology alternatives that minimize both envi-
ronmental and health risks and production costs associated with manufacturing PWBs. The
Advancing Pollution Prevention | II
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project examines the process of "making drilled holes conductive," a major step in PWB
manufacturing. Seven categories of technologies are being evaluated. We anticipate that the
alternative technologies present pollution prevention benefits through decreases in occupa-
tional exposure to toxic chemicals, reductions in the amount of hazardous waste generated,
and decreases in the amount of energy and water used. A Cleaner Technologies Substitutes
Assessment (CTSA) report is expected to be completed in early 1997 that will evaluate the
risk performance and cost of these alternative technologies.
Recent products of the PWB partnership include several documents prepared by project
participants: Printed Wiring Board Industry and Use Cluster Profile, Printed Wiring Board
Pollution Prevention and Control: Analysis of Survey Results, Federal Environmental Regulations
Affecting the Electronics Industry, and two prevention case studies (available through the Pol-
lution Prevention Information Clearinghouse, 202-260-1023). Participants are also estab-
lishing a World Wide Web site which will contain all project documents and information
about activities and upcoming events. The information generated in the project will assist
PWB manufacturers to prevent pollution by choosing to implement environmentally friendly
technologies. Industry stakeholders have actively demonstrated their support for this project
and have already realized pollution prevention benefits (e.g., reduction in water and energy
use) from the information generated by this project.
DfE Green Chemistry Challenge
As part of the Reinventing Environmental Regulations Initiative, on March 16, 1995,
President Clinton announced the Green Chemistry Challenge Program to "promote pollution
prevention and sustainability through a new Design for the Environment partnership with the
chemical industry." The Green Chemistry Challenge has
two phases. First is a recognition of accomplishments in
chemistry that have been used to achieve pollution preven-
tion goals. The Challenge will focus on the design and syn-
thesis of chemicals which incorporate pollution prevention
principles into their use and manufacture.
Second, the Challenge program will promote basic re-
search through EPA research grants and encourage indus-
trial and university collaboration to develop innovative ap-
proaches to achieve pollution prevention. The research will
help identify ways of making chemicals which reduce or
eliminate the use or generation of toxic feedstocks, by-prod-
ucts, and impurities. Alternative solvents which do not con-
tribute to air pollution will be a focus of the research, as will
chemicals with reduced potential for accidents due to ex-
plosions or fires. By changing the types of chemicals that
are used in all types of consumer an industrial projects, Green
Green Chemistry Challenge Winners
^- Monsanto Corporation, for creating a new process to
manufacture the widely used consumer pesticide "Round-Up."
^- Dow Chemical Company, for finding a replacement for
CFCs and other volatile organic compounds (VOCs) used in
manufacture of foam products.
^ Rohm and Haas Corporation, for designing its product
"Sea-Nine," a marine anti-foulant used in coating boats and
ship hulls to prevent the accumulation of marine life, as a
safer chemical.
^ Donlar Corporation, for developing polyaspartates, a new
class of polymer products that can be used in products
including fertilizer and personal hygiene products.
^ Texas A&M University, for research in using agricultural
wastes (biomass) for use in animal feed, fuels, and high
value chemicals.
12 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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EPA
Chemistry is promoting pollution prevention at the molecular level. The use of these techno-
logical developments will directly reduce the risk to human health and the environment by
reducing the hazards posed by chemicals used in manufacturing products from food packaging
to auto parts.
DfE Environmental Accounting Project
Traditional accounting practices prevent businesses from seeing the benefits of investing in
pollution prevention. Typically, environmental costs associated with particular products and
processes are placed in an overhead account that effectively hides the association from decision-
makers. The goal of the Environmental Accounting Project is to "encourage and motivate
businesses to understand the full spectrum of their environmental costs and incorporate these
into decision making". The publications and tools produced by the Environmental Account-
ing Project better enable businesses to identify and track environmental costs, make more
informed decisions, reduce costs and improve efficiency, financially justify the adoption of
pollution prevention projects, and measure and manage their environmental performance.
During 1995, OPPT published An Introduction to Environmental Accounting as a Business
Management Tool: Key Concepts and Terms. This publication describes the principles behind
environmental accounting; defines environmental accounting terms, establishes the impor-
tance of environmental accounting, and outlines some of its applications. Several hundred
copies have been distributed to industry, trade associations, and schools. AT&T is distributing
the publication at all its facilities, and Great Britain's Chartered Association of Certified Ac-
countants is reprinting it for distribution across England and throughout Europe.
Another OPPT publication, Environmental Accounting Case Studies: Green Accountingat
AT&T, describes how a major corporation is beginning to implement environmental ac-
counting practices. And, Environmental Cost Accounting for Capital Budgeting: A Benchmark
Survey of Management Accountants examines the extent to which U.S. manufacturing firms
consider environmental costs in their routine capital budgeting projects. All Environmental
Accounting Project documents are available from the Pollution Prevention Information Clear-
inghouse at 202-260-1023, or via the Internet on Enviro$en$e.
The Environmental Accounting Project also funded a one-day workshop in October
in EPA Region 10 for industry and state technical assistance providers. The workshop
provided educational panels on environmental accounting concepts and business imple-
mentation experiences.
DfE Pollution Prevention Finance Project
Many pollution prevention projects flounder because of the difficulties of obtaining
financing. The goals of the Pollution Prevention Finance Project are to: (1) enhance the
ability of small and mid-sized businesses to obtain financing to implement existing pollution
prevention technologies, processes, or procedures; (2) augment the flow of investment capi-
tal for small and mid-sized businesses to develop new prevention-oriented technologies or
Advancing Pollution Prevention | 13
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For information or to
order materials, contact:
NPPC, 430 E. University.Ann
Arbor,Ml 48109-1115;tel:
(313) 764-1412; fax: (313)
936-2195; E-mail: NPPC@
umich.edu. Its home page on
the World Wide Web can be
accessed at: http://www.
snre.umich.edu/nppc/
products; and 3) utilize the financial community's influence with its commercial and invest-
ment client base to promote environmentally-aware, prevention-oriented business practices.
OPPT helped fund a Credit Assistance Pilot Project through the Maryland Department
of the Environment. This pilot project was conducted to learn first-hand the types of barri-
ers facing small businesses such as dry cleaners, in obtaining financing for the purchase of
pollution prevention equipment. The project concluded that an active outreach effort which
involves the financial as well as the target regulated communities can significantly increase
the chances that pollution prevention technologies will be adopted for regulatory compli-
ance purposes.
In conjunction with the Environmental Finance Center at California State University at
Hayward, OPPT provided a forum for bankers to discuss the types of environmental infor-
mation that would be useful for them in post-loan monitoring in order to reduce their
exposure to environmental liability.
DfE Environmental Insurance and Risk Management Project
Environmental liability reduction is important for both the environmental insurance
and risk management industries. The goal of the Environmental Insurance and Risk Man-
agement Project is to reach out to these industries so that they can become partners in
promoting pollution prevention as an effective method for companies to reduce their envi-
ronmental liabilities. For example, we have been working with the American Institute for
Chartered Property Casualty Underwriters (AICPCU), the industry's education and certifi-
cation organization, to incorporate environmental insurance issues into their curriculum.
In June 1995, a focus group of insurance and risk management industry professionals
convened to discuss how pollution prevention might be incorporated into their industries,
and the role EPA should play in promoting the concept. A summary of the focus group's
discussion and recommendations published in September 1995, identified several things
from this group, including that: (1) Superfund liability is still a major concern for the insur-
ance industry; (2) many firms see the potential for using pollution prevention advice to gain
a competitive advantage; and (3) actuarial data on the effects of pollution prevention will be
needed to convince the industry of the true value of pollution prevention.
DfE National Pollution Prevention Center for Higher Education (NPPC)
The National Pollution Prevention Center for Higher Education (NPPC) was founded
at the University of Michigan in 1991 to collect, develop, and disseminate educational ma-
terials on pollution prevention. With grant support from OPPT, NPPC operates through
partnerships of academia, industry, government, and non-governmental organizations.
NPPC's materials (including resource lists, annotated bibliographies, problem sets, case studies,
teaching notes, syllabi, and videos) cover a variety of disciplines, such as accounting, busi-
ness law, chemical and industrial engineering, environmental studies, operations research,
and industrial ecology.
14 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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This initiative is helping to provide valuable training for future professionals who can
indoctrinate source reduction principles into our nation's businesses and industries so pollu-
tion prevention becomes an integral part of doing business. In FY 1995, NPPC worked to
expand the materials available to disciplines such as architecture, chemistry, materials and
logistics management, and sustainable agriculture. NPCC also increased its outreach efforts
to inform other colleges and universities, as well as the general public, about the pollution
prevention materials available.
INTEGRATING THE POLLUTION
PREVENTION PHILOSOPHY
SOURCE REDUCTION REVIEW PROJECT (SRRP)
OPPT manages the Source Reduction Review Project (SRRP), an internal EPA initia-
tive which aims to incorporate a multi-media, pollution prevention approach into the
rulemaking process for key air, water, and solid waste rules. SRRP represents one of the first
systematic efforts to change how EPA's environmental media programs develop their regula-
tions. Through SRRP, OPPT assists media programs in conducting a detailed examination
of the opportunities for, and obstacles to, using multi-media pollution prevention approaches.
In the process, the media programs collect more pollution prevention data, add technical
and economic analyses of pollution prevention options and technologies, and otherwise
engage in more cross-media analysis than in rulemakings prior to SRRP.
An assessment of the lessons to be drawn from the SRRP was prepared in early 1996.
In general, SRRP demonstrates how EPA can incorporate the flexibility industry seeks (to
experiment, meet diverse needs, etc.) in writing environmental standards, while still main-
taining the conformity that inspectors need to measure performance. SRRP's experience
with consulting stakeholders from industry, environmental groups, and the states prior to
beginning a rulemaking process helped identify potential barriers to pollution prevention.
SRRP thus provided an early indication of how regulatory actions can be compatible with
the Agency's new initiatives such as the Common Sense Initiative and the Permit Im-
provement Team, which take a multi-media approach to environmental protection.
ENVIRONMENTALLY PREFERABLE PRODUCTS
EPA is directed by [Section 503] of Executive Order [12873] ("Federal Acquisition,
Recycling and Waste Prevention"), to develop an approach for federal acquisition of envi-
ronmentally preferable products that not only minimizes environmental burden, but also
provides incentives to industry to continuously improve the environmental performance
of products and services to the federal government. OPPT has taken the lead on this
project within EPA. Ideally, the approach will guide executive agencies in comparing envi-
Advancing Pollution Prevention | 15
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Pollution prevention means source
reduction —preventing or reducing
waste at the source — and other
practices that reduce or eliminate the
creation of pollutants through
increased efficiency in the use of raw
materials, energy, water, or other
resources, and protection of natural
resources through conservation.
ronmental performance among competing products and services, so that environmental
impact becomes a criterion like cost or performance against which federal agencies select
products or services.
EPA requested public comments on compiling a general guidance document on
environmentally preferable products as well as guidance for specific product categories.
EPA meetings with stakeholders provided additional opportunity for
public feedback on how EPA should proceed in developing the gen-
eral guidance.
ISO 14000
OPPT leads an Agency task force, called the EPA Standards Net-
work, that coordinates EPA's participation in the International Standard-
ization Organization (ISO) process for the development of voluntary en-
vironmental management standards. This effort, also known as ISO
14000, is anticipated to have a significant impact on business and indus-
try in over 120 countries. The ISO 14000 environmental management
standards have the potential to improve an organization's environmental
performance through systemized approaches and consistent measures or
techniques. Potential benefits for both the private and public sectors in-
clude: pollution prevention, environmental improvement and increased
community confidence. The ISO 14000 series include standards for en-
vironmental management systems, environmental auditing, eco-labeling,
life cycle assessment, environmental performance evaluation and envi-
ronmental aspects in product standards.
The EPA Standards Network ensures that U.S. environmental poli-
cies and interests are accurately represented in the standard development process. Through
the Network, the Agency is evaluating how these standards complement existing environ-
mental regulations and voluntary initiatives to achieve improved environmental protection
in a cost-effective manner. In addition, OPPT is exploring the use and impact of the ISO
eco-labeling standard in conjunction with EPA's Consumer Labeling Initiative. Some of the
most important ISO standards in the series are completed and will be published documents
by the end of 1996.
OPPT awarded grants to inform the regulated community and the public about ISO
14000 and to encourage participation in the process. OPPT has developed several fact sheets
("The Role of Voluntary Standards in the U.S. Government," and "ISO 14000: Environ-
mental Management Standards") that provide information about this international effort.
To obtain information on this initiative call the Pollution Prevention Information Clearing-
house at 202-260-1023.
16 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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SUPPORTING POLLUTION
PREVENTION INITIATIVES
POLLUTION PREVENTION INCENTIVES FOR STATES (PPIS) GRANTS
The Pollution Prevention Incentives for States (PPIS) grant program fosters the creation
of new prevention approaches by states and the development of cross-media state and tribal
pollution prevention programs. Specifically, these grants fund projects in the areas of techni-
cal assistance and training, education and outreach, regulatory integration, demonstration
projects, legislation and infrastructure activities, and awards and recognition. EPA designed
PPIS as a state-based program because state-based environmental organizations can make a
unique contribution to the national effort to promote pollution prevention through closer,
more direct contact with industry and their heightened awareness of local needs. The PPIS
grant program demonstrates how pollution prevention can play a central role in reducing
risk to human health and the environment, while also being the most cost-effective option
because it reduces raw material losses, the need for expensive "end-of-pipe" technologies and
long-term liability.
Approximately $6 million for PPIS was awarded by EPA's Regional Offices in FY 1995
to fund 73 projects. An example is the grant received by the Rhode Island Narragansett Bay
Commission which will be used to train personnel in Rhode Island's small business commu-
nity (primarily metal finishing) and publicly owned treatment works in source reduction
and pollution prevention techniques and technologies.
ENVIRONMENTAL JUSTICETHROUGH POLLUTION PREVENTION GRANTS
Another OPPT-led initiative to prevent pollution merges three of the Agency's highest
priorities — pollution prevention, environmental justice, and community-based environ-
mental protection in the "Environmental Justice through Pollution Prevention" grant pro-
gram (or EJP2 grants). Environmental justice is defined as the fair treatment of all races,
cultures, incomes, and educational levels with respect to the development, implementation,
and enforcement of environmental laws, regulations, and policies. The EJP2 grant program
demonstrates how pollution prevention can play a central role in reducing environmental
risks, promoting corporate/public partnerships, and economically benefitting communities.
In FY 1995, EPA's Regional Offices awarded over 70 EJP2 grants to community groups
and local government organizations in economically disadvantaged and minority communi-
ties. The grants will fund initiatives such as public education, training, demonstration projects,
research, surveys, studies, public-private partnerships, technologies, revolving funds, and
efforts to utilize non-regulatory strategies. Examples of EJP2 projects include:
^ working with small businesses in the Boston neighborhoods of
Roxbury and Bowdoin to reduce pollution releases;
Advancing Pollution Prevention I 17
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^ providing training on information access, pollution prevention
planning, and hazardous material reduction to the Shoshone and
Northern Arapaho tribes in Wyoming; and
^- providing development loan funds to minority-owned businesses
who cannot otherwise afford to install pollution prevention
technology in Washington State.
POLLUTION PREVENTION TRADE ASSOCIATION WORKGROUP
In November 1994, OPPT held a major meeting with trade associations to focus, for the
first time, on the role those associations play in the promotion of pollution prevention and the
environmental management of chemicals. OPPT sponsorship of this meeting signaled our
recognition that trade associations, which represent a large number of companies, are playing a
growing role in communicating and advancing environmental goals of the nation. Trade asso-
ciations are often the only way we can reach small businesses who do not have on-staff techni-
cal consultants or government relations staff. This meeting also represented OPPT's effort to
shift more of its focus from chemical manufacturers to chemical users.
As a result of the initial meeting, OPPT formed a "Pollution Prevention (P2) Trade
Association Workgroup" who identified (at their May 1, 1995 meeting ) three areas to con-
centrate on: (1) providing technical resources and information; (2) maintaining consistent
support for pollution prevention from EPA; and (3) holding a workshop to implement the
first two agenda items. This workgroup, which continues to meet periodically, provides fer-
tile ground for a dynamic and constructive dialogue between EPA and industry. Since envi-
ronmental progress requires industry-specific knowledge and the ability to combine the re-
sources of companies to address industry-wide concerns, the work of trade associations will
be crucial to advance environmental protection. Both EPA and industry realize that we are
beginning to reach the limits of results achieved through traditional command-and-control
approach to environmental protection. To meet this challenge, the P2 Trade Association
Workgroup is one example of a more effective approach to addressing environmental con-
cerns, where industry associations and their member companies take responsibility for iden-
tifying environmental concerns of their industry, prioritize these concerns, and systemati-
cally work to develop and implement pollution prevention and risk management plans that
address these concerns. EPA, in partnership with the associations, can use its resources to
focus on areas where the most help is needed, as well as play a role in helping associations set
credible national goals and measures of progress.
18 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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2.
Reducing Risk to the Public from
Chemicals: Promoting Safer Chemicals,
Processes, and Technologies
I he Office of Pollution Prevention and Toxics (OPPT) is in the unique position of being
able to both identify chemicals that are or could be hazardous to the environment and the
health and safety of the public, and to use a variety of methods to tackle the management of
these chemical risks. The chemical information gathered, evaluated and distributed by the
new and existing chemicals programs is the basis for much of the work within the office.
Through a combination of regulatory and partnership efforts, OPPT can point to successes
of pollution prevention, reduction of risk, environmental justice and a greater understand-
ing of chemicals and processes and their impact on the environment and public health.
OPPT has been working on an agenda to systematically address the most serious risks
associated with chemicals on the Toxics Substances Control Act (TSCA) Inventory. This
effort will further reduce exposure of the population to harmful chemicals. The office has
moved forward to meet this challenge through a variety of information gathering, testing
and risk management activities. For chemicals already in commerce, we have begun examin-
ing clusters of related chemicals, rather than single chemicals, in evaluating alternative prod-
ucts and processes. We are also encouraging industries to shift to products and processes that
are safer and more effective.
All new chemicals introduced into commerce must first go through review and evalua-
tion by OPPT before production or importation can commence. This is the only opportu-
nity the government, at any level, has for reviewing an industrial chemical prior to its entry
into commerce. Therefore, it is the ultimate in prevention. Not only is this a powerful pollu-
tion deterrent and public health and environmental quality safeguard but also an avenue for
the swift introduction of safer alternatives into the market place. This pre-manufacture re-
view also extends to new genetically engineered organisms. Biotechnology, a new area of
scientific interest and commercial activity, is developing and expanding rapidly. The evalua-
tion process significantly reduces the possibility that harmful genetically engineered organ-
isms could be released into the environment and also allows for the introduction of environ-
mentally preferable alternatives to hazardous chemicals.
The chemical information obtained and assessed by the new and existing chemicals
programs benefits a variety of internal and external customers. These programs provide the
foundation for pollution prevention efforts such as the Design for the Environment (DfE),
Promoting Safer Chemicals, Processes, and Technologies | 19
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and Green Chemistry programs, all of which encourage and assist industry in moving away
from chemicals and processes that are harmful to our health and ecosystems. Over the years,
OPPT has developed evaluation procedures and models which are used not only by this
office and within the Agency, but also by the international community. OPPT is a leader in
the identification and reduction of risks from chemicals, and is working with States, local
communities, industry, Federal agencies and other interested and concerned partners, in-
cluding some in the international community, to ensure improved health and safety for
workers and better environmental protection.
This chapter explains how we gather existing data on chemicals; develop new data on
chemicals; manage the risks of chemicals already in the market place; and evaluate new
chemicals before their introduction into commerce. It also explains how these activities and
our 1995 accomplishments promote the use of safer chemicals, processes, and technologies.
While we have chosen to discuss accomplishments of the existing and new chemicals in
the context of "promoting safer chemicals, processes and technologies," it is important to
note that these programs considerably support and nurture the other guiding principles of
the Office as well: advocate pollution prevention; promote life cycle management of major
chemicals of concern; promote public understanding. We highlighted a few examples in the
corresponding chapters to show this effort. However, for this report, we chose to mainly
focus these programs within the context of safer chemicals, processes and technologies as the
pillar for pollution prevention, risk management, and right to know.
GATHERING DATA
TSCA CHEMICAL INVENTORY
One of the tools available to OPPT in its endeavor to reduce exposure to hazardous
chemicals is the Toxic Substances Control Act (TSCA). TSCA gives EPA broad authority to
protect human health and the environment from the risks of toxic substances through re-
quests for information, testing requirements, and controls on chemical production and com-
mercial distribution. With this authority, OPPT maintains and updates the TSCA Chemical
Substances Inventory of approximately 70,000 existing chemicals commercially produced
or imported into the U.S. The most recent data were collected in early FY95. This ongoing
collection of vital information serves to keep EPA informed of changes in the production of
chemicals and is routinely used in prioritizing OPPT's chemical screening and regulatory
programs. Other EPA offices, federal agencies, and the states have also benefitted from these
data for chemical management activities. This exchange of information augments our inter-
nal efforts, increasing environmental protection activities at all levels of government.
Based on years of experience with chemical screening, OPPT has narrowed its focus for
testing or risk management to 15,000 chemicals, with a primary emphasis on 3,000-4,000
20 | Annual Report of the Office of Pollution Prevention and Toxics, FY I99S
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high volume chemicals. The remaining 55,000 of the 70,000 existing chemicals listed on the
TSCA Chemical Substances Inventory are not currently priorities for screening or investiga-
tion. These are chemicals that are produced in low quantities (less than 10,000 pounds per
year) or polymers which, because of their chemical make-up, are not generally considered
likely to present a significant risk to health or the environment. While progress has been
made, there are still many chemicals on the Inventory that need to be assessed. As described
below, OPPT focused its efforts in FY95 on a subset of chemicals of concern to receive the
greatest benefit in our risk management efforts.
OPPT uses TSCA and non-regulatory tools to collect data needed to identify, assess,
manage, and reduce actual or potential risks posed by exposure to existing chemical sub-
stances, and to help OPPT carry out its chemical testing responsibilities. TSCA Sections 8,
12, and 13 give EPA broad authority to issue rules requiring manufacturers (including
importers) and processors of chemical substances to maintain records and/or report cer-
tain chemical and exposure information. In FY95, we processed approximately 3,800
section 8(e) "substantial risk" information submissions and conducted initial screening
on approximately 9,000 section 8(e) submissions. EPA considers section 8(e) of TSCA
to be a critically important information gathering tool that serves as an "early warning"
mechanism for keeping EPA and others apprised of new-found serious chemical hazards
and/or exposures.
In addition to the regulatory mechanisms, OPPT has initiated a number of voluntary
and combined regulatory and voluntary actions to gather key chemical information. By
working with industry, EPA has obtained additional data without issuing regulations. All of
this information is extremely valuable in helping OPPT carry out its chemical testing man-
date and risk identification efforts. OPPT is not the only organization to employ the data it
collects and analyzes— the information is also pertinent for hazard/risk assessment activities
within other EPA offices and outside EPA, domestically and internationally. As in the case
with Toxics Release Inventory (TRI) information, governments, businesses, academia and
the public rely on this information to make informed decisions to protect human health and
the environment.
CHEMICAL USE INVENTORY
While we have learned much from the data gathered to date, there are still many ques-
tions and concerns about hazards and exposure that need to be addressed more fully. OPPT
is contemplating an amendment to the TSCA Inventory Update Rule, known as the Chemi-
cal Use Inventory (CUI), to collect additional data related to the uses and potential expo-
sures of chemicals in commerce. Specifically, OPPT is interested in gathering basic informa-
tion on the industrial and consumer end uses of chemicals in commerce, as well as other
exposure related data, such as the number of workers at manufacturing sites potentially
exposed to a specific chemical. OPPT has held numerous meetings with a variety of stake-
holders in FY 95 to discuss the value of proceeding with CUI.
Promoting Safer Chemicals, Processes, and Technologies | 21
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Information collected through the GUI would assist EPA, state and local governments,
and the private sector to establish realistic priorities and goals for chemical assessment, risk
management, and prevention programs. Thousands of facilities, chemical uses, and expo-
sure scenarios make screening and assessment of chemical risk an extraordinarily difficult
task. OPPT would target several thousand chemicals through the GUI and would use the
data to allocate resources to areas of highest risk. Given the potential value of this project,
OPPT staff continued in FY95 to work with our customers to develop a GUI that will meet
their needs as well as EPA's.
DATA GATHERING INITIATIVES
Throughout FY 1995, OPPT worked on a number of data gathering initiatives that not
only augmented already available chemical information but also strived to reduce burden on
industry. The following is a discussion of just a few of these important efforts.
OPPT synthesized input from a number of sources to prioritize its testing activities; one
contribution to this priority setting process is the chemicals recommended by the TSCA
Interagency Testing Committee (ITC), a group established under TSCA Section 4(e) and
comprised of members appointed by Federal public health and environmental agencies.
TSCA Section 8 rules were issued in November 1994 and July 1995 to gather data on
chemicals identified by the ITC. These rules will provide the ITC with current production
and exposure information and any unpublished health effects studies, so that the ITC can
determine the testing needs for the subject chemicals. This is an example of one way OPPT,
in 1995, addressed the Federal government's chemical data needs.
In a reinventing government context, further TSCA Section 8(d) reporting for 234 chemi-
cals was determined to no longer be necessary, and, in September 1995, we terminated
certain reporting requirements for this set of substances. The deletion of the chemicals will
greatly reduce the overall industry reporting burden under this rule. We estimate that hun-
dreds of companies will benefit from this action.
OPPT further reduced the regulatory burden on industry by deleting the TSCA Section
8(a) Comprehensive Assessment Information Rule (CAIR) in June 1995. CAIR was issued
in late 1988 to obtain a wide range of information from chemical manufacturers and proces-
sors that would support chemical exposure/risk assessment. Despite its 100- page reporting
form, the CAIR was designed and intended to be used selectively, i.e., only for specific types
of information on certain designated chemicals. In the spirit of reinventing government,
OPPT concluded that ongoing voluntary efforts with the Chemical Manufacturers Associa-
tion and the Synthetic Organic Chemical Manufacturers Association, and others, can pro-
vide useful exposure information via a less burdensome process.
22 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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DEVELOPING DATA (Testing Chemicals)
MASTERTESTING LIST
The Master Testing List (MTL) establishes a clear agenda of priority testing needs iden-
tified by EPA, other Federal agencies, the ITC and the international community. The MTL
also allows OPPT to focus its resources on the highest priority testing needs and to encour-
age chemical industry initiatives to conduct testing to address and fill the priority data needs
identified on the MTL. In addition, the office uses the MTL to keep the public informed
about OPPT's testing priorities and to solicit public input into OPPT's chemical testing
program. The MTL currently contains more than 10 categories and 500 specific chemicals.
Virtually all of these chemicals/categories are currently active in testing or testing action
development.
OPPT obtains testing information on chemicals through voluntary agreements, En-
forceable Consent Agreements (EGAs) and by issuing test rules under TSCA Section 4. In
FY95, OPPT continued to encourage more voluntary agreements, and used the MTL to
inform industry of the priority testing needs so they can take the initiative. For example, the
office established an "open season" which allowed companies to indicate their interest in
pursuing Enforceable Consent Agreements (EGAs) to address some of these testing needs.
The results from these testing efforts will assist EPA and industry in identifying chemicals of
concern to workers and consumers.
TESTING ACTIONS
OPPT develops, receives, evaluates and monitors testing efforts that result from both
voluntary agreements with industry and the issuance of test rules or EGAs. Testing and the
evaluation of test data is often a prolonged process that requires persistence and patience
to fully understand the hazards and risks associated with a chemical. One of the key themes
for improving environmental protection is basing Agency decisions on strong science and
sound data. Science helps the Agency understand the processes and practices that cause
pollution, evaluate the risks that pollution poses to humans and ecosystem and develop
technologies and policies to prevent or mitigate risks, and develop safer chemicals. The
OPPT testing program plays an important role in obtaining high quality information for
the Agency's risk assessment and risk reduction activities by obtaining information on
exposure, human health effects, environmental effects and the transport and transforma-
tion of chemicals in the environment.
Many of the recent voluntary and negotiated testing programs have included Product
Stewardship Agreements encompassing worker protection, risk communication, environ-
mental justice, pollution prevention, waste minimization and other risk reduction activities
as well as testing. These additions to agreed upon testing programs directly result in safer
chemicals, processes and technology sooner than that which would have resulted from for-
Promoting Safer Chemicals, Processes, and Technologies | 23
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mal EPA risk assessment and follow-up risk reduction actions. Following are significant
examples of agreements and testing rules by OPPT or test data under evaluation in FY 1995.
Voluntary Agreements
Siloxanes
In FY95, OPPT began negotiations with a major manufacturer of siloxanes to agree to
voluntarily conduct animal toxicity testing and exposure monitoring programs. Siloxanes
are used in a number of consumer products such as antiperspirants and deodorants, hair/
skin care products and cosmetics. The chemicals are also used as chemical intermediates in
the manufacture of silicone gums, rubbers and polymers. The negotiations led to a signed
formal Memorandum Of Understanding (MOU) in 1996 for a voluntary comprehensive
global product stewardship/testing program. The testing information will allow OPPT to
better assess the potential risks posed by siloxanes to workers and consumers; the product
stewardship effort by the manufacturer will also focus on worker/consumer communication
and safety training, and exposure reduction activities. By working with the manufacturer on
a voluntary program, instead of a more time intensive test rule, we were able to start the
testing process quicker and incorporate immediate risk reduction actions into the
manufacturer's standard operating procedures.
Formaldehyde
Another tool for obtaining testing data begun in FY95 is the Cooperative Research and
Development Agreement (CRDA) with the National Particleboard Association for a pilot
study of formaldehyde exposure testing in newly-constructed single family housing. Under
the CRDA, EPA and industry worked together cooperatively on the pilot study, with EPA
providing some resources and its technical expertise in conducting field exposure studies,
and industry providing the resources and related testing services. Not only will the results
from this study be important for resolving significant technical issues, but it provides us with
a new partnership tool with industry for improving our understanding of risks to human
health and ecosystems.
Oxygenated Fuel Additives
Methyl tetiary-butyl ether (MTBE) is the major oxyfuel additive now in U.S. commerce
and is often added in the colder months to gasoline used for automobiles. There are a variety
of oxyfuel additives which are being developed. Ethyl t-butyl ether (ETBE) is a new oxygen-
ated fuel additive which could have direct health impacts on consumers who purchase gaso-
line. In the fall of 1995, a manufacturer agreed to conduct voluntary health effects testing on
ETBE and to provide these data to EPA for review. The test data on ETBE will not only
support OPPT's risk identification efforts, but will also be used by EPA's Office of Air and
Radiation (OAR) as they continue to evaluate oxygenated fuel additives. During 1995, OPPT
24 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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also contributed to the development, with OAR and the Office of Research and Develop-
ment, of an overall Agency testing strategy for the oxygenated fuel additives.
Enforceable Consent Agreements (ECA)
Dermal Absorption Rate
During FY95, OPPT also used TSCA Section 4 to pursue development of an ECA to
obtain dermal absorption rate test data on about 80 chemicals. Not only will the data ob-
tained via this testing action be useful to EPA, but the U.S. Occupational Safety and Health
Administration (OSHA) needs these data for its chemical assessment/management activi-
ties. Through cooperative efforts like this, the Federal government can more effectively and
efficiently protect the health and safety of workers and others.
TAME
OPPT issued an ECA on tertiary-amyl methyl ether (TAME) which may be used in the
future in large amounts as a gasoline additive to enhance octane and reduce CO emissions.
These test data will allow a comparison of MTBE and TAME toxicities, including the po-
tential health impacts to gas purchasing consumers, and help gasoline formulators select the
safer substance.
Cyclohexane
Cyclohexane is another example of a chemical for which an ECA was issued in FY95.
Cyclohexane is a high production and high release chemical used both as an industrial inter-
mediate in the production of nylon and as a solvent. While we don't have much data on this
chemical, this high level of exposure prompted evaluation of potential health and environ-
mental concerns. The ECA includes a number of testing requirements, although a more
comprehensive toxicology testing program is on hold while the manufacturers try to reduce
exposure levels. A unique feature of these negotiations is that the manufacturers have taken
the unusual step of committing to work with their customers, industries that use cyclohex-
ane to develop nylon products, to reduce the amounts of Cyclohexane which they release to
the environment based on the Toxics Release Inventory (TRI).
DGEBPA
OPPT's ongoing efforts to expand the overall use of its chemical testing program to
achieve documentable progress by the industry in pollution prevention, waste minimiza-
tion, risk communication and risk reduction can be exemplified by the ECA and companion
Memorandum of Understanding (MOU) for the diglycidyl ether of bisphenol A (DGEBPA).
This chemical is a high production volume epoxy compound used in a variety of both indus-
trial and consumer applications such as coatings and strong adhesives. One of the original
concerns with this chemical was a potential for cancer in exposed individuals. In addition to
the ECA testing program, 3 DGEBPA manufacturers agreed to initiate a comprehensive
Promoting Safer Chemicals, Processes, and Technologies | 25
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product stewardship program that includes comprehensive worker/consumer communica-
tion, safety training, product labels and literature revisions, exposure reduction activities and
periodic progress reports to the Agency. Risk reduction can be accomplished much more
quickly when we work in partnership with industry to address chemicals of concern such as
DGEBPA.
RCF
In FY95, OPPT monitored the test data from a number of EGAs issued in previous
years but for which the testing is still ongoing, such as refractory ceramic fiber (RCF). Indus-
try agreed to workplace exposure monitoring studies in a 1993 EGA and developed a prod-
uct stewardship program designed to evaluate, control and reduce workplace exposure to
RCF. While the testing process can take years, it is important for OPPT to continually
receive and monitor the data for health effects as we pursue risk reduction for workers and
the public. In addition, the strides made by industry and OPPT to work together is a signifi-
cant step toward risk reduction for many chemicals, such as RCF, a fiber shown to be carci-
nogenic in animal studies.
Test Rules
In FY 1995, we developed proposed test rules that would require testing for 9 sub-
stances for developmental and reproductive effects, and testing 21 substances identified as
Hazardous Air Pollutants (HAPs) under the Clean Air Act. The data from these test rules are
important because they will provide the Agency with vital information for further assessing
the impacts of these chemicals on the environment and public health.
OPPT conducted timely assessments of data coming into EPA from a number of ongo-
ing testing efforts. For example, we continue to assess data coming in under the TSCA
Section 4 Dioxin/Furan test rule. This particular rule was issued because of the hazards
posed by exposure to chlorinated and brominated dioxin/furan impurities that may be in
some commercial chemicals. This test rule helps to identify which chemical processes pro-
duce high and which produce low amounts of these toxic byproducts and thus help lead to
industry's adoption of safer technologies.
Chloranil is an industrial intermediate used in tire manufacturing and in the production
of dyes and pigments. Based on initial screening and test data from an earlier test rule, risk
assessments for workers using chloranil indicated significant cancer risks, mainly due to the
high dioxin concentrations found in the chemical. In its risk management effort, EPA devel-
oped a multi-pronged strategy for achieving a complete industry-wide switch from high
dioxin contaminated chloranil to low dioxin chloranil. While this is occurring, OPPT con-
tinues to monitor testing done by industry on chloranil.
OPPT will continue to develop testing actions by utilizing a mix of TSCA section 4 test
rules, negotiated enforceable consent agreements and voluntary testing agreements. There
appears to be an increased willingness on the part of many U.S. chemical companies to
26 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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conduct needed toxicological testing on the substances that they produce, import and pro-
cess and to establish voluntary product stewardship programs for those chemicals. Our con-
tinued use of EGAs and voluntary testing agreements offers an increased role for voluntary
pollution prevention and risk reduction measures as an offset to some testing by industry.
Efforts are underway to improve public access to testing and other data submitted to OPPT
as part of the existing chemicals and testing programs, and will be discussed in Chapter 4 of
this report.
SCREENING INFORMATION DATA SET PROGRAM
OPPT also engages in international voluntary testing efforts to improve our understanding
of chemicals and to reduce the number screening and testing actions required by EPA and
U.S. industry. OPPT is working cooperatively with the Screening Information Data Set
(SIDS) Program, a voluntary testing program operated under the auspices of the Organiza-
tion for Economic Cooperation and Development (OECD), to "share the testing burden"
on an international basis. SIDS focuses on developing base level test information on a set of
over 1,000 international HPV chemicals. The SIDS data, which include basic chemical
properties, environmental fate, environmental effects and health effects, are used to screen
the chemicals and set priorities for further testing or risk assessment/management activities.
Completed human health and environmental assessments are published in the United Na-
tions' International Register of Potentially Toxic Chemicals.
In FY95, OPPT continued to participate in the SIDS Program, saving time and re-
sources, as three quarters of the assessments are conducted by other countries. In addition,
U.S. industry voluntarily provides the cost of testing when necessary, and prepares the as-
sessment reports for U.S.-sponsored chemicals. The SIDS Program complements OPPT's
Chemical Testing Program, saving resources in negotiating testing agreements and conduct-
ing assessments. Also, during FY95, the SIDS Program made information available to other
countries that do not have the resources to conduct the assessments. Sharing this informa-
tion moves the world closer to a potentially greater level of environmental protection and
worker safety.
MANAGING RISKS
RISK MANAGEMENT STRATEGY
In order to protect human health and the environment, the Office has developed a
strategy to identify, and then analyze, the chemicals that may pose risks to the nation. In
FY95, OPPT screened approximately 600 chemicals. The risk management portion of the
existing chemicals program is divided into RM1, RM2 and Post RM2 stages. Risk Manage-
ment 1 (RM1), the first component, is designed to screen and select those chemicals likely
Promoting Safer Chemicals, Processes, and Technologies | 27
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to be of greatest concern to human health and the environment. This stage generally takes 6
months. A total of 112 chemicals completed this first phase of the risk management process
(RM1), and, given this stage typically takes 6 months to complete, an additional 8 entered
RM1 and continued in the review process into FY96.
RM2 is the next step and takes approximately 12-24 months to complete. Here chemi-
cals identified in RM1 are investigated and analyzed, and options are framed for reducing or
eliminating the risk they pose. During FY95 the office completed 3 RM2 reviews. This
brings the total to 23 comprehensive reviews since 1993. In addition to "completed" RM2
reviews, a half dozen chemical specific, use cluster activities and site specific efforts were
underway in 1995. Several of the risk management actions involved information distribu-
tion and public understanding. A few cases that highlight these type of right to know efforts
in FY95 are described in Chapter 4 of this report. In Post-RM2, which can range between 3
months and 2 years, OPPT implements one or more risk reduction actions recommended in
RM2. Overall, these numbers represent a trend of a substantial increase in the number of
chemicals reviewed and results achieved since the office shifted to the RM process in 1991.
In real terms, this means we are able to manage and reduce actual and potential risks posed
by exposure to existing chemicals more expeditiously and effectively.
RISK MANAGEMENT INITIATIVES
The following cases exemplify how OPPT has become creative in using a variety of tools
such as community empowerment, government partnerships, voluntary agreements with
industry, product stewardship, information products and outreach, pollution prevention,
and goal setting, to promote safer chemicals, processes, and technologies.
Benzidine Dyes
EPA is concerned about the risk of bladder cancer to workers manufacturing or using
benzidine-congener dyes. By spring 1995, OPPT had secured a voluntary commitment from
the manufacturers of these dyes to sell them only in short containers. As a result, we expect
a significant decrease of exposure to workers since the smaller containers will limit the po-
tential for workers to inhale the dyes. We are currently negotiating with the few remaining
distributors of these dyes, in an effort to encourage them to cease production and sale alto-
gether, or to adopt the use of exposure controls through the use of safer technologies.
Paint Stripping Use Cluster
Nearly all chemicals in paint strippers are dangerous if used improperly. EPA looked at
this use cluster to provide useable information to consumers. A voluntary partnership agree-
ment has been reached with industry to improve customer information on proper handling
of these products and on the hazards associated with them. A technical assessment occurring
in FY95, and the subsequent findings document scheduled for completion in FY96, will
provide key hazard and handling data for product labels and information. This effort is a
28 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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good example of how the use cluster cases consider one use of chemicals and examines all the
chemicals that might be used for that product, and provides information to consumers in a
meaningful way.
GSA Cleaners
The General Services Administration (GSA) is the largest purchaser and user of cleaning
products, and is one of, if not the, largest employer of cleaning workers. In fall 1995, OPPT
completed a project which collected information on safer substitutes for 19 cleaning prod-
ucts. The information helped GSA determine how to purchase and use environmentally
preferable cleaning products in federal buildings, thereby reducing potential risks to thou-
sands of cleaning staff, diminishing the negative impacts on the environment during the use
and disposal of these products, and increasing the market demand for safer products.
Land Application of Pulp and Paper Mill Sludge
This project, completed in April 1994, illustrates OPPT's creative use of its regulatory
authority to foster safer production processes through voluntary agreements, without im-
posing costly and time-consuming regulations. Sludge discharged from pulp and paper mills
has historically been contaminated with highly toxic chlorinated dioxin generated during
the bleaching process. Application of this sludge to land therefore poses significant risk of
exposure to dioxin. If the dioxin risk is managed, however, sludge is a good soil supplement
that retains moisture and controls erosion; it has often been used to help restore abandoned
strip mining lands.
We negotiated a voluntary agreement with the American Forest and Paper Association
(AFPA) and several individual pulp and paper mills. As a result of this process, participating
mills must limit the land application of sludge contaminated with dioxins. Dioxin causes a
variety of human health effects including effects on the immune and reproductive systems and
cancer. Under the negotiated agreement: 1) Mills will monitor their sludge for dioxins; 2)
Sludge with high levels of dioxin contamination will not be applied to land at all; 3) Applica-
tion rates for sludge with lower levels of dioxin will be limited; 4) Mills will also observe agreed
upon management practices at land application sites; 5) Mills will limit the distribution and
marketing of sludge; and 6) Mills will keep records and submit reports to EPA.
The Agency is currently reconsidering its dioxin risk assessment and OPPT, in the mean-
time, is monitoring participation in, and the success of, the voluntary agreements. While the
ultimate need for regulation will depend on both factors, to date significant risk reduction
achievements have already been realized for those communities surrounding these mills.
EXPOSURE GUIDELINE LEVELS
OPPT also uses tools to promote safer chemicals, processes, and technologies. In FY
1995, OPPT completed the design of a cooperative public and private sector program to
develop short-term exposure guidelines for highly toxic chemicals. Such guidelines are an
Promoting Safer Chemicals, Processes, and Technologies | 29
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essential element of planning by industry and state and local governments to prevent and
respond to emergencies resulting from chemical accidents. The current variety of exposure
guidelines, established by various bodies using different criteria, complicates emergency plan-
ning, is underprotective, and imposes unnecessary costs.
Under the new cooperative program, OPPT will establish a National Advisory Com-
mittee for Acute Exposure Guidelines Levels for Hazardous Substances (AEGL Committee)
to develop exposure guidelines using uniform criteria developed by the National Academy of
Sciences. This cooperative effort, in keeping with the theme of reinventing government,
should promote uniformity, efficiency, and cost effectiveness. In developing the concept of
the AEGL Committee, OPPT solicited the support of other relevant federal agencies and
private sector stakeholders.
STRUCTURE ACTIVITY TEAM
As in previous years, OPPT's Structure Activity Team (SAT), a group of in-house expert
scientists who evaluate the potential health and environmental hazards of new and existing
chemicals, was essential to the assessment of potential hazards, prioritization of large sets of
chemicals and the identification of chemicals for which there are minimal hazard concerns..
In addition to the work accomplished with new and existing chemicals of concern to
OPPT, during FY 1995, the SAT assisted EPAs Office of Solid Waste (OSW) by evaluating
approximately 60 chemicals being considered for two hazardous waste listings under the
Resource Conservation and Recovery Act (RCRA). The chemicals were evaluated for poten-
tial human health effects and environmental toxicity, and this evaluation was in turn used by
OSW to prioritize hazardous waste listings. Currently, the SAT is evaluating some 1300
inert ingredients in pesticide formulations for EPAs Office of Pesticide Programs (OPP).
The reviews will assist OPP in determining which inert chemicals are, or are not, of concern.
These types of assessments can be critical to decision making for other offices within EPA.
OPPT also participated in a joint European Union (EU)/EPA study in 1995 to deter-
mine the validity of the structure activity relationship (SAR) methods employed by the SAT.
The study concluded that the SAT was highly successful both in predicting the environmen-
tal fate and identifying potential toxicity of the chemicals. Since then, the SAT's methods
have been studied by the EU and the Canadian, Japanese, and Australian governments. By
sharing these methods, and others, we are moving toward global environmental protection.
In discussing these models with the international community, EPA also worked with the
U.S. chemical industry to share the SAR principles routinely used in evaluating new chemi-
cals. This type of cooperation should result in the use of fewer toxic chemicals by helping
industry predict the potential toxicity of chemicals.
REVIEWING NEW CHEMICALS
To close the loop on reducing risks from chemicals, OPPT is also responsible for the
evaluation of new chemicals and newly developed genetically engineered organisms (bio-
30 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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technology). TSCA requires that EPA review, within ninety days, chemical information sub-
mitted by manufacturers to detect -if newly developed chemicals pose a threat to human
health and the environment.
In 1995, the new chemicals program reviewed over 2,300 premanufacture notices
(PMNs). Although EPA can require testing of new chemicals, the common sense approach,
based on over 15 years of experience, does not routinely require extensive testing on all
substances before commercialization. Of the 2,300 chemicals reviewed, 44 were regulated
with requirements for testing by the time a specific production volume was reached. In
addition, the new chemicals program received testing data on another 41 substances prior to
their commercialization. OPPT may issue a significant new use rule (SNUR) when poten-
tial new uses of a new or existing chemical could result in increased exposures or
releases of the substance and pose an unreasonable risk to human health or the
environment; a total of 64 significant new use rules were issued in 1995. These
rules provide OPPT with the opportunity to review the interaction of the chemical
in a different process and for different uses.
The new chemicals program is one of the Agency's premier risk management
programs. It unique in that it serves a gatekeeper function where chemicals are
evaluated for hazard and exposure potential to determine risk early in the life cycle before the
chemical goes into commerce. Because of this role the program exerts great influence on the
chemical industry to encourage the production and use of safer chemicals. Without the new
chemicals programs we would face an increased risk of many harmful chemicals making
their way into commerce, causing unnecessary harm and potentially massive cleanup costs.
For example, in 1995, the Agency banned a new chemical substance that showed acute
lethality at low dosage rates in animal tests. This chemical was to have been used in con-
sumer products, and without the new chemicals review, may have ended up in products we
use day to day.
In addition to reviewing PMN submissions for health and/or environmental risk, OPPT
assesses the pollution prevented potential associated with PMN chemicals and their manu-
facture. An assessment team compiles a list of alternative technologies that reduce or elimi-
nate pollution. Alternative technologies, which may include the use of alternative syntheses,
feedstocks, reagents, catalysts, solvents, or reaction conditions, are proposed to companies
for their voluntary consideration. In FY95, of the 100 submissions reviewed for this effort,
the team identified approximately 25 opportunities to reduce or eliminate pollution to air,
land and/or water. The office provided pollution prevention alternative technologies infor-
mation to the manufacturers of these new chemicals, and has had more direct contact with
a few of them. Since it can take years before the chemical substance goes to market, feedback
on success of the alternatives is slow to return.
For several years OPPT has been grouping PMN chemicals with shared chemical and
toxicological properties into categories so that both PMN submitters and EPA reviewers
could benefit from the accumulated data and past decisional precedents, and reviews could
Promoting Safer Chemicals, Processes, and Technologies | 31
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be streamlined. Throughout FY95 OPPT continued to develop new categories, refine the
boundaries and definitions of existing categories, and engage the chemical industry in dia-
logue towards development of focussed testing programs on commercially promising chemi-
cals. These efforts will provide OPPT more pertinent information for the new chemicals
review process, especially as it relates to safer alternatives and more environmentally prefer-
able chemicals.
Customer Service Standards
In FY95, the New Chemicals Program surveyed a subsection of its principal "customers"
— manufacturers and importers of new chemicals — to assess their needs and satisfaction
with the program's products and services. The survey was conducted as part of the federal
government's National Performance Review and Executive Order No. 12862, "Setting Cus-
tomer Service Standards." The customer survey provided important feedback concerning
program strengths and areas for improvement, and represents a major first step in better
understanding customer needs and level of satisfaction. Overall, customers provided vary
positive performance evaluations for the new chemicals program. The results indicate a strong
need to provide customers with the information and services they need to make environ-
mentally sound decisions. OPPT plans to continue this dialogue with industry and inter-
ested others as it sets customer service standards and seeks continuous improvement in the
quality of its products and services.
Environmental Technology Initiative for Chemicals
The new chemicals program has launched a project designed to reduce risk and the
barriers to the development, introduction and use of safer chemicals and technologies. Known
as the Environmental Technology Initiative (ETI) for Chemicals, this project has the follow-
ing goals: (1) Offer industry the opportunity to work in partnership with EPA to explore
new, non-traditional ways to manage risks; (2) Promote risk reduction within industry sec-
tors by encouraging innovation—in chemistry, production technologies, handling/disposal
practices—for all chemicals, both new and existing; (3) Refine EPA's understanding of the
toxicity and risks associated with selected chemicals and use categories; and (4) Develop an
information management infrastructure to enhance EPA's ability to identify risk reduction
opportunities.
Product Stewardship Consent Orders
In recognition of the potential human health and environmental benefits presented by
certain new chemical substances, in 1995 OPPT developed a new type of risk management
tool, known as a product stewardship consent order, which incorporates elements of the
Chemical Manufacturers Association's (CMA) Responsible Care program into TSCA sec-
tion 5 risk management consent orders and significant new uses rules (SNURs). The prod-
uct stewardship order contains provisions for monitoring occupational exposures; evaluat-
32 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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ing the effectiveness of exposure controls and hazard communication efforts; and extending
safety training to most end-use customers. By providing greater independence and flexibility
to companies in the handling and distribution of a new chemical, the product stewardship
order should make entry into the commercial market easier while still controlling potential
unreasonable risks associated with manufacture, processing, and use of a new chemical.
Biotechnology Rule and Activities
Biotechnology is a rapidly expanding area of scientific and commercial interest and
activity. The number and complexity of biotechnology submissions to the TSCA biotech-
nology program are increasing, with many submissions involving microoganisms displaying
relatively higher potential risk to the environment and human health than microorganisms
reviewed at the inception of the program in the mid-80's. In FY 95 the program received and
reviewed five biotechnology submissions.
Some new biological processes have the potential to supplant more hazardous chemi-
cal processes, e.g. in the manufacture of consumer dyes. Testing of genetically engineered
microorganisms to degrade hazardous waste may further encourage development of
bioremediation as an environmentally preferable alternative to traditional remediation
technologies.
In FY95, important progress was made toward issuance of a final rule that will signifi-
cantly streamline the regulatory process for microbial products of biotechnology, and that
will reduce reporting burdens on the biotechnology industry. The proposed rule was issued
in September 1994.
New Chemical Exposure Limits
In May 1995, OPPT released its new policy for generic New Chemical Exposure Limits
(NCELs) for use in chemical specific consent orders under TSCA. The exposure limits offer
engineering control alternatives to the use of respirators for companies that are required to
protect workers from the inhalation of hazardous chemicals. EPA pursued this initiative for
2 main reasons: in response to industry's request to be consistent with OSHA's Permissible
Exposure Limit (PEL) requirements; and for better worker protection. Since it takes time for
new chemicals to come to market, we don't expect to see immediate results. However, once
a chemical is in production under a NCELs standard, the new policy should mitigate inha-
lation risks to workers.
Promoting Safer Chemicals, Processes, and Technologies I 33
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Reducing Risk to the Public from Chemicals:
Promoting Life Cycle Management
I wenty years ago, Congress passed the Toxic Substances Control Act in an effort to under-
stand and address the risks posed by chemical substances to human health and the environ-
ment. TSCA gives EPA the authority to regulate the unreasonable risks of a chemical at any
stage in a product's life cycle, including its manufacture, processing, distribution in com-
merce, use, and disposal. Lead, asbestos, polychlorinated biphenyls (PCBs), and dioxin are
leading examples of chemicals that warrant attention throughout their lifecycle. This chap-
ter reviews OPPT's accomplishments in FY 1995 and the variety of tools we utilize to con-
trol the risks to the public from these chemicals.
LEAD
According to the Centers for Disease Control and Prevention, about one in eleven chil-
dren in America have high levels of lead in their blood. The long term effects of lead in a
child can be severe. They include learning disabilities, decreased growth, hyperactivity, im-
paired hearing, and even brain damage. Even children who appear healthy may have high
levels of lead; that is why testing of children's blood levels is crucial. However, the Federal
government's goal is for primary prevention - that is, to reduce lead hazards before children
are poisoned. Effects of lead on adults include reproductive problems, high blood pressure,
digestive problems, nerve disorders, and memory and concentration problems.
In the 1980s, as it became more apparent that lead posed particular dangers to children,
the Agency began to take action on several fronts. Lead was phased out of gasoline. Lead
levels were strictly controlled in drinking water fountains. In 1991, EPA issued an Agency-
wide Lead Strategy that discussed all past efforts with respect to lead, and proposed a series of
actions to further reduce lead hazards, including targeted action for reducing hazards to the
public from lead-based paint.
In 1992, Congress enacted the Residential Lead-based Paint Hazard Reduction Act
(known as Title X). Title X provides for a comprehensive national approach to dealing with
lead-based paint in the nation's housing stock, with an emphasis on targeted abatement and
in-place management of priority hazards rather than total abatement of all lead paint. The
focus of Title X is on residential housing and other settings where children age six and under
34 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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are most likely to be exposed to lead-based paint. Title X also directs EPA and other federal
agencies to develop the necessary infrastructure to eliminate lead-based paint hazards in
residential housing.
LEAD ACTIVITIES RELATED TO TITLE X
OPPT initiated a series of steps to control lead-based paint hazards; many of these
activities became mandates when Title X was enacted. The central theme of Title X is to
empower citizens to inform themselves and to have in place State, local and private delivery
systems to allow them to act to protect their children and themselves.
Lead Model Plan for States & Tribes
As directed by Title X, the government should ensure that persons conducting lead-
based paint activities are adequately trained to perform work, such as inspecting for lead-
based paint, supervising lead-based paint abatement, and conducting risk assessments of
lead-based paint hazards in residential housing and child-occupied facilities built before 1978.
Throughout 1995, OPPT continued work on a national lead training and certification regu-
lation, which includes a Model Plan to help states develop and implement their own lead
certification programs. Certification involves successful completion of an approved training
course, and passage of a third-party certification exam. The use of third-party exams will
ensure that all certified persons possess a minimum level of knowledge in the field, and will
allow for a standard exam acceptable to all states. EPA is aiming to have a third-party exami-
nation system ready and available for use by early 1997.
From the outset, OPPT closely coordinated development of the Model Plan with the
states. The states will have two years from the August 1996 publication of the final rule to
develop their own training and certification programs.
Over the next two years, OPPT expects to review and approve lead training and certifi-
cation programs in states, as well as in the territories and tribal lands. In states and other
areas of the country that do not adopt lead training and certification requirements, EPA will
administer the federal program. In combination with the other components of Title X, the
Agency believes that a qualified and certified workforce will play a major role in eliminating
and reducing lead-based paint hazards.
State Grants
To develop and implement authorized state lead certification programs, state grants
were awarded to applicants in three major categories: (1) development of a new state lead
program; (2) implementation of a new lead program; and (3) modification of an existing
state lead program. During FY 1995, $12.5 million in grant money was allocated to states
for this purpose of which $1.5 million was set aside for funding tribes.
Promoting Life Cycle Management I 3S
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To obtain a copy of
"ProtectYour Family From
Lead In Your Home," or
"Reducing Lead Hazards
When Remodeling your
Home," call the National
Lead Information Center
Clearinghouse at I -800-424-
LEAD. Copies are available in
English and Spanish.
Lead Disclosure Rule for Housing
Throughout FY 1995, OPPT worked with the U.S. Department of Housing and Urban
Development (HUD) and the public to develop a lead real estate disclosure rule that would
meet public needs while not imposing undue burdens on the real estate community. This
rule will require sellers and landlords of pre-1978 housing to: (1) disclose known informa-
tion regarding lead-based paint and lead-based paint hazards; (2) provide purchasers and
renters with an EPA pamphlet on lead hazards entitled "Protect Your Family From Lead in
Your Home;" (3) allow home buyers a 10-day opportunity to finance and conduct a lead-
based paint inspection or risk assessment for lead-based paint hazards; and (4) attach warn-
ing and acknowledgment language in contracts and leases. This information will help fami-
lies make informed housing and lifestyle decisions to reduce their risk of exposure to lead
hazards. The final rule on lead disclosure was published in March 1996.
Section 1015 Advisory Task Force
OPPT was a member of Title X's Section 1015 Advisory Task Force on lead-based paint
hazard control and financing in private housing. The Task Force report, Putting the Pieces
Together: Controlling Lead Hazards in the Nation's Housing, was issued on July 11, 1995. The
major responsibilities of the Task Force included recommending actions to ease home loans
for abatement activities and resolving problems associated with obtaining liability insurance
for abatement contractors. The Task Force recommended using market incentives and con-
trols, public subsidies for economically distressed units, flexibility for state and local offices
to tailor the recommendations to fit their special needs, and several other reinforcing strate-
gies, including public education and additional research
Publications
OPPT produced a brochure in May 1995 entitled, "Protect Your Family From Lead In
Your Home," to be given to purchasers and renters of dwellings in conjunction with the lead
disclosure rule, to renovation and remodeling customers in conjunction with another regu-
lation underway, and also made available to the general public. The brochure describes lead
hazards and simple steps families can take to protect themselves from lead-based paint haz-
ards. After several focus group reviews, the brochure is now available in English and Spanish.
During the summer of 1995, Home Depot, a national hardware chain store, distributed
flyers containing information from OPPT's brochure "Reducing Lead Hazards When Re-
modeling your Home," to inform owners and occupants of target housing of potential haz-
ards of lead-based paint exposures prior to conducting renovations. OPPT was pleased to
work with Home Depot and hopes to duplicate this achievement with other national and
regional hardware stores.
36 Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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National Hotlines
The National Lead Information Center serves as a national information dissemination
center for the public to obtain general information about lead poisoning and prevention.
The EPA, the Department of Housing and Urban Development, and the Centers for Dis-
ease Control and Prevention jointly fund this Center. The automated Hotline, 1-800-LEAD-
FYI, is available 24 hours a day, seven days a week in English and Spanish. Callers are mailed
a basic information packet on lead, available in either English or Spanish. The packet in-
cludes the EPA brochure, "Lead Poisoning and Your Children," fact sheets, and a list of state
and local lead contacts for additional information. The Hotline refers callers with specific
questions to the Clearinghouse, which is staffed by trained information specialists who can
answer specific questions on lead-related issues in English or Spanish. Specialists provide on-
phone technical assistance to a variety of constituencies, including the general public, gov-
ernment agencies, industry and abatement professionals. The Clearinghouse, 1-800-424-
LEAD, open Monday through Friday from 8:30 am to 5:00 p.m. ET, provides relevant
informational materials, including federal publications, selected journal articles, a quarterly
newsletter entitled Lead Inform, and other publications. Callers can receive information on
laboratories qualified to test for lead in soil, paint, and dust; referrals to federal, state, and
local agencies; and updates on lead-related federal laws and regulations. In addition, the
Clearinghouse loans a number of videos on different aspects of lead and lead poisoning and
has a speakers' bureau of over 400 names of volunteer speakers nationwide available to speak
at schools, community organizations, etc., about lead issues.
Renovation and Remodeling Study
As directed in Section 402 of Title X, EPA has undertaken a study to determine the
extent to which renovation and remodeling (R&R) activities may create a lead exposure
hazard for building occupants or for the workers themselves. The results of this study will
provide the information needed by EPA to determine if R&R workers require training and/
or certification. This study has been conducted in phases. In Phase I, settled dust and air
samples were collected during and after R&R activities were performed. In Phase II, blood
samples from R&R workers (not the same set of workers used in Phase I) were collected and
analyzed for lead. While the results showed little evidence of blood-lead concentrations for
the R&R workers above the permissible lead level set by OSHA, the amount of lead dust
available for the workers to inhale while conducting some of the activities exceeded the
permissible level set by OSHA. Also, the data indicated that occupants may be exposed to
considerable amounts of lead in settled dust which far exceeds the current levels in EPA's
interim guidance for lead dust. This is important information not only for R&R workers,
who may not use proper protective equipment when working, but also for homeowners,
since their exposure to lead may be increased when these activities are performed in their
homes. Reports for Phases I and II are expected to be available by the fall of 1996 thru the
National Lead Information Center Clearinghouse (1-800-424-LEAD). Phase III is on-go-
Promoting Life Cycle Management I 37
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ing and will examine occupant exposure by determining if R&R activities are associated
with children's elevated blood-lead levels. A report on Phase III is scheduled to be available
by winter 1996.
National Lead Laboratory Accreditation Program
Title X directs EPA to determine if a nationwide voluntary accreditation program exists
for laboratories analyzing lead samples, and if not, to establish a certification program which
would set uniform standards for laboratories. EPA established the National Lead Laboratory
Accreditation Program (NLLAP) in 1993. NLLAP sets minimum performance requirements
for participating laboratory accrediting programs and the laboratories they accredit.
NLLAP recognizes laboratories with a demonstrated ability to test for lead in paint chip,
dust, and soil samples. The program ensures the public of a nationwide program of uniform
quality. To be recognized by NLLAP, a laboratory must participate in the Environmental
Lead Proficiency Analytical Testing (ELPAT) Program and undergo a systems audit and an
on-site visit. The systems audit must be conducted by a laboratory accrediting body recog-
nized by EPA. At this time, more than 400 laboratories participate in the ELPAT Program.
In FY 1995, 60 laboratories obtained recognition by NLLAP, bringing the total number of
recognized laboratories to 74. A state-by-state listing of laboratories recognized by NLLAP
can be obtained from the National Lead Information Center Clearinghouse by calling 1-
800-424-LEAD.
OTHER LEAD INITIATIVES
EPA realizes that lead is also an international and an environmental justice problem and
has, accordingly, undertaken a series of actions with our international partners and with
environmental justice groups to further the goal of lead hazard reduction. In addition, the
Agency has funded a series of worker training and public information facilities, technical
studies, and a National Meeting with the states and tribes.
International Risk Reduction Efforts
OPPT has been working with the Department of State and other federal agencies to
promote risk reduction efforts in international forums. Each of these efforts support priori-
ties and actions the United States is pursuing domestically. One major effort is the Organi-
zation for Economic Cooperation and Development's (OECD) risk reduction program.
The chemicals currently being reviewed under this program are lead, mercury, cadmium,
methylene chloride and brominated flame retardants. In June 1995, the OECD countries
accepted a voluntary agreement from the major producers of brominated flame retardants to
limit manufacture and use to those products presently being manufactured and to conduct
necessary toxicity testing on these products. Also in June 1995, the OECD countries ac-
cepted a voluntary agreement from the major producers of brominated flame retardants to
38 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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limit manufacture and use to those products presently being manufactured and to conduct
necessary toxicity testing on these products.
On February 20, 1996, Administrator Carol Browner, signing for the United States,
and the Environmental Ministers from other OECD Member countries adopted a Declara-
tion on Risk Reduction for Lead. This Declaration is the first international agreement that
addresses each of the major sources of lead exposure. In addition, to Member country com-
mitments to progressively phase down the use of lead in gasoline, the Declaration also calls
for definitive risk reductions measures related to children's products, paint, food packaging,
ceramic ware and crystal ware, and other measures. The Declaration includes an industry
agreement to implement a voluntary action program to further risk reduction measures
within OECD and non-OECD Member countries. Ministers endorsed a related OECD
Council Resolution linking Member countries Declaration to the OECD and calling for the
OECD to monitor implementation of the Declaration.
Another international project with which OPPT is involved along with EPA Region 5 is
the joint U.S.-Canada implementation of the Great Lakes Agreement, which calls for elimi-
nation of releases of chemicals such as lead and mercury into the Great Lakes. We are also
working with Central and South American countries under the Summit of Americas' Part-
nership for Pollution Prevention initiative, and with Russia under an environmental agree-
ment signed by the Vice Presidents of the United States and of Russia. This agreement is
intended to help other countries limit or eliminate exposures to lead, and focuses initially on
phasing out lead from gasoline.
National Meetings with States
EPA's first National Lead Conference was held in Fort Worth, Texas on December 5-7,
1994. Forty-nine states and 12 tribes were represented. The conference focused on develop-
ing and implementing state lead training and certification programs. Future meetings will
be planned for 1996 since the training and certification regulations were promulgated in
August of 1996.
Lead Training Courses
In FY 1995, OPPT completed a model course curriculum for persons wishing to be-
come lead-based paint risk assessors — people who evaluate the risks associated with a vari-
ety of exposures to lead-based paint. This course is being used by the six EPA-funded Re-
gional Lead Training Centers to train lead-based paint professionals to identify and control
lead-based paint hazards. It complements other courses previously developed for inspectors,
supervisors, and workers. These four courses can be used to train abatement professionals as
required under the training accreditation and certification rule which was promulgated in
August of 1996.
In addition, OPPT began to develop a model course curriculum for operations and
maintenance staff; the curriculum should be completed in FY 1996. While not specifically
Promoting Life Cycle Management | 39
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required under the training, accreditation, and certification rule, this course will be useful to
professionals planning short-term and smaller-scale projects (e.g., installing a light switch on
a wall covered with lead-based paint) that might involve lead-based paint hazards.
Lead Worker Training Grants
To ensure that the number of well-trained lead-based paint abatement workers increases
at an acceptable rate, EPA has received $1.55 million in Congressional add-on funds to
provide training grants to nonprofit organizations engaged in lead-based paint abatement
worker training and education activities. For FY 1995, the Agency was particularly inter-
ested in funding nonprofit environmental justice organizations that provide training oppor-
tunities for minorities and low-income community residents. This approach will provide
opportunities for communities to develop local lead abatement businesses employing area
residents. Funds were provided to 13 organizations.
Regional Lead Training Centers
In 1991, EPA provided funding to support a network of Regional Lead Training Cen-
ters (RLTCs) through a cooperative agreement with the National University for Continuing
Education Association (NUCEA). The network consists of six university-based centers and
their consortium members located regionally around the country and is designed to make
available a well-trained cadre of lead-based paint inspection and abatement professionals.
At the start of FY 1995, EPA funded each RTLC directly and tasked each center with a
special activity that had previously been performed by NUCEA. These activities included
the continuation of the quality assurance visits; publishing the bi-monthly newsletter of
course schedules and lead-related articles; conducting monthly conference calls; and holding
semi-annual Center Director meetings.
The RLTCs are currently teaching the EPA model courses: lead abatement worker, in-
spector, and contractor-supervisor. The recently developed risk assessor course has been pi-
loted by the University of Maryland RTLC and is being offered at all RLTCs. Course fee
waivers are available to state and local government personnel as well as to Native American
tribes.
The following is a list of the EPA National Network of Regional Lead Training Centers
and their phone numbers to call to register for a course:
^ Northeast Regional Lead Training Center (University of
Massachusetts at Amhurst): 413-545-5262
^ Great Lakes Regional Training Center (University of Cincinnati): 1-
800-207-9399
^ Mideastern and Atlantic Regional Lead Training Center (University
of Maryland, at Baltimore): 410-706-1849
40 | Annual Report of the Office of Pollution Prevention and Toxics, FY I99S
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^ Southern Lead Training Consortium (Georgia Institute of
Technology): 404-894-3806
^ Mid-States Rocky Mountain Regional Lead Training Center
(University of Kansas): 913-897-8513
^ Western Regional Lead Training Center (University of California,
San Diego): 619-534-6157
Lead Environmental Justice Initiative
Since lead is a particular problem in urban and low-income areas, OPPT is implement-
ing the Lead Environmental Justice initiative to: (1) demonstrate that an effective, well-
planned program can significantly reduce underprivileged children's blood lead levels; (2)
demonstrate the utility and beneficial nature of public, private, and community cooperation
in the prevention of childhood lead poisoning; (3) accomplish specific primary and second-
ary lead poisoning prevention tasks: blood lead screening, hazard reduction, and education;
(4) assess and document the project's success and shortcomings by providing for careful
evaluation and data collection; and (5) foster self-sufficiency through jobs creation and em-
powerment. In FY 1995, six grants were awarded jointly with the Department of Health and
Human Services to state and local jurisdictions to develop community-based programs to
reduce lead poisoning and create jobs in low-income communities. The grantees include:
^ Philadelphia Childhood Lead Poisoning Prevention Program
^ Chicago Childhood Lead Poisoning Prevention Program
^ Milwaukee Childhood Lead Poisoning Prevention Program
^ Missoula Montana Housing Authority Childhood Lead Poisoning
Prevention Program
^ Memphis Division of Housing and Community Development
Childhood Lead Poisoning Prevention Program
^ California Department of Economic Opportunity Childhood Lead
Poisoning Prevention Program
^ Alameda County Childhood Lead Poisoning Prevention Program
Low Cost Abatement
In accordance with a mandate under Title X, OPPT completed a report in July of 1995,
Review of Studies Addressing Lead Abatement Effectiveness, which provides a comprehensive
review of the scientific literature regarding the effectiveness of lead hazard reduction tech-
niques. This report also assisted OPPT in formulating lead training and certification rule
Promoting Life Cycle Management I 41
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which was completed in August of 1996. Copies of this report are available by calling the
National Lead Information Center Clearinghouse at 1-800-424-LEAD.
Various strategies for low-cost techniques to reduce childhood lead exposure are being
examined by OPPT. FY 1995 saw the start of a collaborative effort with local health depart-
ments in Wisconsin to collect and analyze data on the effectiveness of various lead hazard
reduction techniques. The results will assist federal, state, and local decision makers in select-
ing methods for lead hazard reduction.
Technical Studies
During FY 1995, OPPT and HUD performed a field evaluation to help develop federal
guidance on testing paint for lead. The study focused on two field technologies used for
testing lead in paint: portable X-ray fluorescence (XRF) instruments and lead-paint test kits.
The study found that testing with XRF instruments, with laboratory confirmation for in-
conclusive XRF results, provides a viable way to test for lead-based paint. This approach
satisfactorily detected lead paint on building components, such as walls, window frames and
doors, etc. at the federal threshold of 1.0 mg/cm2. Lead paint test kits were not recom-
mended because these test kits could not discriminate accurately between lead-based paint
and non-lead based paint nor could they determine the extent of lead-based paint in the
home. The study recommends that decisions on repairs, renovations, or abatements should
not be based on test kit results.
Studies are also being conducted on the effectiveness of: (1) low-cost repair and main-
tenance practices; (2) encapsulant products which coat lead-based paint to keep it in-place;
and (3) a uniform method of sampling for lead in residential dwellings. These reports and
studies can be obtained by calling the National Lead Information Center Clearinghouse at
1-800-424-LEAD.
Multi-Media Whole House Environmental Justice Initiative
During FY 1995, OPPT began the Multi-Media Whole House Environmental Justice
Initiative, an effort among offices in EPA and other federal agencies, designed to create tools
(targeting data and integrated risk assessment training) for jointly handling several indoor
and immediate outdoor household environmental hazards. These tools will help identify
environmental health and economic development projects in targeted low-income and mi-
nority neighborhoods. The first step entails developing a technical training course that will
enable certified risk assessors to recognize and address lead, asbestos, indoor air quality, and
radon hazards as well as issues associated with homeowner efforts to more efficiently weath-
erize their residences.
The Cleveland Department of Health's Lead Program has been awarded a grant to field
test these tools. Cleveland intends to use grant funds to train people to detect hazards in low-
income, at-risk neighborhoods.
42 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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PCBs
In 1976, TSCA banned the manufacture, sale, and most uses of polychlorinated biphe-
nyls (PCBs). The act directed EPA to set standards for PCB disposal, and oversee their
enforcement. Since the ban, EPA has promulgated a number of major rules controlling the
manufacture, distribution in commerce, and disposal of PCBs. EPA has also phased out
high risk uses of PCBs.
PCBs are a group of synthetic chemicals that found applications in a variety of indus-
trial, military, and commercial applications. PCBs were generally not used in household
products except for fluorescent light ballasts and small electrical capacitors on electrical ap-
pliances such as refrigerators and air conditioners. Studies indicate that PCBs are possible
human carcinogens and tumor promoters. Reproductive, developmental, and immunologi-
cal effects have also been observed with PCBs. It was not until after tens of millions of
pounds of PCBs were produced and released into the environment that scientists realized
how persistent and potentially toxic they were.
PCB DISPOSAL AMENDMENT
EPA proposed PCB Disposal Amendments in December 1994. The proposal repre-
sented the first comprehensive review of the program in 16 years. OPPT staff made more
than 20 presentations to outside groups on the proposal and received over 4000 comments.
A final rule should be published in FY 1997.
This rule is one of five presidential initiatives being undertaken by OPPT as a central
part of its reinvention program. The disposal amendments will provide the regulated com-
munity with flexibility and options for the disposal of PCBs, reducing regulatory burden
and cost through the use of performance-based self-implementing disposal procedures. The
amendments' goal is to eliminate duplicative Federal and State permits and administrative
requirements, and harmonize TSCA PCB standards with the Resource Conservation and
Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) and other Federal statutes. The rule will also remove outdated
requirements from the TSCA regulations. The regulatory innovations in this rule will allow
OPPT to continue to provide the present high standards of protection of public health and
the environment, while providing new savings of $4 billion annually to the regulated com-
munity, and encouraging the removal and disposal of PCB waste.
PROPER PCB DISPOSAL
OPPT issues PCB disposal approvals to qualified applicants to ensure that PCBs are
disposed of safely and properly. We issued twenty-six approvals in FY 1995. These approvals
increase the number of disposal options for the generators of waste, encourage disposal com-
panies to improve disposal processes, stimulate competition among approval holders, and
potentially result in lower disposal costs. Approximately 843 kilograms of PCB waste was
Promoting Life Cycle Management | 43
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disposed of in 1994 (the latest year figures are available), which represents a 9% increase
from the year before, and the largest amount of PCB waste disposed of since EPA began
compiling records in 1990. OPPT anticipates that the addition of new disposal facilities and
the additional disposal options presented by the Disposal Amendments will further acceler-
ate the rate of cleanup and disposal of PCB waste.
TRILATERAL AGREEMENTS FOR PCB WASTE
In FY 1995, OPPT played a major role in an effort to enable transboundary shipment
of PCBs within Canada, Mexico, and the United States, which will increase the amount of
PCBs that can be removed and destroyed in a more economical, efficient, and environmen-
tally safe manner. The Agency's concern was that PCBs near the Mexico/US border may
potentially be mismanaged, creating health and environmental risks to US citizens. Allow-
ing these imports will greatly reduce the risk posed by cross-border PCB and dioxin/furan
contamination through spills, improper disposal, and long-range transport.
This cross-boundary initiative, conducted in the spirit of the North American Free Trade
Agreement (NAFTA), provides an excellent model for future cooperative efforts to improve
the environment. In 1996, the three countries plan to develop a Regional Action Plan that
will enable the Canadians and Mexicans, both of whom have limited disposal capacity, to
dispose of PCB wastes in the US, where extra capacity exists.
INTERIM RELIEF ON PCB EXPORTS
Current PCB disposal regulations ban the export for disposal, use, and distribution in
commerce of PCBs in non-liquid uses. In December 1994, OPPT proposed amendments to
the PCB disposal regulations to address the present ban on the international trade of excess
ships for use and metal recycling which contain PCBs. Until these regulations are finalized,
OPPT is working with other federal agencies to develop practical solutions to regulatory
problems and grant enforcement discretion when appropriate. Both military and civilian
ships will benefit from this interim relief.
ASBESTOS
Asbestos is a known carcinogen that causes several serious diseases in humans such as
asbestosis (a fibrous scarring of the lungs), lung cancer, and mesothelioma (a cancer of the
lining of the chest or abdominal cavity). Symptoms of these diseases typically develop over a
period of years following asbestos exposure.
Commercial use of asbestos peaked between the 1940s and 1970s for uses such as
insulation, fireproofing, and acoustical surfacing material. As a result of growing health
concerns, certain types of asbestos material were banned in the mid-1970s. Typically, ser-
44 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
-------
vice or maintenance workers become exposed to asbestos-containing materials (ACM)
from boiler and machinery rooms. Asbestos may become hazardous and pose an increased
risk when it is damaged or disturbed, or when it deteriorates and releases asbestos fibers
into the air. Intact and undisturbed ACM in buildings generally does not pose a health
risk to occupants or workers.
In general, the Agency's major asbestos regulations were promulgated under the author-
ity of TSCA or under the Clean Air Act (CAA). TSCA regulations and guidance are admin-
istered and managed by OPPT, while the CAA regulations are the responsibility of EPA's
Office of Air and Radiation (OAR).
ASBESTOS MODEL ACCREDITATION PLAN
EPA is responsible for ensuring that persons performing asbestos work are adequately
trained to address and manage asbestos risks in buildings without jeopardizing the health of
building occupants or the general public. EPA's current regulatory standards are found in the
Asbestos Model Accreditation Plan (MAP), Interim Final Rule, which prescribes a training
curriculum for persons who inspect for asbestos in schools, public, and commercial build-
ings, and also for persons who design or conduct asbestos abatement activities in such build-
ings. The standards require that persons performing this work complete an approved train-
ing program, pass a written test, and take an annual refresher training course to stay current
with technological and regulatory changes impacting this industry. The training ensures that
asbestos removed from buildings is managed or otherwise disposed of in a safe and environ-
mentally sound manner.
In 1994, OPPT upgraded the MAP training requirements and set compliance deadlines
for state accreditation programs, asbestos training course providers, and accredited persons.
During FY 1995, OPPT focused on facilitating the transition from the previous national
infrastructure standards to the new standards.
ASBESTOS TRAINING COURSES
Beginning in the late 1980s, OPPT developed five model asbestos training courses that
meet the requirements outlined in the Asbestos MAP. The courses apply to five types of
personnel: contractor/supervisor, inspector, management planner, project designer, and the
asbestos abatement worker. During FY 1995, the contractor/supervisor, inspector, and man-
agement planner courses were updated by Georgia Tech, under a grant from OPPT. The
revised model courses included changes required by the Final Interim MAP Rule published
in February 1994 and OSriA's Asbestos Standard Rule. The abatement worker course is
available in both English and Spanish. The English version may be purchased from the
National Technical Information Service (NTIS) by calling 703-487-4650.
While not an EPA accredited course, an asbestos operations and maintenance model
course became available in early 1996 and can be purchased from NTIS. This long-awaited
course is important for maintenance workers who maintain asbestos in place.
Promoting Life Cycle Management | 45
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Training Grantees
Engineers Research & Education
Cooperative Trust
1125 Seventeenth St., NW
Washington, DC 200036
National Training Fund-Sheet Metal
& Air Conditioning Industry
Edward F. Carlough Plaza
601 N.Fairfax St.
Alexandria,VA 22314
ASBESTOS ABATEMENTTRAINING GRANTS
In 1995, Congress appropriated $900,000 for asbestos abatement training grants to
ensure the national workforce contained a sufficient amount of properly trained asbestos
workers. OPPT awarded grants to five labor-management trust funds to de-
velop and/or conduct lead abatement worker courses.
These grants were awarded to labor-management trust funds because of
their wide experience in worker training and the variety of occupations they
represent. The Agency feels that considering the numbers of workers trained,
the geographic dispersion of those workers and the caliber of training provided,
these grants have a dynamic effect in providing improved management of asbes-
tos-containing materials and safer abatement techniques in buildings through-
out the country. The grantees trained approximately 5,300 persons during FY95.
Roofers & Waterproofers-Research
& Education Joint Trust Fund
1660 L St., NW
Suite 800
Washington, DC 20036-5603
Insulation Industry International
Apprentice & Training Fund
1776 Massachusetts Ave., NW
Washington, DC 20036
Laborers - AGC Education &
Training Fund
37 Deerfield Rd.
PO Box 37
Pomfret Center, CT 06259
DIOXIN
Dioxin is an extremely toxic chemical compound, unintentionally pro-
duced in trace quantities by a wide variety of industrial processes. EPA is in
the process of a major reassessment of the scientific issues related to dioxin
and OPPT has the lead this project. A draft reassessment was published in
September 1994 and made available for public comment and peer review.
The Science Advisory Board (SAB) gave a majority of the 2,000-page reassess-
ment a favorable view; however, two of the most important chapters, dose
response modeling and risk characterization, were identified as needing addi-
tional work before they could be endorsed. To aid in redrafting the risk char-
acterization and in response to SAB recommendations, EPA is creating an
expanded panel of outside scientists. Once revised, the two controversial chap-
ters will be sent back to the SAB for a second review, with a target date of fall
1996 for completion and release of the full document. The Agency has committed to issuing
a cross-media dioxin strategy to accompany the reassessment.
46 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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Promoting Public Understanding
and Right-to-Know
manages the Toxics Release Inventory, a publicly available, annual inventory of
toxic chemical releases and transfers from manufacturing and federal facilities nationwide.
TRI was established by the Emergency Planning and Community Right-to-Know Act of
1986 (EPCRA), which promotes planning for chemical emergencies and the public's right
to know about toxic and hazardous chemicals in their communities.
Recognizing that public information is a vital link in improving public health and envi-
ronmental protection, OPPT continues to find new and innovative ways to promote public
understanding. In this chapter we discuss OPPT's efforts to empower the public with infor-
mation, form partnerships, increase public awareness, and improve data quality and access.
These initiatives encourage public involvement in decision-making as we strive to reduce the
risks associated with chemicals.
EMPOWERINGTHE PUBLIC
WITH INFORMATION
TOXICS RELEASE INVENTORY (TRI)
Following closely on the fatal chemical release accident in Bhopal, India, new provisions
passed in 1986 under EPCRA were intended to assure that the presence, management and
routine releases of toxic chemicals in the U.S. were well understood. It was evident that what
happened in Bhopal could happen in the U.S. and in fact there were facilities in the U.S.
where the same chemicals were manufactured, used and stored — but undisclosed to emer-
gency response teams, state and local governments, and perhaps most importantly, the citi-
zens who lived and shared common neighborhoods with these facilities.
At the core of these new provisions was the concept of a facility specific chemical based
inventory. This inventory, termed the Toxics Release Inventory (TRI) created a national data
base identifying facilities, chemicals manufactured and used at those facilities and the annual
accidental and routine releases of these materials. This information, while commonly known
by individual plant owners and operators, was not readily available to the federal govern-
ment, state government, emergency preparedness teams or the general public, and usually
did not become available until after serious accidents occurred or until major impacts on
Promoting Public Understanding and Right-to-Know | 47
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human health and the environment were evident. This "after the fact" disclosure of informa-
tion did little to help plan for or prevent such serious health and environmental impacts.
The first inventory was completed in 1987. Congress provided a core list of chemicals
based on two existing lists: the New Jersey list of 159 chemicals, and the Maryland list of
278 chemicals. Together, these lists identified 300 chemicals and chemical categories. While
all of these chemicals were high volume industrial chemicals that were released daily in
huge quantities across the U.S., Congress recognized that some may not be appropriate
for listing. To accommodate the need to remove chemicals that did not pose serious hu-
man health and environmental hazards, criteria for listing and delisting were stipulated as
well as a process to assure that such actions could happen rapidly. Chemicals must be
shown to demonstrate either acute or chronic human health effects or serious impact on
the environment. Data must demonstrate these criteria are met, or a chemical may be
removed from the list. In the absence to prove or disprove such a finding, the chemical
must also be delisted.
The emission data provided by this hazard based list provides one essential component
of the risk assessment equation. TRI was designed to be and continues to be hazard based. A
core strength of TRI is the emissions data it provides to government, industry and the public
to begin the risk assessment process. Without this starting point, for many, risk assessment
becomes a shot in the dark.
TRI Expansion Initiatives
During FY 1995, OPPT undertook a number of major expansion activities for TRI. Ex-
pansion of TRI is an effort to provide more information to communities and contribute to the
understanding of toxic chemical impacts on human health and the environment. EPA is seek-
ing to protect and extend public right-to-know, in a manner that makes common sense.
TRI's success in reducing toxic emissions and serving as a useful tool for all levels of
government, industry, and the public has lead to great interest in expanding TRI. To increase
public right-to-know, OPPT completed a major chemical expansion of the program, adding
286 additional chemicals to the reporting list on November 30, 1994. Information on these
chemicals will become available to the public in FY 1997. A complete list of the chemicals is
available from the EPCRA Information Hotline (1-800-535-0202).
OPPT has also moved forward on the development of a proposal to add additional
facilities to the TRI, focusing on those sectors that are most closely aligned with the current
manufacturing reporters and which are likely to be significant contributors to the release of
TRI chemicals. EPA published a proposed rule on June 27, 1996 to add seven industry
groups to TRI: Metal Mining [Standard Industrial Code (SIC) 10], Coal Mining (SIC 12),
Electric Utilities (SIC 4911, 4939), Commercial Hazardous Waste Treatment (SIC 4953),
Chemicals and Allied Products-Wholesale (SIC 5169), Petroleum Bulk Stations (SIC 5171),
and Solvent Recovery Services (SIC 7389). A third phase ofTRI expansion focuses on iden-
tifying additional data needs or "gaps" in the current TRI data that limit the public's ability
48 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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Distribution ofTRI Releases
1993
Surface
Water
97%
to actively participate in environmental decision making at the local level. As directed by
President Clinton, EPA submitted a report to the White House on October 2, 1995, which
summarizes EPA's plans to evaluate this initiative. EPA's report, Expansion of Community
Right-to-Know Reporting to Include Chemical Use Data; Phase III of the Toxics Release Inven-
tory, outlines how collecting information about chemical use would assist the public in envi-
ronmental decision making at the local level. OPPT is in the very preliminary phases of this
project and is actively seeking public involvement in this dialogue.
Annual TRI Data Release
Each year, EPA compiles national statistics and state overview data from the indi-
vidual facility submissions. TRI gives the public direct access to information about toxic
chemicals in their communities. This information is vital to the partici-
pation of citizens and businesses in improving environmental conditions
across our nation.
In March 1995, EPA released the 1993 national TRI data to the public.
The 1993 data showed that toxic chemical releases reported declined by 12.6
percent compared to 1992, to 2.8 billion pounds. Reported releases had
declined by nearly 43 percent since 1988, the "baseline" year. Transfers of
toxic chemicals to other locations for waste management increased 4 percent
over 1992, to about 4.7 billion pounds. The amount of toxic chemicals in
waste generated by facilities increased slightly for the second year in a row, to
about 33.5 billion pounds. OPPT compiles each year a document which
summarizes information about toxic chemical releases, transfers, and waste
generated by manufacturing facilities in the U. S. Two volumes of the report
are available: the 1993 Toxics Release Inventory Public Data Release (full report and executive
summary) and the 1993 Toxics Release Inventory Public Data Release State Fact Sheets. To
obtain a copy of either document call EPCRA Information Hotline (1-800-535-0202).
IMPROVING TRI INFORMATION PRODUCTS AND SERVICES
Right-to-Know Network (RTKNET)
OPPT has supported better public access to environmental information through a grant
to Unison Institute for the Right-To-Know Network (RTKNET), an on-line, publicly-ac-
cessible network. The network is a tool to link industrial activities across regulatory report-
ing requirements, and to facilitate various kinds of national, regional and local analysis.
RTKNET provides access to TRI data, health facts on each TRI chemical, and zip code links
to Congressional districts. In addition to TRI data, there are important EPA data on OPPT
existing chemicals documents; EPA facility identifiers; hazardous waste, air, and water data;
and information about all of the civil cases brought by the EPA. The 1990 Census data on
the network makes it possible to link socio-economic and pollution data. The network is
Promoting Public Understanding and Right-to-Know | 49
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To locate TRI files on the
Internet, use the EPA gopher,
located at gopher.epa.gov.The
National Library of Medicine
offers access to the complete
TRI database, either directly
or via Internet (telnet to
toxnetnlm.nih.gov). RTKNET
may be accessed on the
Internet via telnet, gopher, or
the Web using the address
rtk.net and logging in as "public".
accessible by PC, via phone (toll-free), or Internet. It is developed and managed by a public
interest organization with assistance from both private and public sector organizations. For
more information and to get on-line, contact the Unison Institute at (202) 797-7200.
TRI Data Products
To fulfill its mandate under EPCRA, EPA must provide the public with access to TRI,
along with tools for examining the data in a meaningful way. The CD-ROM is one of several
formats in which TRI data are made available to the public. TRI data are also published in hard
copy, on diskettes, and online via the Internet, the National Library of Medicine, and the
RTKNET (mentioned previously), a public interest group funded in part by an EPA grant.
During 1995, the TRI CD-ROM was expanded and enhanced to include additional
data (seven years in total) and to make installation and use easier. Many of these changes
were made after listening to our CD-ROM customers, who include librarians and their
patrons, researchers, industry, states, and associations. This audience is expanding rapidly, as
CD-ROM becomes more popular for home and small office use. As the CD-ROM product
has matured, searching capabilities have been expanded, new formats for downloading data
have been added, and the documentation has been improved. The next version, including
1994 TRI data, will be available in the fall of 1996. The TRI CD-ROM may be purchased
from the Government Printing Office for $38.00 (stock no. 055-000-00508-7).
TRI Education Package
OPPT is developing an education package for grades seven through twelve that will
feature the TRI data bank as its centerpiece. This idea creates a partnership to increase com-
munity awareness of OPPT's products and services by targeting educational institutions.
To implement this project, OPPT is working in cooperation with the National Science
Teachers Association (NSTA) to develop a curriculum with teachers' guide and student ac-
tivities. The package will include printed materials, TRI data on CD-ROM, a short video-
tape and computer disk on TRI, online access information, and other classroom tools. Dur-
ing FY 1995, a test kit was mailed to an audience of 100 NSTA members to evaluate the kit.
Based on recommendations from this group, NSTA will next convene a cross-curriculum
group of experts to design the teaching guide and student activities materials. A major fea-
ture of these educational materials will be the use of TRI data.
FACILITATING TRI REPORTING AND DATA USE
Electronic TRI Data Submission
For the second year in a row, OPPT conducted an outreach activity designed to increase
the number of TRI submissions received on diskette instead of paper. Receiving TRI data
electronically increases the efficiency of data processing, decreases the data processing' costs
and results in fewer data errors. Using the Toxics Release Inventory System (TRIS) to iden-
50 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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tify facilities that submitted the greatest number of paper copy reports, OPPT sent letters to
these facilities and their parent companies outlining the advantages of magnetic media re-
porting. Results tabulated so far indicated an 11 percent increase, up from 52 percent elec-
tronic submissions last year to 63 percent in FY 1995.
Streamlined Reporting Requirements
On November 28, 1994, EPA streamlined the TRI reporting requirements for facilities
whose annual reportable amount of a listed toxic chemical does not exceed 500 pounds. The
annual reportable amount of a chemical means the total amount of a chemical released,
disposed of, treated, burned for energy recovery, or recycled by the facility on-site or off-site.
If a facility's annual reportable amount of a chemical does not exceed 500 pounds, and the
facility does not manufacture, process or otherwise use that chemical in excess of one million
pounds annually, the facility can take advantage of a less burdensome reporting alternative.
Instead of filing a complete reporting form, the facility may file a certification statement.
OPPT estimates that this alternative threshold will save industry more than $17 million
annually in reporting costs without sacrificing information flow to the public.
OPPT believes that this rule strikes a positive balance between maintaining the
community's right-to-know about toxic chemical releases, and the economic costs, both to
EPA and the industry, of providing such information.
TRI Data Use Conference
OPPT sponsored the fourth TRI Data Use Conference, an event that brought together
public interest groups, researchers, labor, industry, citizens and federal, state, and local offi-
cials. This FY95 conference set a record for the number of attendees, reflecting not only the
diversity of TRI users, but the importance of TRI data to a growing number of citizens and
sectors. Sessions were organized into three tracks: using TRI for pollution prevention, part-
nerships between TRI stakeholders, and innovative ways of using the data. For information
about the next TRI Data Use Conference, call TRI User Support at (202) 260-1531.
TRI— "Train the Trainer" Tutorial
Through an ongoing cooperative agreement with the John Snow Institute in Boston,
the Toxics Release Inventory "Train the Trainer" Tutorial is being presented to a selection of
librarians. The training materials include a hard copy manual in a binder, 3.5" tutorial disks,
and the TRI CD-ROM set. The workshops are intended to help build the community's
environmental capacity by training professional librarians to act as knowledgeable resources
in support of the public's use and understanding of the TRI. A simplified, more user friendly,
windows version of the existing tutorial is in development and is intended to be used by
students and in community-based environmental initiatives. The next phase in this project
will be to transfer the methodology and materials to trainers in other parts of the country.
Promoting Public Understanding and Right-to-Know | 51
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TRI-US Customer Standards and Service
In response to a White House Directive (Executive Order 12862), the Agency selected
TRI-US as one of its seven pilots for customer service standards development and measure-
ment. TRI-US is a hotline which provides general information about the Toxics Release
Inventory and access to any of the data formats available. TRI-US staff specialists can help
you determine the data product best suited for the individual user's needs and provide a
limited amount of searches forTRI online and CD-ROM applications.
OPPT contracted with the National Opinion Research Center at the University of Chi-
cago to conduct seven focus groups, in four targeted cities, with current and potential cus-
tomers of the Toxic Release Inventory/User Support (TRI/US) Data and Hotline Service.
The goals of the focus groups were to identify customers for these data and to determine the
kind and quality of services customers have received or want to receive to help them use the
data and products as measured against the following OPPT-formulated set of standards for
the TRI/US products and services: Accuracy; Timeliness; Completeness; Awareness of avail-
ability; Accessibility; Understandability.
Results indicated that customers were very satisfied. Actual and potential customers
suggested more product definition documentation and complementary risk information.
OPPT is working to make TRI data available more broadly by providing access and infor-
mation through CD-Rom products and the Internet.
ENSURING TRI DATA QUALITY
TRIS Modernization
During FY 1995, OPPT initiated a significant effort to re-engineer and modernize the
Toxic Release Inventory Systems (TRIS). TRI data reside on several different computer plat-
forms for data entry, quality assurance, and data access. Technology improvements from the
system's original implementation in 1987 have not kept pace with improved computer tech-
nology. The modernization will utilize the most cost-effective new development technologies,
and will be able to accommodate changing data requirements and provide better customer
support. This project will be completed in time for processing the 1997 TRI submissions.
Identifying TRI Data Errors Efficiently
Errors in TRI data are identified through a series of computerized edit checks performed
at the point of data entry. Previously, OPPT used legal Notices of Noncompliance (NON)
as a first level of obtaining corrected information. This statute-enforcement process required
review by EPA enforcement personnel, as well as the use of certified mail and tracking of the
certified mail process, resulting in a costly and inefficient process for both EPA and the
reporting facilities. In FY 1995, OPPT initiated a new process which eliminated 99 percent
of all Notices of Noncompliance. The new process involves sending out a non-certified
warning notice (or "Notice of Significant Error") which identifies the error and warns the
SI | Annual Report of the Office of Pollution Prevention and Toxic:, FY 1995
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submitter that failure to correct the error within the specified time frame will result in the
issuance of a Notice of Noncompliance. Since reporting facilities generally want to avoid the
legal implications of a Notice of Noncompliance, the warning notice has been extremely
successful at getting errors corrected and has decreased the cost of error notices by 50 percent
from FY 1994, even with a similar workload.
OTHER INITIATIVES
TSCA Section 21 Petitions
TSCA section 21 allows any citizen to petition EPA to take action under various sec-
tions of TSCA. OPPT took action on two TSCA section 21 petition in FY 1995.
1. The New River, which flows north from Mexicali, Mexico into Imperial County,
California, has been cited by various magazine and newspaper articles as one of the most
polluted rivers in America. Since December 1993, EPA has received three petitions under
TSCA section 21 from Imperial County, CA and local environmental justice groups. The
petitioners raised concerns about the environmental and health impacts of the New River
and requested action to monitor and clean up the river.
EPA issued subpoenas to 95 U.S. parent companies with facilities in the vicinity of
Mexicali, Mexico. The subpoenas required the companies to provide information about the
chemicals they release into the New River. During FY 1995, EPA evaluated the subpoena
data and determined that there was no imminent hazard or unreasonable risk from chemi-
cals identified in the letter or subpoena responses. EPA has also used the information gath-
ered through this effort to inform the development and conduct of its monitoring program
of the New River and has made the information available to the Agency for Toxic Substances
and Disease Registry (ATSDR) for use in a health consultation. EPA continues to monitor
the New River in order to identify additional sources of pollution. This information gather-
ing effort will also ensure the community's right-to-know about local chemical hazards. OPPT
has compiled and aggregated the data into a report, entitled Summary of Information Col-
lected from U.S. Parent Companies of Maquiladoras Relating to the New River, which was made
available to the public in February 1996.
In September 1995, OPPT also provided a community empowerment grant to assist
communities most affected by pollution in the New River. The grant will be used to help
create an organization to implement a community involvement and education strategy.
2. Another TSCA section 21 petition raised the issue of health concerns for workers
using metalworking fluids. The petition requested EPA to issue a TSCA Section 4 rule to
obtain test data on the components of these fluids. In April 1994, EPA announced that it
did not accept the petition, but felt that the Agency would play a supporting role to OSHA
and the National Institute for Safety and Health (NIOSH) once specific testing needs could
be identified. Through participation in an interagency workgroup and the ONE Commit-
Promoting Public Understanding and Right-to-Know I S3
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Export Notifications
^ Notices received and p
^- Companies submitting notices 314
Letters 1,529
tee, OSHA, NIOSH and EPA have coordinated their actions. EPA has provided comments
on the draft NIOSH Criteria Document, compiled a listing of all the substances used in
metal-working fluids, and is completing an analysis of 22 high production volume chemicals
for potential testing candidates.
A number of factors contribute to the complexity of this project. Since OSHA repre-
sents a primary client for testing data, OSHA's participation in the process is considered
essential. However, it has been necessary to allow time for OSHA to determine priorities and
its regulatory agenda. In December 1995, OSHA added metalworking fluids to the regula-
tory agenda, although whether resources are available for the work involved is still unclear
for both EPA and OSHA. An important aspect of this project is the development of a "Frame-
work for Cooperation" with OSHA and other regulatory agencies in order to use govern-
ment resources more effectively.
Export Notification
TSCA section 12(b) requires exporters to notify EPA when they export or intend to
export a chemical substance or mixture that is subject to certain regulatory actions under
TSCA. Approximately 1100 chemicals are subject to this requirement. EPA is required to
send the importing countries (through their local embassies or desig-
nated alternates) a notice of export, no later than five working days
after receipt by the EPA Document Control Officer. A notice is only
required for the first shipment of each chemical to a particular country
in a calendar year. The notice identifies the regulated chemical, sum-
marizes the regulatory action taken, identifies an EPA official to con-
tact for further information, and includes a copy of the pertinent Fed-
eral Register notices. OPPT's volume of activity on 12(b) export notifications in calendar
year 1995 is shown in the accompanying chart. Activity decreased starting in 1994 after
the Agency promulgated a regulation requiring one-time, instead of yearly, notification
for TSCA section 4 chemicals.
FORMING PARTNERSHIPS
COMMUNITY PILOT PROJECT
In January 1995, OPPT embarked on an effort to develop a partnership among govern-
ment agencies, businesses, and a community in the City of Baltimore. The framework for
this partnership was agreed upon at a meeting with the Mayor of Baltimore, EPA officials,
State of Maryland representatives, and community and business leaders on May 3, 1996.
This partnership is aimed at piloting a new community-based approach to environmental
protection which will build consensus at the local level and make it possible to address local
., . ... j I,-,™ after receipt by the EPA Document Control Officer. A notice is only
Notices received and processed 11,370 r ! <
54 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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environmental concerns with local solutions. This project was kicked off in the summer of
1996. The project will be conducted in an industrial area of the city where residents face a
large number and variety of potential environmental hazards. Issues of concern to be inves-
tigated may include lead-based paint exposures, air pollution (especially the impact of indus-
trial truck), traffic, and industrial runoff.
The community will be encouraged to develop a working knowledge of environmental
conditions, and to put these concerns in the context of overall environmental goals. All
partners will participate in providing environmental education for the project according to
their areas of expertise. The government partners will provide technical assistance (including
analysis) for the community. The partnership model is intended to enable communities to
become equal partners in managing their local environment. The project is expected to take
approximately 18 months.
FORUM ON STATE ANDTRIBALTOXICS ACTION (FOSTTA)
Created in 1991, FOSTTA serves as a means for enhancing partnerships among EPA,
the states, and tribes on issues related to toxic chemicals. FOSTTA comprises approximately
35 state and tribal environmental officials, who meet three times a year to exchange informa-
tion and provide feedback to OPPT, EPA's Office of Enforcement Compliance and Assur-
ance, and EPA's Regional Offices.
A primary objective of FOSTTA is to ensure that EPA programs and regulatory strate-
gies are responsive to state and tribal concerns. During FY 1995, FOSTTA:
^ Provided input on a critical component of EPA's Key Identifiers
Project, a new comprehensive approach led by OPPT to improve
information collection and public access to data.
^ Assessed the utility of providing states with access to confidential
business information data collected under TSCA, which is currently
available only to EPA.
^ Assisted with a proposed rule by providing input to ensure that lead-
based paint abatement work is done safely and appropriately.
^ Worked on ways to make OPPT's information resources available
and useful to communities, so that citizens and local governments
will be better equipped to identify, prioritize, and address their
environmental concerns.
INTERNATIONAL EFFORTS
In 1992, participants at the United Nations Earth Summit in Rio de Janeiro, Brazil
recognized the importance of TRI-type systems, known internationally as Pollutant Release
and Transfer Registers (PRTRs), as valuable tools for pollution reduction and prevention. At
present, the Netherlands, Canada, the United Kingdom, and the U.S. collect toxic release
Promoting Public Understanding and Right-to-Know | SS
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information, although a number of other countries are developing TRI-type systems or con-
sidering doing so.
OPPT, on behalf of the U.S., has been supporting the development of PRTRs around
the globe. In response to the 1992 Earth Summit, the Organization for Economic Coopera-
tion and Development (OECD) agreed to develop a PRTR Guidance for Governments
Manual, which countries could use as guidance for developing PRTRs. Also, the United
Nations Institute for Training and Research (UNITAR) has been working to facilitate the
establishment of TRI-like systems. As a training arm of the United Nations, UNITAR's role
is to help industrializing countries implement environmental programs. OPPT has been
working with UNITAR by providing financial, as well as informational support, for UNITAR's
pilot programs in three nations—Mexico, Czech Republic and Egypt. In North America,
OPPT is working independently with Canada and Mexico, and with the North American
Free Trade Agreement's (NAFTA) Commission on Environmental Cooperation (CEC), on
data sharing initiatives among the three countries. The increased international attention on
emissions information collection underscores the important role that information collection
plays in achieving environmental protection.
INCREASING PUBLIC AWARENESS
^ ^ OPPT ON THE INTERNET
\ s^"""".^
OPPT is providing its publications, reports, databases, rules, and meeting information,
via the Internet to the Agency, its constituents, and the general public. Appropriate links to
other sites are established as the information goes on-line. Large projects with varied kinds of
information are being indexed and in a few instances web pages are under development to
enhance accessibility of the information for the Internet user.
In this past year, office use of the Internet has become more widely accepted as a way of
doing business, particularly with the reduction in staff and resources. Both the number of
offerings and the linkages among them will continue to increase. OPPT information is pro-
vided on both the Agency's gopher and www sites, with the approval of an OPPT division
director. The information uploaded includes a metadata record, that enables the Internet user
to have a brief summary of the files before accessing or downloading any of the information.
The OPPT web homepage was restructured and the text version is available at the
http:/www.epa.gov/opptintr. A graphics version of the OPPT web homepage will be avail-
able in the fall of 1996.
For more information on how to access information via the internet see Section 5.
Resources, pages 62-64.
56 I Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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CHEMICAL FACT SHEETS AND SUMMARIES
OPPT is continually researching and reviewing the toxicity of chemicals and working
on ways to communicate this information more effectively to the public. The Chemical Fact
Sheets and Summaries are one of the avenues that OPPT is pursuing to educate the public
and share information about chemicals. These Fact Sheets, which are written for a general
public audience, contain brief descriptions (usually two pages) on each chemical and include
information such as:
^ a chemical definition, use and exposure routs;
^ environmental fate;
^- adverse health and environmental effects;
^ regulatory laws pertaining to the chemical; and
^ referral to federal groups for additional information
The Fact Sheets are complemented by the Summaries, which contain an expanded descrip-
tion (usually 10-20 pages) of a chemical and are written with a technical focus for people
who want a more in-depth understanding of the chemical and its effects. The Summaries
contain information on:
^ chemical identity and physical/chemical properties;
^ production, use and trends;
^ environmental fate;
^ regulatory action;
^ EPA contacts for additional information;
^ referral to federal groups for additional information; and
^ Footnotes and bibliographic references.
In FY 1995, OPPT developed Fact Sheets and Summaries on the potential health and environ-
mental effects associated with 20 TRI chemicals with the greatest releases. This is an expansion
of our effort to communicate information about all TRI chemicals to the general public. OPPT
is continuing to work on additional fact sheets and expects to complete another 20-30 during
FY 1996. For copies, contact the TSCA Assistance Information Service at (202) 554-1404.
These Fact Sheets and Summaries are also available via OPPT's homepage on the Internet. See
Chapter 5 Resources for more information on accessing this information.
CULTURAL USES OF METALLIC MERCURY
Although mercury is an extremely potent neurotoxicant, especially to pregnant women,
fetuses, and children, some Caribbean and Latin American cultures use the metal ritualisti-
Promotlng Public Understanding and Right-to-Know | 57
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cally — sprinkling it in homes and vehicles and burning it in candles for spiritual protection
or for good luck. Working in conjunction with EPA's Regional Offices, states, national His-
panic organizations, and the U.S. Catholic Conference, OPPT developed a risk communi-
cation and public education campaign to notify the populations in question of the risks
associated with cultural uses of mercury. In FY 95, This campaign used the Hispanic Radio
Network to air a series of Spanish language radio broadcasts emphasizing the dangers of
using mercury, and worked with various Hispanic groups to develop and distribute multi-
language fact sheets throughout the U.S.
CONSUMER LABELING INITIATIVE (CLI)
The focus of the CLI Project is to learn how to effectively present useful environmental,
safe use, health, and other information on household consumer and pesticide product labels.
The existing chemicals risk management team is working with several leading companies to
obtain their consumer research data; utilize their expertise in interpreting market-related
information; get advice on designing consumer focus groups; and obtain recommendations
for improving labels. In addition to specific companies, in FY95, OPPT has assembled a
Task Force of other federal and state regulatory agencies, including the Consumer Product
Safety Commission, Federal Trade Commission, Food and Drug Administration, California
and Vermont, the American Association of Pest Control Officials, and the Forum on State
and Tribal Toxics Actions, to work on this project. We anticipate that this effort will result in
more effective consumer product labels and a more informed citizenry.
SOLVENTS PROJECT
In addition to the public's awareness, the existing chemicals program is working to el-
evate industry's knowledge and understanding of chemical hazards. Regulations restricting
the use of halogenated solvents to degrease and clean industrial metals have prompted a shift
to aqueous cleaners. This shift is currently occurring without sufficient regard for the poten-
tial environmental hazards posed by these substitutes. To address this concern, OPPT is
developing an Aqueous Solvents Chemical Hazard Guide to encourage industry to take envi-
ronmental, as well as performance and cost considerations, into account as they make their
decisions. OPPT distributed a draft guide to get industry input during 1995.
CHLORINATED PARAFFINS
Public understanding is also advanced through regulatory investigations carried out by
OPPT, as exemplified by the Chlorinated Paraffins Project. Short chain chlorinated paraf-
fins, used primarily in industrial cutting fluids, are toxic to certain forms of aquatic life and
have been classified by the National Toxicology Program as probable human carcinogens.
This issue first came to the attention of the Agency when the industry submitted the results
of environmental effects testing conducted under TSCA Section 4.
58 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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The Agency's initial review of the test results suggested the need for aTSCA §6 rule to
prohibit or severely restrict the use of short chain chlorinated paraffins by metal working
facilities in order to protect aquatic life downstream. In our analysis of CPIA data, however,
we determined that the original level of concern was overstated, and that given current
industry practices, no restrictive regulations were necessary. Our 1995 analysis did conclude
that discharges of short chain chlorinated paraffins should be reported to TRI, that OSHA
should be apprised of the potential occupational risk, and that EPA Region 5 (which con-
tains the heaviest concentration of industrial metal working facilities) should be advised of
the potential risk of cancer to impoverished people who subsist largely upon fish they catch
in local rivers.
CHLOROETHANE NEGOTIATIONS
Chloroethane causes cancer, and the data from the TRI revealed that large amounts of
the chemical are produced and discharged into the environment. OPPT analysis identified
occupational exposures as the major concern. We entered into negotiations with industry
that led to voluntary re-labeling of foam products containing chloroethane. The new labels
alert workers to the risks and provide them with information on minimizing exposure.
IMPROVING DATA QUALITY AND ACCESS
FACILITY IDENTIFICATION INITIATIVE
A report published in August 1994 by the National Advisory Council on Environ-
mental Policy and Technology (NACEPT) recommended that EPA move toward compre-
hensive information-based resources management for data collected throughout the Agency.
EPA responded to this recommendation with a number of different initiatives. OPPT has
taken the lead on the Facility Identification Initiative, which is the first step in the President's
initiative toward "One-Stop"reporting, an effort to streamline and consolidate EPA's col-
lection and maintenance of environmental data. This effort is designed to streamline the
collection of information by using a facility classification (referred to as"place-
based"information) rather than the current systems of classification by regulatory author-
ity and environmental medium, which makes linkage of data difficult to accomplish. Be-
ing able to integrate data across media is essential in order to comprehensively evaluate a
facility's environmental performance.
EPA is considering options for establishing a national standard for the reporting and
maintenance of information regarding the identification of facilities that are subject to fed-
eral environmental reporting and permitting requirements. EPA is examining various ap-
proaches, including rulemaking. The objective of the approaches being considered would
establish a single, authoritative set of facility, place-based classifications for use by EPA, the
Promoting Public Understanding and Right-to-Know | 59
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states, and the public. Establishing a standardized format will lead to improved efficiency in
use of the reported data by EPA and its state partners. This effort will also improve public
access, empowering citizens and industries to comprehensively plan for sustained ecosystems
and increased environmental protection.
The Facility Identification Initiative has been underway since March 1995. OPPT staff
have been meeting with state, industry, and environmental advocacy groups to discuss the
Agency's approach. A Notice to collect comments on this initiative will be published in fall
of 1996. This process will ultimately provide the foundation for consolidation of similar
reporting requirements across EPA's environmental media programs.
REFORMING CONFIDENTIAL BUSINESS INFORMATION CLAIMS
The goal of the TSCA CBI Reform Program is to increase the utility of TSCA data both
inside and outside the Agency. Information collected through the TSCA constitutes a unique
and valuable resource on chemicals in commerce. OPPT's collection of health and environ-
mental data on these chemicals is particularly useful. But access to this information has been
limited, in large part, because of inappropriate CBI claims.
Through the TSCA CBI Reform Program, OPPT has initiated a series of efforts which
are designed to insure that only that information which is actually CBI is claimed as confi-
dential. Limiting inappropriate claims for CBI, increases the overall universe of information
on toxics available for public review. OPPT is then also better able to explain to the public its
chemical management priorities, and to make more health, safety and environmental infor-
mation on chemicals in commerce available to the interested public. This in turn allows for
more meaningful public participation in the Agency's chemical management efforts, and
provides opportunities for empowerment to states, local communities and the public.
After receiving input from stakeholders, OPPT developed a final action plan in June
1994 that addresses ways for EPA to review Confidential Business Information (CBI) to
reduce the number of inappropriate claims and increase the amount of information available
to the public about toxics. The action plan describes in detail a series of voluntary and
regulatory initiatives that will ensure that only information which is actually confidential is
claimed as CBI. The plan is available to the public through the TSCA Hotline by calling
(202) 554-1404.
Following are examples of how OPPT is implementing CBI reform, using both regula-
tory and voluntary approaches.
Regulatory Reform Initiative In November 1994, EPA proposed a series of regulatory
amendments to ensure that the procedures for making CBI claims were consistent with
TSCA and public right-to-know principles. The proposal is undergoing review and is ex-
pected to be completed during 1996.
Partnership with IndustrylnFall 1995, the Chemical Manufacturers Association (CMA)
sponsored a data declassification project designed to examine how a company's need to pro-
tect CBI data may diminish over time. The results of this project may be useful in any
60 I Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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Agency consideration of regulatory data declassifications. CMA has called the voluntary
CBI reform efforts "a model of EPA/industry cooperation."
State Access The State Access Project arose out of the dialogue initiated on TSCA CBI
Reform. States are EPA's indispensable partners in environmental protection. This Project is
one of several vehicles OPPT is using to strengthen its relationships with state governmental
chemical management organizations. TSCA does not provide for state access to information
collected by EPA and claimed as confidential. Through the State Access Project, OPPT is
exploring how state environmental programs might benefit from access to such data.
The impetus for this project arose out of the TSCA CBI Reform dialogue. Through this
dialogue, OPPT became aware that the interested public, including environmental organi-
zations, labor unions, industry, and states all supported the principle of state access to infor-
mation claimed as confidential. Most of the participants in the dialogue considered it par-
ticularly inappropriate that information claimed as confidential about facilities located in
states could not be disclosed to state officials.
In the Fall of 1995, OPPT initiated contracts with Georgia, New York, Illinois, and Wis-
consin, giving these states access to all TSCA data — including TSCA CBI. By the terms of the
state access contract, each of the contracting states will explore the issue of state access and
report to EPA what if any value the TSCA data might have to state management programs.
8(E)TRIAGE DATABASE
TSCA Section 8(e) requires U.S. manufacturers, processors and distributors to submit
information on chemicals to EPA that may indicate a substantial risk to health or the envi-
ronment. OPPT has received approximately 13,500 of these notices, containing data on
health and ecological effects of industrial chemicals. Using high hazard and high production
volume as criteria, OPPT has screened the majority of these studies and determined that
approximately one third of the studies indicate a high hazard concern.
The TSCA 8(e) Triage Database is a user friendly system that serves as a pointer system
to significant health risk studies submitted under Section 8(e) of TSCA. The Database also
provides abstracts for those studies which the results had indicated high production levels
and high toxicological concern. Version 2.0, completed in FY95, contains information from
approximately 10,000 studies and is available to the public via TSCA Hotline (202-554-
1404) on diskettes and the EPA Gopher and World Wide Web Servers.
Version 3.0, targeted for release in FY97, will include an additional 4,000 studies. This
revised product will present information on the remaining studies submitted under the Com-
pliance Audit Program, as well as other studies submitted since 1992 that have been re-
viewed to date.
Resources | 61
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5.
Resources
rollowing is a listing of key resources available from OPPT and EPA relating to toxic
chemicals and pollution prevention.
EPCRA Hotline 800-535-0202
The EPCRA Hotline provides information on the TRI program, including the availability
ofTRI data, TRI information products, and sources of support for TRI data users.
TSCA Hotline 202-554-1404
The TSCA Assistance Information Service is available to answer general questions about the
Premanufacture Notification process, the 33/50 program, and other TSCA programs. The
hotline operates Monday through Friday, from 8:30 a.m. to 5:00 p.m. Eastern time. Re-
quests for documents may be faxed 24 hours a day, to 202-554-5603.
Pollution Prevention Information Clearinghouse (PPIC) 202-260-1023
PPIC is a distribution center for nonregulatory documents on pollution prevention emanat-
ing from OPPT and other EPA programs. PPIC maintains a telephone hotline for docu-
ment orders and to refer callers to other EPA information resources. PPIC also serves as a
repository for documents relating to pollution prevention, waste minimization, and alterna-
tive technologies. These are available for browsing in the EPA Headquarters Library during
visitor hours (10:00 a.m. to 2:00 p.m. EST) and through EPA's Online Library System
(OLS). OLS is available through a synchronous (modem) communication at (919) 549-
0720, with 7 data bits, even parity, 1 stop bit, and half duplex.
PPIC publishes a list of items available for distribution on a quarterly basis. For the most
recent list, call (202) 260-1023. Hours of operation are Monday through Friday, 8:00 a.m.
to 4:00 p.m. EST (24-hour voice mail). Fax: (202) 260-0178. E-Mail: ppic@epamail.epa.gov/
TRI User Support (202) 260-1531
TRI User Support provides access and support to TRI data in various formats, including
printed reports, online databases, CD-ROMs, magnetic tapes, and computer diskettes. The
services are provided Federal, state, local, and international governments, industry and trade
associations, environmental and public interest groups, academia, and citizens. These ser-
vices include providing general TRI information, TRI publications, searches, searching as-
sistance, National Library of Medicine TOXNET online search training, CD—ROM train-
ing, referral to EPA regional or state TRI contacts, other TRI resource centers, and docu-
mentation support to all public access TRI products. For more information, contact: Lisa
62 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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Flemming, Information Management Division, OPPT, U.S. EPA (7407), 401 M Street SW,
Washington, DC 20460, Tel: (202) 260-1531, Fax: (202) 401-2347.
Asbestos Ombudsman Clearinghouse/Hotline 800-368-5888
(703-305-5938 within in the Washington metropolitan calling area)
The Asbestos Ombudsman Clearinghouse/Hotline provides general asbestos information to
the public. Operated by EPA's Small Business Ombudsman's Office, it also assists small
business in complying with EPA regulations.
THE INTERNET
A wide variety of resources are available electronically through the Internet through several
access mechanisms:
^ EPA World Wide Web Site (http://www.epa.gov)
EPA's home page on the Web provides a wide variety of files, text, and graphics, as well as
access to other remote "hot-linked" sites, including the Internet utilities listed below.
^ EPA Public Access Gopher (gopher.epa.gov)
Gopher is a menu-driven, user-friendly interface allowing access to many different EPA
resources.
^ EPA Listserver (listserver@unixmail.rtpnc.epa.gov)
To obtain a listing of mail distribution lists available through the EPA Listserver (and then to
subscribe to the desired mailing lists), send a message with the single word LISTS in the
body of the message to the listserver address above.
^ EPA FTP server (ftp.epa.gov)
The File Transfer Protocol allows users to log onto remote computers and download files,
using Unix operating system commands. On accessing the EPA FTP server, enter the word
"anonymous" at the first prompt and your e-mail address as the password.
> EPA Online Library System (epaibm.rtpnc.epa.gov)
Access to holdings information for all 29 EPA Network libraries via the EPA Online Library
System (OLS) is available through the Internet, using the telnet function.
Following is a listing of selected OPPT resources available on the Internet through the EPA
Gopher, the FTP Server, or EPA's Web Site:
^- EPA TRI Public Data Release: Text and Lotus (.wkl) spreadsheet files corresponding to
the hardcopy version of the annual Public Data Release Report.
> CORR (Chemicals on Reporting Rules}. DBASE (.DBF) files which link TSCA
chemicals to Federal Register notices.
Resources 63
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£/M-rQAr(Listserver list): Latest Federal Register Notices related to TSCA and OPPT.
£/M-77?/(Listserver list): Latest Federal Register Notices related to EPCRA.
OPPT Newsbreak. A daily news summary of enviornmental and federal issues,
produced by the OPPT library.
8(e) TRIAGE: A text retrieval program providing access to TSCA Section 8(r)
information and reports.
OPPT Chemical Fact Sheets.
Pollution Prevention Directory. An annotated listing of EPA and other federal
programs, state programs, and other resources in pollution prevention.
Pollution Prevention News: A bimonthly newsletter produced by OPPT with the latest
pollution prevention information from EPA and around the country.
Cleaner Technologies for a Safer Future.
Chemicals in Progress Bulletin: A quarterly round-up of OPPT activities.
Chemicals in the Environment. Public Access Bulletin.
OFFICE DIRECTORY
Office of Prevention, Pesticides and Toxic Substances (202) 260-2902
Office of Pollution Prevention and Toxics (202) 260-3810
Office of Program Management & Evaluation (202) 260-1761
Chemical Screening & Risk Assessment Division (202) 260-3442
Health & Environmental Review Division (202) 260-1241
Chemical Management Division (202) 260-1865
Chemical Control Division (202) 260-3749
Economics, Exposure & Technology Division (202) 260-0667
Information Management Division (202) 260-3938
Environmental Assistance Division (202) 260-1024
Pollution Prevention Division (202) 260-3557
64 | Annual Report of the Office of Pollution Prevention and Toxics, FY 1995
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