-------
Disciplines Contributing to
Environmental Decisions
Laboratory
and
Field Work
Discipline-based •
• Chemistry
• Biology
• Geology
• Toxicology
• Epidemiology
Risk Multiple scientific disciplines:
Assessment • Chemistry, biology, etc
• Statistics
• Medicine
• Models
r • Science policy
Risk Multiple disciplines- natural sciences,
Management physical sciences, social sciences:
• Risk assessment
• Economics
• Politics
• Law
• Social values, concerns
processes. What kinds of information,
then, are used for nsk management but
not for nsk assessment? In general EPA
practice, data on technological feasibility,
•on costs, and on the economic and social
consequences (e.g., employment impacts)
of possible regulatory decisions are
critically important for nsk management,
but not for nsk assessment. To the extent
called for in various statutes, nsk
managers consider this information
together with the outcome of the nsk
assessment when evaluating nsk
management options and making
environmental decisions (See chart on
how disciplines are used, this page)
The NAS Paradigm
The nsk assessment paradigm put
forward by NAS in a 1983 publication
called Risk Assessment in the Federal
Government Managing tlie Process (or
more collequially, the "Red Book,"
alluding to its cover) provides a useful
system for organizing nsk science
information rrom these manv different
12
sources. Moreover, in the last decade,
EPA has used the basic NAS paradigm as
a foundation for its published nsk
assessment guidance and as an
organizing system for many individual
assessments. The paradigm defines four
"fields of analysis" which descnbe the
Rarely is there a single
"answer" to an
environmental risk
assessment question.
D
use and flow of scientific information in
the nsk assessment process. (See process
chart, page 13)
One virtue of this system of analysis is
clanry The paradigm makes the nsk
assessment process accessible so that
scientists, regulators, lawyers, journalists,
educators, and committed laypersons can
use the paradigm as a relatively simple
frame of reference for understanding
where and how the data, scientific
pnnciples, and science policies have been
used in any nsk assessment developed in
line with the paradigm. (Even where the
paradigm is not explicitly used—e.g.,
certain climate issues—the same kinds of
questions are studied to evaluate .
potential nsk.)
The following discussion walks
through the four fields of analysis. Note
at the outset that each phase employs
different parts of the information base.
For example, hazard identification relies
primarily on data from the biological and
medical sciences.- The dose-response
analysis then uses these data in
combination with statistical and
mathematical modeling techniques, so
that the second phase of the nsk analysis
builds on the first.
• Hazard Identification. The'objective of
hazard identification is to determine
whether the available scientific data
describe a causal relationship between an
environmental agent and demonstrated
injury to human health or the
environment. In humans, the observed
injury may include such effects as birth
defects, neurologic effects (nerve
damage), or cancer. Ecological hazards
might result in fish kills, habitat
destruction, or other effects on the natural
environment.
Information on the agent responsible
for the effects may come from laboratory
studies in which test animals were
deliberately exposed to toxic materials, or
from other sources such as chemical
measurements in the workplace. In
addition, studies on a pollutant's effects
on genetic material or metabolism, and
comparison of such effects in humans
and experimental test systems, may be
part of the analysis.
The principal question is whether data
from populations in which effects and
exposure are known to occur together
suggest a potential hazard for other
populations under expected conditions of
exposure to the agent under study. If a
potential hazard is identified, three other
analyses become important for the
overall nsk assessment, as discussed
below
• Dose-Responff Relationships. The dose-
response analysis is designed to establish
the quantitative relationship between
EPA JOURNAL
-------
exposure (or dose) and response in
existing studies in which adverse health
or environmental effects have been
observed. The dose-response analysis is
based mainly on two extrapolations. One
extrapolation uses the relatively high
exposure levels in most laboratory
studies (or, for example, human studies
at relatively high workplace levels) to
estimate the probable magnitude of the
effect in the same population at lower
environmental levels where little or no
data are available.
The other extrapolation entails looking
for the expected level of response in
• humans, or in animals or plants in nature,
based on comparisons of data from
laboratory and natural test systems. As
explained later, each extrapolation
involves numerous scientific
uncertainties and assumptions, which in
turn involve policy choices.
The number produced in the
dose-response analysis—perhaps a
cancer nsk value or a reference dose
(see article on noncancer effects on page
30)—is sometimes regarded as a risk
assessment because it describes
important information from animal and
human studies. Under the NAS
paradigm and in most EPA practice,
however, nsk assessment is complete
only when human exposure assessment
information is joined with dose-response
analysis and all relevant information to
characterize the nsk.
• Exposure Analysis. The exposure
analysis moves the assessment from the
study of known populations (laboratory
or epiderruologic) in which dose
(exposure) and response occur together,
to the task of identifying and.
characterizing exposure in other
potentially exposed populations. These
populations may be as general as the
nation as a whole for certain widely
distnbuted matenals (e.g., contaminated
food), or as limited as certain occupation
or user groups (e.g., pesticide
applicators). Questions raised in the
exposure analysis concern the likely
sources of the pollutant (e.g., incinerator
discharge, factory effluent, pesticide
application), its concentration at the
source, its pathways (air, water, food)
from the source to target populations,
and actual levels impacting target
organisms.
The exposure analysis relies on many
very different kinds of information, some
based on actual measurements and some
developed using mathematical models.
Measurements ot the kind and quantity
of a pollutant in vanous environmental
media and, when available, in human,
plant, and animal tissues are used to
project expected exposure levels in
individuals, populations, or both. The
Risk assessment asks,
"How risky is this
situation?" and
risk management
then asks, "What shall
we do about it?"
exposure analysis also develops
"lifestyle" data to identify and describe
populations likely to contact a pollutant.
For example, if a chemical that causes
birth defects in test animals contaminates
tomatoes, the exposure analysis would
consider such "lifestyle" information as
the number of women of childbearing
age who eat tomatoes, how often they eat
this food, and in what quantities. To
complete the exposure analysis, the
lifestyle information is combined with
information on how much chemical,
probably measured at very low levels,
remains in tomatoes when sold for
consumption.
• If the estimated exposure for an
environmentally exposed population is
significantly smaller than the lowest dose
producing a response in the study
population, the likelihood of injury to
exposed humans is smaller; if the
estimated exposure is significantly
greater than the lowest dose, then the
likelihood of injury is greater.
• Risk Characterization. Although each of
the preceding analyses examines all
relevant data and information to describe
hazard or dose-response or exposure, . .
under the 1983 paradigm none reaches
conclusions about the overall nsk. That
task is reserved for the final analysis,
where important information, data, and
conclusions from each of the preceding
analyses are examined together to
characterize risk—that is, to fully describe
the expected risk by examining the
exposure predictions for real-world
Risk Assessment Process
Hazard
Identification
Data
Dose-Response
Evaluation
Data
Human Exposure
Evaluation
Data
JANUARY/FEBRUARY/MARCH 1993
•3
154
-------
'HOLV "TIE MEAT- W, THE CHICKED WAIT
-HOLPTHEFlSH-WHATHAYFYlWtfOr
IMTUE YW0FUNSPRAYFP VKflESr
conditions in bght of the dose-response
information from animals, people, and
special test systems
Risk characterization—the product of
the nsk assessment—is much more than a
number (See box on page 15.) While the
nsk is often stated as a bare
number—for example, "a nsk of 10*" or
"one in a million new cancer cases"—the
analysis involves substantially more
information, thought, and judgment than
the numbers express. These factors take
us behind the simple structural
framework that the NAS paradigm
provides into a complex world of
scientific uncertainties, assumptions, and
policy choices. As discussed below,
14
Copyngm 1992 Hy HertHock in The Washington Post
revisiting the NAS paradigm with these
conceptual principles in mind sheds new
light
Uncertainties and Policy Choices
Scientific uncertainty is a customary and
expected factor in all environmental nsk
assessment. Measurement uncertainty
refers to the usual variance that
accompanies scientific measurement such
as the range (10 ± 1) around a value.
Another kind of uncertainty refers to data
or information gaps—that is, information
needed but unavailable for any particular
assessment Sometimes the data gap
exists because specific measurements or
studies that would complete an
assessment are missing; sometimes the
data gap is broader, referring to a
fundamental lack of understanding about
a scientific phenomenon.
The 1983 paradigm and EPA nsk
assessment guidelines stress the
importance of identifying uncertainties
and presenting them as part of risk •
characterization
In ordinary scientific practice, scientific
uncertainties describe new data needs
and stimulate further research, with
questions remaining open until research
provides needed information. Like
traditional science, environmental risk
assessment invanably identifies new data
needs and generates recommendations
for additional research.
However, "state-of-the-art" limitations
on nsk methods, resource limitations,
and statutory timetables for regulatory
decisions often require EPA as well as
other participants in the regulatory
process (other governmental agencies,
industry, environmental groups) to
complete nsk assessments in the face of
data gaps and other scientific
uncertainties. As a result, "science
policies"—that is, technically reasonable
positions assumed in lieu of scientific
data—may be developed to address
some of these uncertainties. Some
familiar policies relate to use (or nonuse)
of animal data to predict human nsk,
models used to quantify or project cancer
nsk, and the size of uncertainty factors
for health effects other than cancer.
Variability, Misunderstanding,
and Controversy
Vanability is an often overlooked but
important feature of the nsk assessment
process. Reasons for vanabihty in nsk
assessment should be obvious from the
preceding discussion. The need to use
data from many different disciplines,
characterized by data gaps and
uncertainties, is one source of vanability.
Assumptions and policy choices
spanning a spectrum of scientific theses
about the nature of incompletely
understood biological processes is
another. These diverse elements can lead
to diverse results, an outcome that leads
to misunderstanding and seeds many
risk assessment controversies.
Controversy might be less strident if
practitioners and observers recognized
that varying interpretations of the
scientific information may lead to a range
of science-based descnpnons of nsk for
EPA JOURNAL
155"
-------
any particular situation. In addition,
depending on data selected, scientific
assumptions, policy calls and
perspectives, different experts or
organizations may describe risk
differently. For example, a single data
set, applied to different populations with
different assumptions, may result in
different numerical nsk estimates for a
single chemical. However, if the nsk
characterization identifies data and
science policy choices, apparently
inexplicable inconsistencies may be
recognized as responsible, reasonable
descriptions of different aspects of the
same problem. The nsk characterization
process can also aid identification ot less
responsible, less reasonable descriptions
of the problem.
Perhaps this clarities some of the
reasons for misunderstanding and
controversy. Rarely is there a single
"answer" to an environmental nsk
assessment question. The nsk
assessment process has an enormous
capacity to expand and contract in line
with the available data, science policies,
and problems. When risk management
information, options, and decisions are
examined along with the nsk assessment.
opportunities for variability,
misunderstanding, and controversy are
even greater.
The task is to look behind the process,
always keeping in mind the multiple
sources of information, the several kinds
of scientific analyses, and the related
uncertainties and science policy choices
that shape each assessment. A related
task is to remember that nsk a'ssessment
and risk management are equally
important but different processes, with
different objectives, information content,
and results. D
Some Statutory Mandates on Risk
EPA is responsible for implementing
roughly a dozen major
environmental statutes. These laws
generally do not prescribe risk
assessment methodologies. However,
many environmental laws do provide
very specific risk management
directives, and these directives vary
from statute to statute. Moreover, in
certain statutes (such as the Clean Air
Act) different sections of the law set
forth different nsk management
mandates.
Statutory risk management mandates
can be roughly classified into three
categories: pure risk; technology-based
standards; and reasonableness of risk
balanced with benefits.
Pure-Risk Standards
Pure-risk standards (sometimes termed
"zero-risk") are mandated or implied by
only a few statutory provisions. Two
examples in this category:
• The "Delaney clause" of the Federal
Food, Drug, and Cosmetic Act prohibits
the approval of any food additive that
has been found to "induce cancer" in
humans or animals. (See articles
beginning page 39 on the ongoing
controversy concerning the Delaney
clause.)
• The provisions of the Clean Air Act
pertaining to national ambient air
quality standards call for standards for
lis ed pollutants that "protect the public
health allowing an adequate margin of
safety"—i.e., that assure protection
of public health without regard to
technology or cost factors.
Technology-Based Standards
Technology-based environmental
standards direct the Agency to focus
on the effectiveness and costs of
alternative control technologies
rather than on how control actions
could affect risks. Technology-based
controls are considered appropriate
to certain kinds of problems, such as
industrial water pollution, where the
installation of a single control system
can reduce risks from a variety of
different pollutants.
Consider the several technology-
based standards in the Clean Water
Act The Act requires industries to
install several levels of technology-
based controls for reducing water
pollution. These include "best
practicable control technology,"
"best conventional technology,"
and "best available technology
economically achievable" for
existing sources. New sources are
subject to the "best demonstrated
control technology." Total costs,
age of equipment and facilities,
processes involved, engineering
aspects, environmental factors
other than water quality, and
energy requirements are to be
taken into account in assessing
technology-based controls.
"No Unreasonable Risk*
A number of statutes require a
balancing of risks against benefits in
making risk management decisions.
Two examples in this category:
• The Federal Insecticide, Fungicide,
and Rodentidde Act requires EPA to
register (license) pesticides which, in i
addition to other requirements, it finds
will not cause "unreasonable adverse
effects on the environment" The phrase
refers to "any unreasonable risks to man
or the environment taking into account
the economic, social, and environmental
costs and benefits of the use of any
pesticide."
• Under the Toxic Substances Control
Act, EPA is mandated to take action if it
finds that a chemical substance
"presents or will present an
unreasonable risk of injury to health or
the environment" This includes
considering the effects of such substance
on health and the environment and the
magnitude of the exposure of human
beings and the environment to such
substance; the benefits of such substance
for various uses and the availability of
substitutes for such uses; and the
reasonably ascertainable economic
consequences of the rule, after
consideration of the effect on the
national economy, small businesses,
technological innovation, the
environment, and public health.
—EJs.
JANUARY/FEBRUARY/MARCH 1993
15
-------
EPAvs IRIS Data Base:
Accessing the Science
by Undo Tuxen
What is the potential human
leallh ha/ard of exposure Jo
ben/ene' What tnr the possible
i am IT and/or imruancer effects'
One souixe of information on
questions sin h as these is EPA's
Integrated Risk Inlormation System
(IRIS) IRIS is a data base containing
EPA consensus scientific positions on
potential adverse human health effects
thai may result from exposure to
environmental pollutants Currently,
IRIS contains information on
approximately 500 specific substances
IRIS was created for EPA staff as the
official repository of consensus
information in 1986; in 1988 it was
made available to the public.
Background
In the 1980s, as health risk assessment
became more widely used across
Agency programs, the need for
consensus and consistency in the areas
of hazard identification and dose-
response assessment became clear In
l*Wh HI'A work groups were
• mu iiM-d h i establish i onsensus
^••n* i |*i*iiM»ns on a ihemual hv
• hitiii* 4J UIM* tin I hi **• \ubsta rut's ot
• minium inli'it-tl and to .levelop *
(luioi i* I PA*. IRIS CuorJinalor in Hie
Offueaf Health ami Environmental
Assessment)
system for communicating the
positions to EPA nsk assessors and
nsk managers IRIS currently
contains summaries of EPA human
health hazard information that
support two of the four step!)—hazard
identification and dose-response
evaluation—of the nsk assessment
process
Since IRIS was developed in 1986,
and made available to the public in
1988, its use by EPA and by the
environmental health community, in
general, has grown substantially
EPA uses the data base to provide
consistent risk information across
programs and regions States,
national and international
organizations, and other public and
private organizations involved with
assessing potential health hazards of
exposure to a variety of
environmental contaminants use IRIS
as a source for EPA scientific opinion
. EPA's goal is that IRIS contain high
quality human health information,
based on credible science
Development of IRIS
Health Hazard Information
Two FI'A work groups—the
C aninogfii Risk Assessment
Ventilation Endeavor (CRAVE) and
the Oral Reference Dose/Inhalation
Reference Concentration Work
Group—develop the consensus health
hazard information for IRIS Each
group consists of EPA scientists from a
. mix of disciplines and EPA program
areas The work groups serve as the
Agency's final review for EPA health
hazard information
When the work groups reach
consensus for a particular substance,
they add a descriptive summary to
IRIS The information may become
part of the supporting materials used
to develop EPA health hazard
assessments Combined with specific
assessment information on situational
exposure, the data may be used in
evaluating potential public health
risks to environmental contaminants.
The summary directs users to the
underlying animal and human data on
which this risk information is based .
IRIS risk information is not a nsk
assessment or a risk management
judgment; it should be used carefully
and with scientific judgment
Data Base Contents
IRIS is comprised of three sections.
noncancer health effects resulting from
oral exposure, noncancer health effects
resulting from inhalation exposure,
and carcinogen assessment for both
oral and inhalation exposure
Generally, the information is for
chronic effects, those that may result
from lifetime exposure to a given
substance or mixture
IRIS contains full bibliographic
citations for each substance file,
directing the user to the primary cited
studies and pertinent scientific
literature. In addition, IRIS substance
files may contain one or more of three
supplementary information sections, a
summary of the Office of Water's
Dnnkmg Water Health Advisory, a
summary of EPA regulatoryactions, and
a summary of physical/chemical
properties.
EPA Review of
Some Aspects of IRIS
As part of an Agency-wide effort to
improve the quality of science used to
evaluate and manage risks, EPA has
initiated a review -that seeks ways to
improve the way IRIS information is
developed and the way it is used by nsk
managers The intent of the review team
is to study the entire IRIS process, from
nomination of substances through
delivery of information
As a first step, the team is focusing on
public involvement and external peer
review Currently, peer review of the
technical bases for IRIS descriptive
summaries is undertaken by EPA
scientists familiar with the particular
substance Many undergo external peer
review as well, from groups ranging
from the Agency's Science Advisory
Board and the Office of Pesticide
Programs' Scientific Advisory Panel to
specially convened panels and
workshops
EPA seeks ways to increase and
improve public involvement and external
peer review The Agency wishes to
identify mechanisms that can involve
qualified outside scientists and members
of the public in improving the quality of
information in IRIS, while not unduly
delaying the process of adding critical
new information to the data base
As part of the information gathering
effort supporting the Agency's review
of IRIS, a Federal Register notice was
published on February 25,1993
(58 FR 11490) that, among other things,
solicits public comments on the
review The notice also announces the
availability of a background paper
describing IRIS, its contents, and the
current processes used by the two
Agency work groups responsible for
developing the IRIS information
Interested persons are encouraged to
obtain a copy of the IRIS Federal
Register notice and companion
background paper
IRIS will continue to be an
impc-^nt EPA resource and a
successful public product of the
Agency. The consequence of that
success is a substantial responsibility
to provide the highest possible quality
and credible information to IRIS users
That responsibility is taken seriously
by the Agency as evidenced by the
current self-appraisal activities
(Editors' Note For further information an
haw to access IRIS and for a corn/ »/ the
Federal Register Notice on IRIS aiul the
IRIS Background Document, contact
IRIS User Support (staffed by Computer
Sciences Corjvralion). EPA Office of
Research and Development,
Environmental Criteria anil A^vssmtnl
Office (MS-190), Cinrimiah. Oil 45268,
Telephone (513) 569-7254, Fax (5/1)
569-7916)
22
EPA JOURNAL
JANUARY/FEBRUARY/MARCH 1993
-------
I5S
-------
I
Summing It All Up
• Public health agencies concerned with air quality perform risk
assessments to determine the increased risk of illness from a
specific human exposure to a toxic air pollutant.
• Risk assessment is a four-step process: (1) hazard identification,
(2) exposure assessment, (3) dose-response assessment..' nd
(4) risk characterization.
• Hazard identification describes the illnesses caused by a toxic
air pollutant and the amount of evidence for those illnesses.
• The size of the increased health risks depends on the exposure
level and duration, as well as the number of people exposed.
These are estimated as part of the exposure assessment.
• The dose-response assessment estimates the dose-response
relationship, which mathematically shows the change in the
likelihood of health effects with changes in the levels of exposure
to a toxic air pollutant.
• The risk characterization uses the above assessments to
describe the type and r .e of any increased risk expected as a
result of exposure to tr air pollutant. It also includes a discussion
of the uncertainties associated with the risk estimates.
For More Information—
Chemical Exposures: Effects on
Health. Fact Sheet CC.
Write to: Dr. Maria Pavlova, U.S.
EPA, 26 Federal Plaza. Rm. 737,
New York. NY 10278.
Elements of Toxicology and Risk
Assessment. Write to: Environ
Corporation, 1000 Potomac St.,
NW, Washington. DC, 20007.
The Risk Assessment Manual: A
Guide to Understanding and Using
Health and Environmental
Assessments, by B Brockband, J
Cohrsson, and V T Covello Pub-
lished by the Council on Environ-
mental Quality, NTISN9PB89-
137772KNK. Write to: National
Technical Information Service, 5285
Port Royal Rd., Soringfield, VA
22161. $17.50 charge.
Toxicology for the Citizen, by Alice
E. Marczewski and Michael Kamrm.
Write to: Center tor Environmental
Toxicology, Michigan State
University, C231 Holden Hall, East
Lansing, Ml 48824. $1.00 charge.
Air Pollution. Fact Sh jet LL.
Write to: Dr. Maria Pavlova. U.S.
EPA, 26 Federal Plaza, Rm. 737.
New York, NY 10278.
The Process of Risk Assessment
and Risk Management. Fact Sheet
BB Write to: Dr Maria Pavlova,
U.S EPA, 26 Federal Plaza, Rm.
737, New York, NY 10278. Free.
Glossary of Terms Related to
Health Exposure, and Risk
Assessment. EPA Air RISC.
Call (919) 541 -0888.
11
I OVFRNMFNT PRINTING OFflCl tVH - *17-OW/170n
United States Air Risk Information EPA 450/3-90-024
Environmental Support Center March 1991
Protection Agency Research Triangle Park NC 27711
SERA Risk Assessment
for Toxic Air
Pollutants
A Citizen's Guide
1- u
WWii
//Mr
AMI
-AIR RISK INFORMATION SUPPORT CENTER
P
-------
Introduction
What are Toxic Air Pollutants?
Toxic air pollutants are poisonous substances in the air that come
from natural sources (for example, radon gas coming up from the
ground) or from manmade sources (for example, chemical
compounds given off by factory smokestacks) and can harm the
environment or your health. Inhaling (or breathing) toxic air
pollutants can increase your chances of experiencing health
problems. For example, inhaling the benzene fumes that are given
off when you pump gas into your car can increase your chances of
experiencing health effects that have been associated with exposure
to benzene, such as leukemia.
What are Health Risks?
Health risks, put simply, are a measure of the chance that you will
experience health problems. Exposure to toxic air pollutants can
increase your health risks. For example, if you live near a factory
that releases cancer-causing chemicals and inhale contaminated air,
your risk of getting cancer can increase. Breathing air toxics could
also increase your risk of noncancer effects such as emphysema or
reproductive disorders.
Noncancer Risks
Health reference levels refer to exposure levels that will not cause
significant risks of noncancer health effects. Long-term exposure to
levels below these levels are assumed to produce no ill effects.
Health reference levels are an example of one index that govern-
ment agencies use in characterizing noncancer health risks. These
levels are generally developed from exposure levels that do not
produce il1 eft acts in experimental animals. These exposure levels
are adjusted to account for animal-human differences (such as
breathing rate) and for underlying uncertainties (such as the
difference in sensitivity between healthy adults and more sensitive
people like children and the elderly).
Risk analysts then compare the health reference levels with the
exposure estimates to determine how many people are exposed to "
concentrations higher than the health reference level. Some of these
people might experience ill effects.
Uncertainty in Risk Estimates
Although scientists can estimate risks caused by toxic air pollutants
in animals experimentally or in humans who have unusual
exposures, converting these estimates to those expected in people
under a wide range of conditions is difficult, and can be misleading.
By their nature, risk estimates
cannot be completely
accurate. The main problem
is that scientists don't have
enough information-on actual
exposure and on how toxic
air pollutants harm human cells. The exposure assessment often
relies on computer models when the amount of pollutant getting from
the source(s) to people can't be easily measured. Dose-response .
relationships .often rely on assumptions about the effects of
pollutants on cells for converting results of animal experiments at
high doses to human, exposures at low doses.
When information is missing or uncertain, risk analysts generally
make assumptions that tend to prevent them from underestimating
the potential risk — that is, these assumptions provide a margin of
safety in the protection of human health.
10
-------
Exposure Assessment
or, How Much of a Pollutant Do People Inhale During a Specific Time Period?
Exposed Person's
Concentration, C
nnnn
annn
An exposure assessment estimates how much of a pollutant people
inhale during a specific time period, as well as how many people are
exposed.
There are many sources of toxic air pollutants. For example, they
can come from a factory smokestack or from thousands of
automobiles crossing a busy intersection each day. So the first step
in an exposure assessment is to decide which sources are giving off
the pollutant of concern.
Once the identity and location of the source(s) are known, the next
step is to determine the amounts of the toxic air pollutant released in
a specific time period and how it moves away from the source(s).
Engineers use either monitors or computer models to estimate
the amount of pollutant released from the source and the amount of
pollutant at different distances from the source. Monitors are used
to sample the air and measure how much of the pollutant is present.
Computer models use mathematical equations that represent the
processes that occur when a facility releases a pollutant and also the
movement of pollutants through the air. Factors such as distance
from the source to exposed persons, wind speed and direction, and
smokestack height (for factories) affect these estimates.
The number of people exposed at different distances from the site of
release can be estimated with computer models that use information
from the census and from maps. Some models can even estimate
exposures for the different places people are each day—including •
indoor, automobile, outdoor, and workplace exposures.
The final step in an exposure assessment is to estimate the amounts
each person inhales. To do this, scientists combine estimates of
breathing rates and lifespan of an average person with estimates of
the amount of pollutant in that person's air.
-------
se-Response Assessment
or, What Are the Health
Problems at Different Exposures?
How Toxic Air Pollutants
Move Through the Body
Entering the Body. Toxic t.ir
pollutants get into the body nr.ainly
through breathing. They can also be
ingested (for example, children eating
soil contaminated with lead) or
absorbed through the skin.
Movement and Changes in the
Body. Once a pollutant enters the
body it can stay in the lungs (like
asbestos), be exhaled, or move into
the blood from the lungs (like the
oxygen we breathe) or from the
digestive system or skin. In the blood
it is carried to all parts 01 the body. As
it moves around the body, a pollutant
can undergo chemical changes,
especially as it passes'through the
liver, becoming less, or more, toxic.
Fate. The pollutant can be exhaled, it
can leave the body in urine, bowel
movements, sweat, or breast milk, or
it can be stored in hair, bone, or fat.
How Toxic Air Pollutants
Change the Way the Body Works
Toxic air pollutants can cause health problems by interfering with
normal body functions. Most commonly they change chemical
reactions within individual cells, the building blocks of living things.
These changes can kill cells, impair cell function, or redirect cell
activity. The results can be damaged organs, birth defects when the
cells of an unborn child are damaged, or cancer that develops when
cells begin to grow at an uncontrolled rate.
Weight of Evidence for Health Problem*
of Concern
Possibly Causes Cancer
One good animal study,
no human studies
Probably Causes Cancer
In a hazard identification, scientists
evaluate all available information
about the effects of a toxic air
pollutant to estimate the likelihood
that a chemicil will cause a certain
effect in hur i s. The better the
evidence, the more certain scientists
can be that a toxic air pollutant
causes specific health problems.
The amount, type, and quality of
evidence are all important.
The best type of evidence comes
from human studies. This evidence
may be in the form of case reports,
such as physicians' reports of an
unusual number of cases of a
specific illness. Other more formal
studies can be done that compare
the number of cases of a particular
illness in groups of people with
different levels of exposures (for
example, cases of leukemia in
rubber manufacturing workers).
Because human information is very
limited for most toxic air pollutants,
scientists often conduct studies on
laboratory animals, such as rats.
Animal studies are performed under
controlled laboratory conditions.
Scientists can study a variety of
health effects by exposing animals
to pollutants a* varied concentra-
tions and for v ied time periods.
When relying on animal studies only,
scientists need to be satisfied that
health effects in humans are likely to
be the same a those in the animals tested. Scientists try to use
animal species with body functions that are similar to humans.
Some evidence in
human studies, or two or
more good animal studies
Known to Cause Cancer
Good evidence
in human studies
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Hazard Identification
or, What Health Problems Are Caused
by the Toxic Air Pollutant?
Health Problems of Concern
The toxic air pollutants of greatest concern are those ;hat cause
serious health problems or affect many people. Hee* h problems
can include cancer, respiratory irritation, nervous sysi Jin problems,'
and birth defects.
Some health problems occur very soon after a person inhales a
toxic air pollutant. These immediate effects may be minor—such as
watery eyes. Or they may be serious, such as life-threatening lung
damage.
Other health problems may not appear until many months or years
after a person's first exposure to the toxic air pollutant. Cancer is
one example of a delayed health problem.
Dose-Response Relationships
The dose-response relationship for a specific pollutant describes the
association between exposure and the observed response (health
effect). In other words, it estimates how different levels of exposure
to a pollutant change the likelihood and severity of health effects.
Just as in the hazard identification, scientists use results of animal
and human studies to establish dose-response relationships.
Cancer
Response . .
Dose
Pose-Response Relationship for
Cancer
Non-
cancer
Response
Dose
Dose-Response Relationship for
Noncancer Effects
Dose-response relation-
ship for cancer. In the
absence of clear evidence to
the contrary, EPA assumes
that there are no exposures
that have "zero risk"—even
a very low exposure to a
cancer-causing pollutant can
increase the risk of cancer
(albeit a small amount).
EPA also assumes that the
re itionship between dose
a J response is a straight
line—for each unit of
increase in exposure (dose).
there is an increase in
cancer response.
Dose-response relation-
ship for noncancer effects.
A dose may exist below
which no adverse effects
o- -ur. EPA typically
a ,umes that at low doses
the body's natural protective
mechanisms ?pair any
image caused by the
pollutant, so there is no ill
effect at low doses.
However, for some
substances noncancer
effects may occur at low
doses. The dose-response
relationship (the response
occurring with increasing •
dose) varies with pollutant,
individual sensitivity, and
type of health effect.
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rtisk Characterization
or, What Is the Extra Risk to Health?
Risk information is presented in different ways to illustrate how
individuals or populations may be affected. Some of the most
common risk measures are described here.
Maximum Individual Lifetime Cancer Risks
Combining the results of the exposure assessment and the dose-
response assessment gives an estimate of the increased lifetime
risk of cancer for an individual exposed to the maximum predicted
long-term concentration.
Maxttnum
Distribution of Individual Risks
Many people may be exposed to less than the maximum level.
Depending on the amount of exposure, an individual's risk of cancer
will vary. The distribution of individual risk is usually expressed as the
number of people estimated to
be at various levels of risk.
Population
Cancer Risks
Distributions of individual risk
are used to calculate population
risk. The population cancer risk
is. usually expressed as the
expected increased incidence
of cancer (that is, the number of
new cases each year) for all
peopfe exposed to the pollutant.
For example, the estimated
population cancer risk may be
the number of new cancer
cases per year expected
among residents within 30
miles of a certain large source.
Distribution of Individual Risk
PredKted
Cancer Cases
What is Risk Assessment?
Risk assessment is one tool used in risk management. It is the
process that scientists and government officials use to estimate the
increased risk of health problems in people who are exposed to
different amounts of toxic substances.
A risk assessment for a toxic air pollutant combines results of
. studies on the health effects of various animal and human
exposures to the pollutant with results of studies that estimate the
level of people's exposures at different distances from the source of
the pollutant.
The 4-Step Risk
Hazard
Identification
What health problems
are caused by the
pollutant?
Exposure
Assessment
How much of the pollutant dp
people inhale during a specific/
time period? How many
people are exposed?
Dose-Response
Assessment
What are the health
problems at different
exposures?
Risk
Characterization
What is the extra risk of
health problems in the
exposed population?
While the estimates provided by these risk assessments are far from
perfect, they do help scientists evaluate the risks associated with
emissions of toxic air pollutants. Using risk estimates and other
factors, the government can set regulatory standards to reduce
people's exposures to toxic air pollutants and reduce the risk of
experiencing health problems.
-------
SUMMARY OF DATA DEVELOPMENT AND
INFORMATION GATHERING/MONITORING
AUTHORITIES IMPLEMENTED BY THE
CHEMICAL TESTING AND INFORMATION
BRANCH/CCD/OPPT
and
STA1 \JS OF ACTIONS UNDER DEVELOPMENT
OR RECENTLY COMPLETED
(9/2/93)
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DATA DEVELOPMENT
(CHEMICAL TESTING)
ACTIVITIES
-------
DATA DEVELOPMENT ACTIVITIES (CHEMICAL TESTING)
Section 2(b) of-the Toxic Substances Control Act (TSCA)
"It is the policy of the United States that adequate data should be developed with
respect to the effect of chemical, substances and mixtures on health and the environment
and the development of such data be the responsibility of those who manufacture and
those who process such chemicals and mixtures."
OPPT'S TSCA Chemical Testing Themes for the 90's
• Increase the overall productivity of the Chemical Testing Program ~ get more
chemicals tested
• Establish a clear chemical testing agenda and publicize that agenda vi*» a Master
Testing Li-l
• Ensure that testing under TSCA is directed toward meeting real data needs, not just
filling data gaps
• Apply a combination of formal test rules, enforceable consent agreements and
voluntary approaches to meet testing needs
• Consider the role of pollution prevention initiatives as a possible substitute for or
adjunct to some types of testing
• Promptly review/evaluate test results and improve public access to test data and
EPA reviews
Role of the Interagencv Testing Committee (ITC)
• As required by TSCA, ITC recommends/designates chemicals for testing to EPA
• ITC is required under TSCA §4 to establish a Priority Testing List and update the list
in a formal report to EPA every 6 months
• ITC can designate chemicals for which EPA must respond within 12 months
• Designates on the Priority Testing List are limited to 50
• In recent years, ITC has begun coordinating with and identifying the data needs of
other Federal Agencies
• ITC designated chemicals are immediately added to the Master Testing List (MTL)
and TSCA §8(a) and §8(d) information gathering activities are initiated as
appropriate
IU
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Master Tasting List (MIL) (57 FR 61240; Dec. 23, 1992)
PURPOSE: Establish a clear chemical testing agenda by:
• Identifying chemical testing needs of Federal Government and international
programs of interest to the U.S.
• Focussing limited EPA resources on the highest priority chemical testing needs
• Identifying and publicizing OPPT's testing priorities for industrial chemicals
• Obtaining broad public input on OPPT's Chemical Testing Program and its priorities
• Encouraging chemical industry initiatives to conduct testing designed to address
and fill the data needs identified on the MTL
\
• OPPT has been using the MTL since 1990 to establish the chemical te.«t{ng agenda
• MTL now contains more than 320 specific chemicals and 9 categories - all active
except for one category
• Placing chemicals on the MTL occurs via OPPT's Existing Chemical process - RM
decisions
• All testing actions will come from the MTL
Integration of Existing Chemical/Chemical Testing Programs
• Decisions concerning testing actions are fully integrated into the OPPT Existing
Chemical Program (ECP) review process
• Testing action development teams as well as RM-1 test data review teams are
established via ECCG mechanism
• The following RM-2 Cases have testing components
Polychlorinated Dioxins/Furans - Pulp/Paper Mill Sludge
Formaldehyde
. Refractory Ceramic Fiber
Indoor Air Source Characterization: Carpet/Carpet Products
TSCA Chemical Testing Actions (3 Mechanisms)
Formal TSCA §4 Test Rules
Negotiated Enforceable Consent Agreements
Voluntary Testing Initiatives
-------
TSCA S4 Test Rules
• Requires Notice/Comment rulemaking - time consuming
• EPA must make statutory "A" and/or "B" findings
"A" Finding - may present an unreasonable risk
"B" Finding - exposure based
• Must make data inadequacy/testing is necessary finding
• Requires testing via EPA-approved test methodologies
• Sometimes adversarial relationship with chemical industry
• TSCA % 12(b) export notice requirements are triggered
• Allows little recognition for industry efforts
TSCA §4 Testing Authority: Findings
Either -
• Activities involving the chemical may present an unreasonable risk ("A" Finding), cr
• Chemical is produced in substantial quantities, and either enters the environment in
substantial quantities fl£ there is substantial ox significant human exposure ("B"
Finding)
AM-
• Data are inadequate for risk assessment
And-
• -Testing is necessary to develop the needed data
Ifcfl
-------
TSCA S4 Testing Authority; "A" Finding (TSCA §4(a)(1)(A))
• D.C. Circuit Court Decision on 2-Ethylhexanoic Acid (CMA v. EPA, 859 F.2d 977
(D.C. Cir. 1988)) provides guidance for making an "A" Finding
• Because an "A" Finding-based TSCA §4 Test Rule is risk based and exposure is a
component of risk, some possibility of exposure must be demonstrated by EPA
• The D.C. Circuit Court stated that EPA could rely upon inference to establish the
possibility of exposure as long as the evidence (including that obtained from the
industry), indicates that the probability of exposure is more than theoretical; the
exposure component can also be based on a non-recurrent or brief exposure if the
evidence supports a finding that such exposure may pose unreasonable risk
TSCA 14 Testing Authority: "B" Finding (TSCA i4(aim(B» .
• 5th Circuit Court decision on cumene (CMA v. EPA, 899 F.2d 344 (5th Cir. 1990))
remanded the rule to EPA to articulate criteria for making TSCA S4(a)(1)(B) findings
• The following "B" criteria were articulated as EPA policy upon recent FR publication
(58 FR 28736; May 14, 1993):
Substantial production - 1 million pounds AND
Substantial release - 1 million pounds or
10% of production OR
Substantial human exposure - 1,000 workers or
10,000 consumers or
100,000 general population OR
Significant human exposure - case-by-case
-------
Negotiated Enforceable Consent Agreements
• Requires agreement between EPA, industry, and other interested parties on what
testing must be conducted
• Greater flexibility in the design of the testing program
• Statutory "A" or "B" findings not required
• EPA/industry relationship typically not adversarial
• Allows greater recognition for industry efforts
• Takes less than 1 year to begin testing
• TSCA § 12(b) export notification still required
• Industry can offer a balanced program combining testing with pollution prevention
and/or risk reduction
• In July 1992 (57 PR 31714), EPA announced an "Open Season" to encourage
industry to submit offers to conduct testing under Consent Agreement procedures
(40 CPR 790) on chemicals for which TSCA §4 Final Test Rules had not issued
• In response to its "Open Season" announcement, EPA received and evaluated
numerous initial testing offers/submissions and is actively negotiating testing
consent agreements on several chemicals and chemical categories
Voluntary Testing Agreements
• Requires industry to come forward with a voluntary testing program before EPA
contemplates rulemaking
• Testing conducted by guidelines of industry's choice
• EPA does not make any TSCA §4 findings
• The relationship between EPA and industry is generally cordial - agreement is
sometimes captured in a MOU
• Testing can begin immediately
• No TSCA §12(b) export notification requirement
• Industry can offer a balanced program combining testing with pollution prevention
and/or risk reduction with resulting recognition for stewardship activities
-------
Voluntary Testing; QECD HPV/SIDS Program
• Voluntary international cooperative testing program started in 1989
• Initial Focus: international high production volume (HPV) chemicals
• Low concern or well characterized chemical substances were sorted out
• Screening Information Data Set (SIDS) focus: developing base level test information
on approximately 600 poorly characterized chemicals
• SIDS test data set includes: basic chemistry, ennvironmental fate, environmental
effects and health effects
• Sharing the burden: U.S. is responsible for 25% of the chemicals
• SIDS data will be used to screen chemicals and set priorities for furthei testing or
assessment
• Progress to date:
SIDS testing completed on over 30 chemicals (more than 180 tests were
conducted)
Dossier development underway on over 100 chemicals
• - 60 chemicals scheduled to begin testing in June, 1993 and another set of ~ 60
chemicals is scheduled to begin testing in September, 1993
• SIDS has become an integral part of the U.S. domestic chemical testing program
Data Availability: Improving Access to TSCA § 4 Data
• TSCA Test Submissions (TSCATS) Database
• TSCA 14 Public Docket - EPA Headquarters
• EB Notice of Receipt of Test Data [TSCA §4(d)l
• NIOSH Registry of Toxic Effects of Chemical Substances (RTECS)
• RM1 Administrative Record - (Public Docket)
When testing is completed, all chemicals re-enter the Existing Chemicals
Program review process
Administrative record is opened for each RM1 case
Letter to the manufacturers and study sponsors
-------
CONCLUSIONS
• EPA has established and maintains a clear testing agenda via the Master Testing
List (MTU
• EPA has integrated testing into its Existing Chemicals Program
• More chemical testing is expected to be conducted
• International efforts such as OECD/SIDS are integral to the Chemical Testing
Program
• Future testing actions will involve a mix of test rules, enforceable negotiated
consent agreements, and voluntary agreements
• Industry has shown an increased willingness to conduct chemical testing
• Consent agreements and voluntary testing agreements offer an increased role for
pollution prevention and risk reduction measures as an offset to some testing
-------
INFORMATION GATHERING
AND MONITORING
ACTIVITIES
-------
INFORMATION GATHERING/MONITORING ACTIVITIES
TSCA Section 5 (a)(2) Significant New Use Rules (SNURs)
Under TSCA § 5(a)(2), EPA may promulgate rules which require persons to notify
the Agency at least 90 davs before commencing the manufacture, import and/or
processing of a chemical substance for a "significant new use."
A significant new use is a non-ongoing use that is determined by considering
factors including:
* the projected volume of manufacturing and processing of a chemical substance;
• the extent to which a use changes the type or form of exposure of human beings or
the environment to a chemical substance;
* the extent to which a use increases the magnitude and duration of exposure of
human beings or the environment to a chemical substance, and,
* the reasonably anticipated manner and methods of manufacturing, processing,
distribution in commerce, and disposal of a chemical substance.
PURPOSES OF A SNUR:
/
After a chemical is made the subject of a significant new use rule, industry must
inform EPA 90 days prior to manufacturing, importing, or processing the substance for the
designated "new use" through a significant new use notice (SNUN). The notice furnishes
EPA with the information needed to evaluate the intended use and associated activities,
and an opportunity to protect against potentially adverse exposure to the chemical
substance before it can occur. Note that SNURs themselves are not control actions. Once
EPA receives a SNUN, EPA can take regulatory action under TSCA sections 5(e), 5(f), 6,
or 7 to control the activities for which it has received a SNUN.
SOME OF THE INFORMATION RECEIVED WITH A SNUN:
CAS registry number
(potential) "use" information
molecular structural diagram;
impurities anticipated to be present;
known synonyms/trade names;
known or reasonably ascertainable health and safety data;
projected production data;
expected exposure data.
(See the PMN Form for additional data, requirements).
PERSONS REQUIRED TO REPORT:
Persons who manufacture, import, or process a subject substance for a designated
significant new use. '
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TSCA SECTION 8(a) INFORMATION RETENTION AND REPORTING AUTHORITY
Section 8(a) of TSCA gives EPA the authority to require, by rulemaking,
manufacturers, importers, and processors of chemical substances to maintain
records and/or report such data as the Administrator may reasonably require.
Examples of information that can be required include:
a. chemical or mixture identity;
b. categories of use;
c. quantity manufactured or processed;
d. byproduct description;
e. health and environmental effects;
f. number of individuals exposed;
g. methods of disposal.
Section 8(a) regulations can be tailored to unique information needs (e.g.,
via chemical specific rules) or information can be obtained through the use of
"model" or standardized reporting rules. Examples of model section 8(a) reporting
rules include the Preliminary Assessment Information Rule (PAIR) and the
Comprehensive Assessment Information Rule (CAIR).
-------
TSCA SECTION 8(a) PRELIMINARY ASSESSMENT INFORMATION RULE (PAIR)
PAIR (40 CFR 712, subpart B) is designed to gather information from certain
chemical manufacturers and importers of identified substances to support the
preliminary stage* of chemical assessment. Processors are not subject to PAIR.
Persons are required to report under the rule for each site of a subject chemical's
manufacture or import. Reporting takes place through the use of a two-page
reporting form.
Chemicals designated or recommended for testing by the Interagency
Testing Committee (ITC) are automatically added to the rule. Non-ITC chemicals
are added to the rule via notice and comment rulemaking.
Information gathered through the use of PAIR includes:
* Names and quantities of chemicals manufactured or imported for sale/use;
* Quantity of chemicals lost during manufacture and to the environment;
* Quantity of enclosed, controlled, and open releases of chemicals;
' Hours and total workers exposed per release.
Exemptions to reporting under the PAIR include (40 CFR 712.25);
* Manufacture or import only for research and development;
' Manufacture or import of less than 500 kilograms during the reporting period
of a listed chemical substancp at a single plant site;
* Small manufacturers or importers - defined as companies whose total
annual sales from all sites owned by the foreign or domestic parent were
below $30 million for the reporting period and who produced less than
45,400 kilograms of the listed substance at the plant site.
* Manufacture or import of the subject substance solely as an impurity, a non-
isolated intermediate, and under certain circumstances, as a byproduct.
-------
TSCA SECTION 8(a) COMPREHENSIVE ASSESSMENT INFORMATION RULE (CAIR)
CAIR (40 CFR 704, subparts C and D) is a standardized, flexible information
gathering toor. Manufacturers, importers, and/or processors of specifically listed
substances can be required to report under the CAIR. Persons are required to
report under the rule for each.site of a subject chemical's manufacture,.import,
and/or processing. The rule includes an extensive list of questions from which
different reporting requirements can be selected for different, specifically listed
chemicals. Information required under CAIR can be tailored to specific items of
interest to the data users. For example, CAIR question menus can be developed to
gather information specifically addressing such topics as
occupational/consumer/environmental exposure, pollution prevention, etc.
Types of information gathered bv CAIR can include:
* identification and characterization of manufacturers, importers, and •
processors;
* production volumes, trade names, and categories of uses;
* chemical composition and physical/chemical properties;
* environmental fate and environmental release;
• market values, production cost, and availability of substitutes;
* manufacturing process descriptions;
* waste generation, treatment, and disposal;
* worker exposure.
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TSCA SECTION 8(c) INFORMATION RETENTION AND REPORTING AUTHORITY
Under TSCA section 8(c), companies are required to record "allegations of
significant adverse reactions" to any substance/mixture that they manufacture, import*
process, or distribute. EPA's 8(c) rule (40 CFR part 717) requires manufacturers,
importers, and certain processors of chemical substances and mixtures to keep records
concerning significant adverse reaction allegations and report the records to EPA upon
notice in the Federal Register or upon notice by letter. The rule provides a mechanism to
identify previously unknown chemical hazards. It may reveal patterns of adverse effects
which otherwise may not be otherwise noticed or detected.
"Allegation" is defined as "a statement, made without formal proof or regard for
evidence, that a chemical substance or mixture that a chemical substance or mixture has
caused a significant adverse reaction to health or the environment." § 717.3(a).
"Significant adverse reactions" are defined as "reactions that may indicate a
substantial impairment of normal activities, or long lasting or irreversible damage to health
or the environment." §717.3(1).
Any person can make an allegation. Written and oral allegations are subject to 8(c).
Oral allegations must be transcribed either by the company or the individual; if transcribed
by the individual, they must be signed. § 717.10(b)(1)
To be recordable, allegations must implicate a substance that caused the alleged
reaction by naming either the specific substance, a mixture or article containing the
substance, or a company process in which substances are involved, or identifying a
discharge from a site of manufacture, processing, or distribution of the substance.
Examples of significant adverse reactions include (40 CFR 717.12):
• long-lasting or irreversible damage to human health;
* partial or complete impairment of bodily functions;
' impairment of normal activity by all/most persons exposed at one time/each time an
individual is exposed;
* gradual or sudden changes to animal or plant life in a given area;
* abnormal numbers of deaths/changes in behavior or distribution of organisms;
* long lasting or irreversible contamination of the physical environment.
Allegations exempted from the 8(c) rule include:
" those alleging "known human effects" as defined at § 717.3(c) (§ 717.12(b));
• adverse reactions to the environment 'f the alleged cause can be directly
attributable to an incident of environmental contamination already reported to the
Federal Government under any applicable authority (§ 717.12(d));
* anonymous allegations.
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TSCA SECTION 8(c) INFORMATION RETENTION/REPORTING AUTHORITY (Continued)
Recordkeeoina Requirements
Records must be kept at the company's headquarters or at a site,central to their
chemical operations. § 717.15(a). The record must contain (§ 717.15(b)):
' The original allegation as received;
' An abstract of the allegation and other information as described at
§ 717.15(b)(2);
' The results of any self-initiated investigation regarding the allegation;
* Copies of any further required allegations regarding the allegations (e.g., copies of
any required OSHA reports).
Records must be retrievable by the cause of the reaction (i.e., specific chemical
identity, mixture, article company process or operation, or site emission, effluent, or
discharge). Employee allegations must be kept for 30 years by the comoany. All other
claims must be held for 5 years by the company. § 717.15(d).
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TSCA SECTION 8(d) HEALTH AND SAFETY STUDY REPORTING
Under TSCA Section Sid), EPA may promulgate rules to require manufacturers, importers,
and processors to submit to EPA lists and/or copies of ongoing and completed, unpublished health
and safety studies. The TSCA section 8(d) Health & Safety Data Reporting Rule (40 CFR 716) was
developed to gather data on chemical substances and mixtures for which EPA requires health and
safety information in fulfilling the goals of TSCA (e.g. to support the testing program and set
priorities for risk assessment). Chemicals designated or recommended for testing by the
Interagency Testing Committee (ITC) may be automatically added to the rule (up to 50
substances/yr), Non-ITC chemicals are added to the rule via notice and comment rulemaking.
Persons who must report under the rule include (§ 716.51:
• Current and prospective manufacturers, importers, and processors.
* Persons who, in the 1 0 years preceding the effective date that a substance or mixture is
added to § 716.120, either had proposed to manufacture, import, or process, or had
manufactured, imported, or processed the substance 'or listed mixture.'
Reporting Period
Once a chemical substance or mixture is added to the rule, reporting obligations terminate
(i.e., sunset) no later than 10 years after the effective date of the listing of the substance or
mixture at i 716.120, or on the removal of the substance or mixture from the rule. S 716.65.
Reportable Studies
Unpublished studies on substances or mixtures listed at f 716.120 are potentially
reportable (i.e., studies may be subject to either copy submission requirements (S 716.30) or listing
requirements (f 716.35)). Generally, copies of studies possessed at the time a person becomes
subject to the rule must be submitted to the Agency, and the following categories of studies must
be listed:
1 ) studies ongoing as of the date a person becomes subject to the rule (copies must be
submitted when completed);
2) studies initiated after the date a person becomes subject to the rule (copies must be
submitted when completed);
3) studies which are known as of the date a person becomes subject to Part 716, but not
possessed; and
4) studies previously sent to Federal agencies without confidentiality claims.
The term "health and safety study" means "any study of any effect of a chemical
substance or mixture on health or the environment or on both," including:
• epidemiological studies;
* studies of occupational exposure to a chemical substance or mixture;
* toxicologies!, clinical, ecological, or other studies of a chemical substance or mixture; and
any test performed under TSCA.
*
Note that the term "health and safety data" is intended to be interpreted broadly.
Additional examples can be found at 40 CFR § 716.3. Several "Question and Answer" documents
are also available from EPA that contain further reporting guidance under Part 716 (available
through the Office of Pollution Prevention and Toxics' TSCA Information Service, 202-554-1404).
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TSCA SECTION 13 IMPORT CERTIFICATION
o U.S Customs promulgated the regulation to implement Section 13 of TSCA (19 CFR
12.118-through 12.127, and 12.128 [amended]) on August 1,1983. It became
effective on January 1,1984. '
o EPA issued a policy statement addressing the Customs regulation (40 CFR 707.20)
on December 13, 1983.
o Customs regulation requires importers of chemical substances' and mixtures to
certify on the invoice at the port of entry that either:
o The shipment is subject to TSCA and complies with all applicable rules and
orders thereunder; or
o The shipment is not subject to TSCA
O TSCA regulations that apply to imports include: . ...
o Section 5 Premanufacture Notification and Significant New Use Ruias
O Section 6 Rules
o Section 7 Judicial Actions
O Section 4 and 8 Rules"
o No certification is required for the following:
o Any food, food additive, drug, cosmetic or device, if accompanied by FDA
Form FD701
o Tobacco or any tobacco product
o A negative certification is required for:
o Any pesticide (except when accompanied by EPA Form 3540-1)
o Source material, special nuclear material, or by-product material
o Firearms and ammunitions
o Certification for chemical substances/mixtures imported as part of articles is not
presently required.
o A shipment may be detained or refused entry if certification is not made or if the
shipment is believed not to be in compliance with TSCA.
o Certification ia required for substances which are imported and are received by mail
or commercial carrier, including those intended for research and development.
o "Blanket" certification may be requested from the Customs District Director on an
annual basis to cover several shipments of the same chemical over a 1-year period.
• Microorganisms are "chemical substances' under TSCA.
* • Though importers must satisfy all applicable requirements of section 4 and 8 rules,
compliance with most provisions is not required at the time of certification.
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APPENDIX I
INFORMATION GATHERING/MONITORING ACTIVITIES
ONGOING AND RECENTLY COMPLETED CASES
1*3
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PROPOSED AMENDMENTS TO THE TSCA §8(a)
COMPREHENSIVE ASSESSMENT INFORMATION RULE
The Comprehensive Assessment Information Rule (CAIR) was promulgated on
December 22, 1988 under Section 8(a) of the Toxic Substances Control Act (TSCA). The
rule established a general framework for detailed reporting on chemical substances by
manufacturers, importers, and processors. Nineteen substances were listed on the initial
CAIR.
Subsequently, EPA received a Petition for Reconsideration from the Synthetic
Chemical Manufacturers Association (SOCMA) asking EPA to reconsider certain aspects of
the CAIR in order to reduce the burden of reporting. In addition, a Petition for Judicial
Review was filed by CMA and the Society of the Plastics Industry (SPI). That litigation is
currently stayed pending publication of the proposed amendments to the CAIR.
The Agency published a "Request for Additional Comments" on the CAIR in the
Federal Register of July 13, 1989 in response to the concerns raised by SOCMA, CMA,
and SPI. The proposed amendments refect EPA's consideration of the petit^ner's
concerns and the comments received in response to the Federal Register request, as well
as other changes EPA found desirable.
The subject amendments would:
o piovide exemptions for persons who manufacture or process a CAIR listed
substance in annual quantities of less than 10,000 IDS., and for persons who
manufacture or process a mixture containing a concentration of less than 1.0% of a
listed substance, or 0.1 % if the listen substance is a carcinogen;
O modify the trade name reporting requirements to prevent possible inadvertent
disclosure of confidential business information (CBI);
O modify the requirements for substantiation of confidential business information
(CBI) to exclude process and financial information from substantiation at the time of
submission*;
0 establish automatic reporting (i.e., without notice and comment rule-making) for a
defined set of CAIR questions for substances which are added to the section 4(e)
Priority List by the Interagency Testing Committee (ITC); and make other minor
changes.
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TSCA §8(a) PAIR and §8(d) HEALTH AND SAFETY DATA
REPORTING RULES FOR ITC SUBSTANCES
SUMMARY of MECHANISM
Section 4(e) of TSCA established the Interagency Testing Committee (ITC) and
authorized it to recommend chemicals to be given priority consideration in proposing test
rules under TSCA section 4. EPA must i aspond to the ITC's designations within 12
months by either initiating rulemaking or explaining its reasons for not doing so. To
support ITC recommendations and EPA's response to ITC designations, EPA collects health
and safety data using direct final rules under the TSCA section 8(d) model rule (40 CFR
716) and exposure data using the Preliminary Assessment Information Rule (PAIR, 40 CFR
Part 712).
STATUS
28th ITC: Expected publication early September 1993
29th ITC: Published March 12, 1993 (58 FR 13556)
30th ITC: Published May 14, 1992 (58 FR 28511), amendment early September 1993
31st ITC: Expected publication late September 1993
32nd ITC: Expected publication late September 1993
-------
ALKALI METAL NITRITES;
TSCA S5(A)(2) FINAL SIGNIFICANT NEW USE RULE (SNUR)
(40 CFR PART 721)
DESCRIPTION
This final significant new use rule (SNUR), published May 12, 1993, requires
persons to notify EPA at least 90 days before commencing the manufacture, import, or
processing of alkali (e.g., sodium or potassium) metal nitrites (AMNS) for use as an
ingredient in metalworking fluids (as defined in 40 CFR 721.3) containing amines
(MWFAs).
REASONS FO PROMULGATING THE SNUR
OPPTS believes this SNUR is necessary because AMNs, when used as an ingredient
in amine-containing metalworking fluids, have a high potential to form nitrosamines, which
are believed to be among the more potent human carcinogens.
Activities associated with the use of AMNs as an ingredient in MWFAs may result
in significant human exposure to nitrosamines and pose a significant hazard to human
health. The required notice will provide EPA with the opportunity to evaluate the intended
use and associated activities, and an opportunity to protect against potentially adverse
exposure to the nitrosamines before it can occur.
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2,3,5.6-TETRACHLORO-2,5-CYCLOHEXADIENE-1,4-DIONE (CHLORANIL);
PROPOSED TSCA §5(A)(2) SIGNIFICANT NEW USE RULE
(40CFR PART 721)
DESCRIPTION
Chlorinated dibenzodioxins and dibenzofurans can be produced as inadvertent
byproducts during the manufacture or processing of chloranil. These contaminants have
the potential for causing toxic effects to human health and the environment at very low
levels. The proposed significant new use rule, published on May 12, 1993, will require
persons to notify EPA at least 90 days before commencing the manufacture, import, or
processing, for any use, of chloranil containing certain chlorinated dibenzo-p-dioxins
(COOs) and chlorinated dibenzofurans (CDFs) in amounts that are greater than 20 parts per
billion (ppb).
REASONS FOR PROPOSAL
The required notice will allow EPA to evaluate the risks associated with the
intended use and related activities, and provide EPA the opportunity to protect against any
unreasonable risks from CDO/COF exposure.
Currently, all chloranil used in the United States is imported. Until recently, this
chloranil was contaminated by CDDs and CDFs to a level of approximately 3100 ppb
TCDO TEQ. EPA believes all presently imported chloranil is contaminated to 20 ppb TCDD
TEQ or less. In addition to providing EPA with the opportunity to evaluate a new use and
take action to prevent unreasonable risks, this SNUR encourages source reduction by
creating a disincentive for the future import, manufacture, or processing of chloranil
containing CDDs/CDFs in amounts greater than 20 ppb.
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TSCA S 8(e) "SUBSTANTIAL RISK INFORMATION' REPORTING -
NOTICE OF CLARIFICATION AND SOLICITATION OF PUBLIC COMMENT
DESCRIPTION
TSCA section 8(e) requires that any person who manufactures, processes, or
distributes in commerce chemical substances and mixtures and who obtains information
that "reasonably supports the conclusion that such chemical substance or mixture
presents substantial risk of injury to human health or the environment" to immediately
notify EPA. The TSCA section 8(e) "Notice of Clarification and Solicitation of Public
Comment," published on July 14, 1993, would amend certain aspects of the 1978 TSCA
Section 8(e) Interpretive Policy regarding the types of information that EPA considers
reportable under section 8(e), the "substantial risk" reporting provision of TSCA, and
describes the procedures for reporting such information to EPA.
OPPT is pursuing these amendments to its 1978 Policy in response to questions
raised by companies considering participating in OPPT's Section 8(e) Compliance Audit
Program (CAP). OPKT has determined that parts of the 1978 Policy Statement concerning
the reportability of information on "widespread and previously unsuspected distribution in
environmental media" and "emergency incidents of environmental contamination" need
some refinement. The subject Federal Register notice solicits comment on: (1) refined
reporting guidance concerning "widespread and previously unsuspected distribution in
environmental media"; (2) additional circumstances where information is not reportable
because it is considered already known to the Administrator; and (3) changes to the
section 8(e) reporting deadline. Additionally, the notice states that refined reporting
guidance on emergency incidents of environmental contamination under section 8(e) will
be developed, as appropriate, by the Office of Solid Waste and Emergency Response.
Finally, the notice reaffirms the standards for claims of confidentiality for information
contained in a notice of substantial risk under section 8(e).
[Note: The responsibilities associated with implementing TSCA section 8(e) have been
moved to the Chemical Screening and Risk Assessment Division (CSRAD/OPPT).
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TSCA !12(b) EXPORT NOTIFICATION RULE
40 CFR 707 Subpart D
EXPORTER RESPONSIBILITIES
Any person who exports or intends to export a chemical substance or mixture:
O for which the submission of data is required under section 4 or 5(b),
O for which an order has been issued under section 5,
O for which a rule has been proposed or promulgated under section 5 or 6, or
O with respect to which an action is pending, or relief has been granted under section
5 or 7, must so notify the EPA Administrator.
Timing of Exporter's Notice
O For substances the subject of TSCA section 5, 6, or 7 actions, the exporter must
submit a notice to EPA of the first export within the calendar year per subject
chemical per country of import, for substances the subject of TSCA section 4
actions, the exporter must submit a notice to EPA of the first export after January
of 1994 (not per calendar year) per subject chemical per country of import.
O The notice must be postmarked within seven days after accepting a definite
contractual obligation to export or an equivalent intracompany agreement to export.
O Where the actual export occurs less than seven days after the export obligation or
agreement has been executed, the notice must be submitted to EPA no later than
the same day as the export.
Content of Exporter's Notice
The notice must be submitted by letter to EPA and include the following information:
O Name and address of the exporter;
O Name of the chemical substance or mixture;
O Date(s) of export or intended export;
O Country (countries) of import;
O Section of TSCA (4, 5, 6, or 7) under which EPA has taken action.
ERA'S RESPONSIBILITIES
Timing
EPA must send a notice to the government of the importing country no later than five
working days after receipt of the first annual notification from the exporter for each
regulated chemical.
-------
TSCA §12(b) EXPORT NOTIFICATION RULE
40 CFR 707 Subpart D (Continued)
ERA'S RESPONSIBILITIES (Continued)
Content of Notice
The EPA notice to the importing government includes the following information:
O Identification of the regulated chemical;
O Summary of the EPA regulatory action taken, or an indication of the availability of
data under TSCA section 4 or 5(b);
O EPA official to contact for further information; and
O Copy of the pertinent Federal Register notice.
[Note: The responsibilities associated with implementing the TSCA section 12(b) program
have been consolidated in the Environmental Assistance Division (EAD/OPPT).
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APPENDIX II
CHEMICAL TESTING PROGRAM ACTIVITIES
ONGOING AND RECENTLY COMPLETED CASES
\<\\
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TSCA S4 MULTI-CHEMICAL NEUROTQXICITY END-POINT FINAL RULE
BACKGROUND
s
EPA believes, and is supported by an Office of Technology Assessment (OTA) report, that
there are insufficient data available on the neurotoxic effects of many chemicals to which
there is widespread exposure.
The data resulting from this rule will help EPA determine if exposure to certain high-volume
chemicals may present an unreasonable risk of neurotoxicologic injury.
STATUS
The Neurotoxicity End-Point Final Rule covering 10 chemical solvents was published on 27
JUL 93 (58 FR 40262).
This model end-point rule will facilitate the development of future requirements for
neurotoxicological testing by simply adding chemicals of concern directly to the rule.
TSCA S4 MULTI-CHEMICAL DEVELOPMENTAL TQXICITY/
REPRODUCTIVE TQXICITY END-POINT FINAL RULE
BACKGROUND
Although available studies suggest that the chemicals in this rule may have an adverse
effect on development and/or the reproductive system, OPPT currently believes that there
are insufficient data available to adequately assess the health risks in light of the existing
potential for exposure to these chemicals; the data resulting from this rule are expected to
enable EPA to assess such risks.
STATUS
Final Rule on 9 chemicals is currently in the post-workgroup stage of development.
This rule will facilitate development of future reproductive/ developmental toxicity testing
by simply adding the chemicals of concern directly to the rule.
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TSCA J4 FINAL TEST RULE FOR OFFICE OF WATER/EPA
BACKGROUND
The 4 chemical substances covered by this final test rule are unregulated drinking water
contaminants. The test data are needed by EPA's Office of Water (OW) in order to
develop 1-day, 10-day and lifetime "Health Advisories" which are used by operators of
drinking water systems and other public officials to determine the risks associated with a
chemical spill that enters drinking water.
STATUS
In December 1992 during Red Border review, OW withdrew its offer to publish the test
guidelines under OW regulations thereby necessitating a search for another approach for
making the test guidelines available to the public. OPPT decided that modifications to
existing TSCA test guidelines would solve this problem; the final rule was sent to OPPE in
early June 93 for clearance to go to OMB.
TSCA §4 DIOXIN/FURAN FINAL TEST RULE
BACKGROUND
This TSCA §4 rule was promulgated due to EPA's concern for chlorinated and brominated
dibenzo-p-dioxins (D) and dibenzofurans (F) contamination of certain organic chemicals.
The rule requires additional exposure and process information reporting if required analyses
show that D/F levels exceed target levels of quantitation (LOQs) specified in the rule. A
Consent Decree for this rule requires that within 180 days after submission of test data,
EPA must notify both the Environmental Defense Fund (EDF) and the National Wildlife
Federation (NWF) of the Agency's decision (1) to commence a risk assessment, (2) not to
commence a risk assessment, or (3) to request additional information from the companies
conducting the testing.
STATUS
Of the 9 chemicals covered by this §4 rule, 4* still have analytical data remaining to be
submitted by at least one company. Octabromodiphenyl oxide and decabromodiphenyl
oxide have quantifiable D/F levels above and below the test rule target LOQs, respectively,
and have been forwarded to RM-1. Most of the analytical tests required by the rule should
be completed by the end of the year. The D/F risk assessment activities will likely
continue into FY-94.
• Chloranil
2,4,6-Tribromophenol
• Decabromodiphenyl oxide
Octabromodiphenyl oxide
* Pentabromodiphenyl oxide
1,2-Bis(tribromophenoxy)ethane
' Tetrabromobisphenol A
Tetrabromobisphenol A ally! ether
Tetrabromobisphenol A bis(ethoxylate)
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TSCA §4 PROPOSED TEST RULE - ITC 27th REPORT
BACKGROUND
In its 27th Report, the Interegency Testing Committee (ITC) designated 5 chemicals for
testing on the basis of Integrated Risk Information System (IRIS) listing and need for better
reference values.
STATUS
The Proposed Test Rule has been revised in response to comments received during Red-
Border review and is expected to publish early this fall. A variety of ecotoxicological,
chemical fate and health effects tests will be proposed by OPPT for acetophenone, phenol,
ethyl acetate, N,N-dimethyl aniline, and 2,6-dimethylphenol.
ITC 28th REPORT
BACKGROUND
In its 28th Report, the Interagency Testing Committee (ITC) designated 6 chemicals for
testing on the basis of IRIS listing and needs for better reference values.
In early 1993, OPPT received letters from CMA confirming its intention to develop
OECD/SIDS dossiers on 4 chemicals designated in the ITC's 28th Report (n-butyl alcohol,
isobutyl alcohol, 2-diethylhexyl adipate and acetone). CMA also indicated that because
the obligation to complete the SIDS program on dimethyl terephthalate currently falls upon
Italy (Phase.2), a CMA commitment letter for testing this chemical was not needed by
EPA.
STATUS
In its 32nd Report to EPA, the ITC removed its designations for n-butyl alcohol, isobutyl
alcohol, ^diethylhexyl adipate, and dimethyl terephthalate. The ITC did not remove its
designation of acetone. OPPT is proceeding with §4 rulemaking to obtain health effects,
ecotoxicity and fate testing on thiophenol.
-------
ITC 31st AND 32nd REPORTS
BACKGROUND
On January 28, 1993, EPA received ITC's 31st Report designating a group of 24
chemicals of regulatory interest to OSHA for dermal absorption testing. On June 2, 1993
EPA received ITC's 32nd report designating a group of 34 chemicals of regulatory interest
to OSHA for dermal absorption testing. .
STATUS
OPPT, in conjunction with other EPA Offices, other Federal agencies and the ITC,
developed a dermal absorption testing protocol that was recently proposed in the FR for
use in an anticipated enforceable TSCA §4 consent agreement with industry to conduct
the needed testing.
The possibility of a consent agreement to test these chemicals did not materialize,
therefore rule development has been initiated for a consolidated list of 58 cl".--micals on
which we will require dermal absorption testing to be conducted via the protocol
developed by the interagency workgroup.
PERSISTENT BIO ACCUMULATORS
BACKGROUND
Many chemical substances that both persist and bioaccumulate have been found to
present significant environmental problems. An emerging concern especially in OW is
focussed on sediments contaminated with chemicals having these properties.
STATUS
OPPT is preparing hazard and exposure information profiles on over 30 chemicals
suspected to have persistence and bioaccumulative properties and may present significant
environmental risks.
OPPT plans to require the development of ecotoxicity and environmental fate data on a
sub-set (-7-10) of these chemicals where data is inadequate to support more
comprehensive risk assessments.
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"SCREENING" THE TRI CHEMICALS
BACKGROUND
The Toxics Release Inventory (TRI) was established under §313 of the Emergency Planning
and Community Right-to-Know Act (EPCRA). OPPT has been screening the highest
production/highest release chemicals on TRI. Testing will be considered for those chemical
substances for which a full set of screening level data is not available.
STATUS
Formal commitments have been obtained by OPPT from CMA to conduct voluntary
OECD/SIDS-type tests on at least 10 high production/high release TRI chemicals.
At a meeting in late March 1993, OPPT staff supplied CMA with a list of 15 TRI chemicals
culled from a larger list of 67 high production/high release chemicals. In addition, CMA
was given a list of 9 TSCA §4 chemicals from the list of 67.
OPPT is supplying further information to CMA to facilitate their decision-making.
According to CMA, at least one industry group is eager to start preparing SIOS dossiers.
CAAA AIR TOXICS CHEMICALS
BACKGROUND
Data are needed by EPA's Office of Air and Radiation (OAR) to determine the "residual
risk" posed by 189 chemicals listed under § 112 of the 1990 Clean Air Act Amendments
(CAAA).
STATUS
OPPT discussions with OAR and the Office of Research and Development (ORD/EPA) are
underway to further refine the testing needs and options for as many as 30 chemicals
from among the list of 189 CAAA chemicals.
The testing needs are intended to be met using TSCA §4 so that the producers of these
chemicals will be required to bear the costs of the testing.
-------
ATSDR CHEMICALS
BACKGROUND
Pursuant to §104 of the Superfund Amendments and Reauthorization Act (SARA), EPA
and the Agency for Toxic Substances and Disease Research (ATSDR) are required to list
chemicals found frequently at Superfund sites.
ATSDR is charged with developing "Toxicological Profiles" for the chemicals, identifying
data gaps and research needs, and developing a testing program. When appropriate,
TSCA authorities will be used by EPA to obtain the needed data.
STATUS
OPPT's evaluation of the proposed testing needs for 38 chemicals initially identified by
ATSDR and review of comments from other EPA Offices and other Federal Agencies on
the list of 38, has concluded that there are testing needs for 7-10 chemicals. Further
discussions am being scheduled with ATSDR, OERR, NTP and OPPT on a final set of test
needs.
RM-2 CASES WITH TESTING COMPONENTS
Polychlorinated Dioxins/Furans - Pulp/Paper Mill Sludge
Formaldehyde
Refractory Ceramic Fiber
Indoor Air Source Characterization: Carpet/Carpet Products
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PAST CASE EXAMPLE
METHYL TERT-BUTYL ETHER (MTBE1
Background
MTBE, a fuel additive used widely to comply with the 1990 Clean Air Act requirements for
oxygenated fuel to meet the carbon monoxide air quality standard during winter months.
In its 20th Report* the ITC designated MTBE for health effects testing and chemical fate
testing. ITC's designation was based on a concern for widespread human exposure to low
level fugitive MTBE emissions at gasoline pumps and the lack of information on chronic
health effects.
On March 31, 1988, OPPT and the MTBE manufacturers (represented by the MBT* Task
Force under the Oxygenated Fuels Association, Inc.) announced the signing of a negotiated
an "Enforceable Consent Agreement" (ECA) for MTBE testing.
Under the ECA, the MTBE Task Force agreed to conduct numerous health effects tests
including pharmacokinetics, subchronic toxicity, mutagencity, neurotoxicity, reproductive
toxicity, developmental toxicity and oncogenicity.
Status
All testing specified by the ECA has now been completed and forwarded (4/4/93) to
OPFT's Existing Chemicals Program RM-1 process. Unfortunately, the results of the ECA
testing do not offer any immediate insight into recent complaints of headache, nausea and
foul odor publicly associated with MTBE in Alaska resulting in temporary suspension of
MTBE use in Alaska in December 1992.
EPA's Office of Mobile Sources (OMS/OANR) and Office of Research and Development
(ORD), in conjunction with the Centers for Disease Control (CDC), are designing a program
to determine the extent to which MTBE is the cause of the complaints and allow QMS to
make an appropriate decision on MTBE use during the winter of 1993-1994.
The components of this joint study of MTBE include a survey of the complaints, monitoring
of emissions during refueling and use, and clinical studies.
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What Is the
New Chemicals
Program?
Anyone who plans to manufacture or import a n
chemical substance is required to provide the Envi-
ronmental Protection Agency (EPA) with a pre-
manufacture notice (PMN) at least 90 days prior to
the activity. EPA's New Chemicals Program,
which is part of the Office of Toxic Substances
(OTS), is responsible for reviewing PMN submis-
sions and identifying new substances that require
regulatory action..
The PMN program is mandated by section 5 of the
Toxic Substances Control Act (TSCA). The law,
enacted by Congress in 1976, gives EPA broad
authority to identify and control substances that
pose a threat to human health or the environment.
300H
2000-
1000-
Total Notices Received*
2993
2738
1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 '990 1991
Fiscal Year
'Total includes PMNs, low-volcime exemptions, test-market exemptions, and polymer exeT cr-s.
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United States Office of EPA
Environmental Toxic Substances Nover&es
Protection Agency
New Chen
-------
What chemicah
substances
are "new"
chemicals?
How can the
TSCA Inventory
be consulted?
EPA classifies chemical substances as either "exist-
ing" chemicals or "new" chemicals. The only way
to determine if die-substance you afcl working^
is a new chemical is by consulting EPA's Inventory
of Chemical Substances, which u commonly re-
ferred to as the TSCA Inventory. Any substance
that is not on the TSCA Inventory is classified as a
new chemical.
Note to importers: Many chemical substances that
are manufactured in other countries are not on the
TSCA Inventory. If you intend to import any of
these chemical substances into the United States,
you must follow all U.S. laws and regulations
pertaining to new chemicals.
The TSCA Inventory is available in report form or
on computer tape. The TSCA Inventory in report
form was updated in 1990 and does not reflect
additions to the inventory since then. The com-
puter tape is updated every six months. EPA does
not provide searches of the TSCA Inventory, but
there are a number of ways you can research
whether a chemical is listed on the TSCA
Inventory:
• Many public libraries and company libraries
have copies of the TSCA Inventory. In addition,
the inventory is available at federal depository
libraries. To find the closest federal depository
library, call your local library or look in the
Directory of U.S. Government Depository Libraries.
• Assistance in determining whether a chemical
substance is on the TSCA Inventory is available
from two companies: CAS Online and Dialog.
i
To request assistance, phone CAS Online at
(S<)0) 848-6533 or Dialog at (800) 334-2564.
Other companies may offer similar services in the
future-, contact the TSCA Assistance Information
Service for an up-to-date list.
-------
How can it be
determined
whether a
substance is a
new chemical if
its identity is a
trade secret?
• Online access to the TSCA Inventory is availar^
through Dialog. To open an account, call
(800) 334-2564.
• A copy of the TSCA Inventory can be purchased
from the Government Printing Office (GPO) or
the National Technical Information Service
(NTIS).
GPO: (202) 783-3238
1985 TSCA Inventory (report form)
Order# 055-000-00254^1
Price 1161 .
1990 Supplement (report form)
Order* 055-000-00361-1
Price $15
KTIS: (703)487-4650
TSCA Inventory (computer tape)
Order* PB90504226
Price $450 or $560 (depending (A type of tape)1
-w
«
The identity of an existing chemkal that has been
claimed as confidential business, information will
not be listed on the public|poni% of the TSCA
Inventory. In these cases, EPA will search the
confidential portion of the-TSCAlnventory for you
if a bona fide intent ttt manufacture or import a
chemical substance i/demonstrared.
%
For more information about submitting a bona
fide inquiry, see 40 CFR 720~25 or contact the
TSCA Assistance Information Service.
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Are any new
substances
exempt from
PMN reporting?
Some new chemical substances are not subject to
PMN reporting. These substances are either ex-
empt from TSCA, or EPA has determined that
they do not warrant review or require only a short
review.
EPA does not review new substances in the follow-
ing product categories, which are exempt from
TSCA authority: tobacco, nuclear materials, mu-
nitions, food additives, drugs, cosmetics, and sub-
stances used solely as pesticides. These new sub-
stances fall under the jurisdiction of other federal
laws and are reviewed by other federal programs.
In addition, the following are excluded from PMN
reporting under certain conditions: products of
incidental reactions, products of end-use reactions,
mixtures, byproducts, substances manufactured
solely for export, nonisolated intermediates, and
substances formed during the manufacture of an
article. See 40 CFR 720.3(XaMh) for more infor-
mation about exclusions from PMN reporting.
EPA has limited the reporting requirements for
new chemical substances in the following cases:
• the substance is manufactured in small quanti-
ties for research and development, and special
procedural and recordkeeping requirements are
met;
• less than 1,000 kilograms of the substance will
be manufactured or imported each year;
• the substance is being manufactured or imported
for test marketing; or
• the substance is a polymer that meets certain
specified criteria.
For information about PMN exemptions, contact
the prenotice coordinator at (202) 260-1745 or
(202) 260-3937.
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When Are You Required to Submit a PMN?
Does the chemical substance fall into one of
the following categories: drugs, tobacco,
nuclear materials, munitions, food additives,
cosmetics, or substances used solely as
pesticides?
Is the substance formed during the manu-
facture of an article, manufactured solely for
export, or formed by or an incidental reac-
tion, end-use reaction, mixture, byproduct,
or nonisolated intermediate? . .
Is the chemical substance on the TSCA
Inventory?
No
WHI the substance be manufactured or
imported in small quantities solely for
research or development? See40CFR
720.36 and 720.78.
VWi less than 1,000 kilograms of the
substance be manufactured or imported
eacti year? See 40 CFR 723.50.
No
Will the substance be manufactured
or imported solely for test marketing?
See 40 CFR 720.38.
No
Is the substance a polymer?
See 40 CFR 723.
No
PMN submission is required at least 90
days prior to manufacturing or importing
the chemical substance.
Yos
No PMN submission is required:
Ye*
Substance may be excluded from
PMN reporting. See 40 CFR
720.30(aMh).
Yos
Is the substance subject to regula-
tion by a SNUR?
No PMN submission is required.
1
Yes
Consult EPA's prenotice coordinator
for more information on exemption
requirements: (202) 260-1745 or
(202) 260-3937.
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What i;
information
must be
submitted about
new chemical
substances?
How does
EPA handle
proprietary
information
submitted in a
PMN?
PMN submissions must be made on a specific
form which requires all available data on chemical
identity, production volume, byproducts, use, envi-
ronmental release, disposal practices, and human
exposure. EPA also requires that the following
information be submitted with the PMN: all exist-
ing health and environmental data in the possession
of the submitter, parent company, or affiliates, and
a description of any existing data known to or rea-
sonably ascertainable by the submitter.
The PMN instruction manual explains all reporting
requirements. When you request a PMN form, an
instruction manual is included. Both are available
from the TSCA Assistance Information Service.
Under section 14 of TSCA, EPA is required to
protect from disclosure confidential business
information (CBI) that is explicitly claimed by
a submitter. Substantiation of CBI claims for
chemical identity is required when a Notice of
Commencement of Manufacture or Import is
submitted. OTS reviews CBI claims to determine
whether they meet the legal definition of CBI. If
the answer to any of the following questions is
"no," a submission probably will not meet the
legal definition of CBI when reviewed by OTS.
• Is the information that is claimed as confidential
known only to the company that is making the
CBI claim?
• Has the company made reasonable efforts to
ensure that the information is and will remain
confidential?
• Is the information obtainable only from the
submitter?
• Is disclosure of the information likely to cause
substantial harm to the company's competitive
position?
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How are you
notified of the
outcome of the
PMN review?
What is the fee
for submitting a
PMN?
When is a new
chemical
substance added
to the TSCA
Inventory?
When EPA receives your PMN form, you wi
be sent a letter that includes the PMN numbet
assigned to your submission and the expiration
date of the PMN review period. If the agency has
any concerns about the substance, you will be
notified by the end of the review period. Other-
wise, you will receive no subsequent notification,
and you are free to manufacture or import the
substance the day after the review period ends.
The fee for most PMN submissions is $2,500.
The fee is reduced under certain conditions: (1) if
your company qualifies as a small business, the fee
is $100; (2) if a PMN for an intermediate sub-
stance is submitted with a final product PMN, the
fee for the intermediate substance is $1,000; and
(3) if a PMN is filed for multiple chemicals that
are related, the total fee is $2,500.
For information about filing a notice for mul
chemicals, contact the prenotice coordinator at
(202) 260-1745 or (202) 260-3937.
For information about PMN fees, contact the
TSCA Assistance Information Service.
A new chemical is eligible for addition to the
TSCA Inventory after the PMN review has been .
completed. To add a substance to the TSCA
Inventory, the company that submitted the PMN
must provide a Notice of Commencement of
Manufacture or Import to EPA within 30 days
of the date the substance is manufactured or
imported for nonexempt commercial purposes.
Once a substance is listed on the TSCA Inventory,
it is considered an existing chemical.
-------
How does EPA
assess potential
risk?
-Ml
What are the
possible-;*
outcome* of
PMN review?
EPA coxicologists, chemists, biochemists, engi-
neers, and scientists in other disciplines work to-
gether to predict the potential risks to humans or
the environment from each new substance. In
doing so, they draw on data submitted with the
PMN form, other information available to the
agency, and exposure and release modeling.
TSCA does not require prior testing of new chemi-
cals. Consequently, more than half of the PMN
forms submitted do not include toxicological data.
In these cases, OTS scientists assess the chemical's
structural similarity to known toxic chemicals—
called a structure-activity relationship—to predict
toxicity.
Almost 90 percent of the PMNs submitted to the
program complete the review process without
being restricted or regulated in any way. If the
agency determines that a new chemical substance
may pose a risk to health or the environment, how-
ever, section 5(e) of TSCA allows EPA to (1) enter
into a consent order permitting the PMN
submitter to manufacture or import the new sub-
stance under specified conditions or (2) allow the
PMN submitter to suspend the review period
while developing additional test data. In cases
where the agency determines that a new substance
will present an unreasonable risk, section 5(0 of
TSCA allows EPA to issue an injunction to pro-
hibit the manufacture, processing, or distribution
in commerce of the substance.
-------
What is a—
significant new
use rule?
How is the
New Chemicals
Program related
to EPA's pollution
prevention
efforts?
A frequent outcome of PMN review is the
tion of a section 5(e) consent order to allow
PMN submitter to manufacture or import the new
substance under specified conditions. A section
5(e) consent order, however, is not binding on
other companies that may manufacture or import
the substance. Consequently, EPA generally fol-
lows the signing of a section 5(e) consent order
with a significant new use rule (SNUR).
SNURs require that manufacturers, processors,
and importers notify EPA 90 days before begin-
ning any activities that are defined as new uses.
These typically are those activities not permitted
by the section 5(e) consent order. EPA also uses
SNURs when use of a new substance may present
risks to health or the environment if exposures or
releases are significantly different from those de-
scribed in the PMN. The advance notification
required by SNURs allows EPA to prevent p,
daily adverse exposure to or effects from the1
use of the substance.
By assessing new chemical substances before they
are manufactured or imported, the New Chemicals
Program is actively carrying out EPA's strategy to
prevent pollution before it can occur. The pror
gram also supports development of safer chemical
substances by minimizing regulatory burdens on
new chemicals if they will replace riskier sub-
stances already in the marketplace.
The New Chemicals Program strongly encourages
industry efforts to prevent pollution. One of the
ways this is accomplished is through the PMN
form, which requests industry to voluntarily pro-
vide information about steps taken to reduce expo-
sures to or releases of chemical substances. Di
the PMN review, EPA carefully considers thii
information in evaluating potential risks.
-------
Summary of
accomplishments
New Chemicals
Program
Activities
Through
September
3BI
Since 1979, EPA's New Chemicals Program has
reviewed almost 20,000 new chemical substances.
This figure includes nearly 16,000 PMNs that
have undergone full review and approximately
4,000 low-volume, test-market, and polymer ex-
emptions. In that time, the agency has taken ac-
tion to prevent potential risks to people and the
environment from nearly 1,700 new substances.
Premanufacture notices .,15,901 7/1/79-9/30/91
Test marketing
exemption applications 547 7/1/79-9/30/91
Low-volume exemptions 1,941 ...6/10/85-9/30/91
Polymer exemptions 1,547 1/4/85-9/30/91
Total 19,936
Section 5(e) orders 504
Section 5(f) actions 4
PMNs withdrawn in face of action 779
Voluntary testing actions , 401
Total cases regulated » 1,688
-------
The TSCA Assistance Information Service (TSCfl
For IHOrO hotline) is available to answer general questions
about the PMN process or filing a PMN form. The
TSCA hotline operates Monday through Friday,
from 8:30 a.m. to 5:00 p.m. Eastern time. Call
(202)554-1404. FAX requests for documents are
received every day, at all times, on (202) 554-5603.
To request assistance by mail, write
Environmental Assistance Division (TS-799)
Office of Toxic Substances «
U.S. EPA
401 M Street, S.V.
Washington, D.C 20460
For answers to questions about procedural, techni-
cal, or regulatory requirements prior to submitting
a PMN, call the PMN prenocice coordinator at
(202) 260-1745 or (202) 260-3937.
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PMN DAY 1
RECEIPT
fNtUJ LHtMIL
flL REUIEUJ PROCESS &
EARLY — CRSS DAY8.12 STHNDRRD REUIEUJ *
REVIEW DROPS 27% MEETING ^•••I^UIIIilf M1.1SII-US
\
SAT DAY 9-1 3
MEETING
DROP/NON 5(e) SNUR
DAY 15-19
FOCUS • 50/o
EXPOSURE or RISK - MEETING EXEMPTIONS: (20% of all notices)
BAoCD5(e) | ••• 'TEST MARKET EXEMPTS
CATEGORIES 'POLYMER EXEMPTIONS G
9% STANDARD 5% 'LOW VOLUME EXEMPTION
REVIEW
(for additional concerns)
DAY 23-27 I ' DAY 44-48 DAY 57-65
WORKPLAN
MEETING
* All Statistics Based
JS GRANT OR DENY
RANT OR DENY
S GRANT OR DENY
MEETING DISPO DISPO
DAY 74-78
REQUEST ADDITIONAL C
DROP, DRO
Upon 1992 Data
FINAL REPORTS
DAY 66-71
ON MEETING :
P/ LETTER, or
)N5(e) SNUR
I
NON-5 (e)
SNUR
DAY 72-75
NCB OPTIONS
MEETINGS
DIVISION
DIRECTORS
BRIEFING
POST DDs
REGULATOR
ACTION
I
5 (e) CONSENT
ORDER
79-82
—DROP or
DROP / LETTEF
V
I
UP FRONT
TECTING
-------
-------
NEW CHEMICAL REVIEW PROCESS
\,
DAY
1 PMN RECEIPT
8-12 CRS8 MEETING -, CHEMICAL REVIEW AND SEARCH STRATEGY
- Review of Chemical Nomenclature, Structure, Physical
and Chemical Properties, Reactions, Technical Aspect of
Dae (is the identified use regulated under FIFRA ?,
FFDCA ?; therefore, excluded from TSCA).
- Some Polymers may be dropped from further review
based on established criteria and professional
judgement.
9-13 SAT MEETING- STRUCTURE ACTIVITY TEAM
- Hazard Potential for Health and/or Environmental
Effects is Evaluated.
- Evaluation of Physical/Chemical properties, Data on
Analogous Substances, Knowledge of Chemical Reactivity,
and Test Data on the Substance (if available).
PROFILE OF EXPOSURE AND RELEASES
- Simultaneously to the SAT Meeting, Consumer Exposure,
Worker Exposure, Environmental Release, Environmental
Fate and any Pro-Release Treatments Are Evaluated.
15-20 FOCUS MEETING
7 - A Multidisciplinary Evaluation of PMN Is Conducted
Based on the Proceeding Reviews. The First Point In
the Review process Where a Regulatory Decision Is Based
on Both Hazard and Exposure.
Focus Meeting Decisions Include:
- 5(e) Finding (Develop Risk-based and/or Exposure
Based Consent Order, Ban Pending the Development of
Upfront Testing)
- "Drop" from Further Review
Drop
Drop/Follow-up: Refer to Existing Chemical Review
Drop/Letter of Concern: Identify Concerns of
"Existing" Chemical as an intermediate or reaction
product
- Standard Review (More Detailed Review, a Final Risk
Assessment is Prepared).
-------
Standard Review
Meetings within the standard Review Process Include Lhe
Following:
o Workplan
o Mid-course Meeting
o HERD/ETD Briefings
o Options
o CCD Disposition Meeting/ or
o Division Directors Meeting
DAY
23-27 WORKPLAN - Clarify objectives, assignments, and
scheduling of review. Attended by assigned Program
Manager (oversees review process), Technical Integrator
(responsible for technical oversight and 'integration of
hazard and exposure to produce a risk assessment),
Chemist/ Engineer/ Economist/ Hazard and Exposure
Assessors, and Information Services Representative
(performs literature search)
44-48 MID-COURSE MEETING - Assesses progress of the case and
integrates completed reports.
57-65 ETD (Economics and Technology Division) DISPOSITION -
ETD management reviews assessments of chemistry,
engineering and economics.
57-65 HERD (Health and Environmental Review Division) DISPO -
The Technical Integrator briefs HERD management on the
case including a summary of background information on
the substance, brief description of potentially toxic
.effects and exposures, conclusion about potential
risks/ and testing recommendations. The outcome of the
meeting is a decision on whether the PMN substance
presents a potential health or ecological hazard and/
if so, whether there is significant exposure to the
chemical to pose a potentially significant risk.
Recommendations for additional testing are also made.
72-75 OPTIONS - The Program Manager prepares a "briefing
paper11 and presents the PMN case to her/his management
in the New Chemicals Branch (NCB). Regulatory
recommendations are assessed from a legal and policy
standpoint.
79-82 DIVISION DIRECTORS'BRIEFING - The DDs' of the Office of
Toxic Substances are briefed on the case and they
decide what action will be taken on the PMN substance.
(CCD (Chemical Control Division) Disposition Meeting
may be substituted for a DDs' briefing for certain
"drop" cases.
-------
OVERSIGHT OF BIOTECHNOLOGY PRODUCTS UNDER TSCA
Living Organisms are Considered "Chemical Substances" Under TSCA
o TSCA defines a chemical substance as any organic or
inorganic substance of particular Molecular identify,
including substances occurring in whole or in part from
a chemical reaction or occurring in nature.
o Living organisms, including microorganisms, are included
in this definition.
•New" Microorganisms are Subject to the Premanufacture Notification
Requirements of Section 5 of TSCA
o Microorganisms considered new are subject to the
premanufacture notification (PMN) requirements of Section
5.
o New microorganisms are those which are "intergeneric" -
i.e., microorganisms that contain genetic material from
source organisms in different genera - and which are not
listed on the TSCA Inventory of Chemical Substances.
Several types of microorganisms are not considered
"new", and are not subject "to Section 5 WIN
requirements:
Naturally occurring microorganisms;
- Genetically modified microorganisms other than
intergeneric;
Intergeneric microorganisms resulting only
from the addition of genetic material
consisting of well-characterized, non-coding
regulatory regions which do not result in the
expression of phenotypic characteristics.
o Under the 1986 Policy statement, persons manufacturing
intergeneric microorganisms for commercial purposes in
the United States are required to file a PMN prior to
doing so.
o Persons intending to introduce intergeneric
microorganisms into the environment for research and
development purposes are requested to file a voluntary
PMN with EPA before initiating such research.
Certain Potential Uses of Microorganisms are Subject to TSCA
o Specialty Chemical Production - the use of microorganisms
to manufacture chemical substances, e.g., enzymes. Many
enzyme manufacturers are already using intergeneric
microorganisms to produce enzymes used in detergents.
-------
o Nitrogen Fixation - Some companies are experimenting with
the use of intergeneric microorganisms to enhance the
ability of crop plants to fix nitrogen from the air.
o Bioremediation - the use of microorganisms to degrade
hazardous chemical substances in the environment. Some
companies are experimenting with the use of intergeneric
microorganisms to degrade hazardous waste.
o Biosensors - the use of microorganisms to detect the
presence and concentration of contaminants in the
environment. Intergeneric microorganisms may be used for
this purpose in the future.
o Biomass Conversion - the use of microorganisms to convert
agricultural waste material to fuels, e.g., ethanol.
Several companies have explored the use of intergeneric
microorganisms for use in this process.
The TSCA Biotechnology Program has Reviewed More -than 50 Product
Submissions Since its Establishment
o Commercial Purpose PMNs - The TSCA Biotechnology Program
has reviewed 26 PMNs for biotechnology products used for
commercial purposes. These have consisted primarily of
specialty chemical and biomass conversion products, and
intergeneric microorganisms used as pesticide
intermediates.
o Environmental R&D - The TSCA Biotechnology Program has
reviewed 24 voluntary PMNs for biotechnology products
used for research and development purposes in the
environment. These products have consisted primarily of
intergeneric strains of nitrogen-fixing soil
microorganisms.
Reference Documents:
Proposed Policy Regarding Certain Microbial Products (49 Fed.
Reg. 50880 (December 31, 1984)).
Statement of Policy; Microbial Products Subject to the Federal
Insecticide, Fungicide, and Rodenticide Act and the Toxic
Substances Control Act (51 Fed. Reg. 23313 (June 26, 1986)).
Pamphlet, "EPA's Biotechnology Oversight Program Under the
Toxic Substances Control Act" (EPA 745-F-93-003; June 199J).
(Reference Documents are available from the TSCA Hotline, or
by calling David Giamporcaro, Section Chief, TSCA
Biotechnology Program, at 260-6362).
-------
TOXIC SUBSTANCES
CONTROL ACT
(TSCA)
May regulate chemical substances
which present unreasonable risks
of injury to health or the environment
"Chemical Substance" Defined
Any organic or inorganic substance of a
particular molecular identity, including substances:
(1) occurring in whole or in part from a
chemical reaction,
OR
(2) occurring in nature
Microorganisms are included in this definition
-------
NEW MICROORGANISMS
SUBJECT TO TSCA SECTION 5
ACCORDING TO THE 1986
POLICY STATEMENT
Intergeneric - contain genetic material
from source organisms
in different genera
Not listed on TSCA Inventory
Exclusions
• Naturally occurring microorganisms
• Genetically modified microorganisms other
than intergeneric
x
• Intergeneric microorganisms resulting
only from addition of well-characterized,
non-coding regulatory regions
-------
POTENTIAL USES OF
MICROORGANISMS
SUBJECT TO TSCA
Specialty chemical production
Nitrogen fixation
Bioremediation
Biosensors
Biomass conversion
Mineral recovery
-------
INTERGENERIC
MICROORGANISMS USED AS
INTERMEDIATES IN SPECIALTY
CHEMICAL PRODUCTION
Recipient
Microorganism
Modification
Use
Aspergillus orvzae
Bacillus spp.
Bacillus (alcalophiiic)
Bacillus licheniformis
Bacillus subtilis
Escherichia coll
Lipase
Subtilisin
Protease
Hydrolase
Alpha amylase
Alpha amylase
Protease
Alpha amylase
Lipase
Insulin-like
growth hormone
Detergent
Detergent
CBI*
CBI
Detergent
Detergent
CBI
Produce ethanol
for gasoline
Detergent
Cell culture
media
* CBI = Confidential Business Information •
PMNs were received for the above contained system fermentation uses.
No regulatory action was taken on these microorganisms subsequent to
their review.
-------
INTERGENERIC
MICROORGANISMS USED
IN R&D FIELD TESTS
Recipient
Microorganism
Rhizobium meliloti
Bradyrhizobium
japonicum
Pseudomonas
aureofaciens
Modification
N-fixation, Antibiotic
resistance markers
N-fixation, Antibiotic
resistance markers
lacZY marker genes
from Escherichia coli
#PMNs
18
6
1
# Field
Tests
4
2
2
Voluntary PMNs were received for small-scale field
tests of the above microorganisms.
TSCA section 5 (e) consent orders were negotiated
for all PMNs to restrict uses to the specific field tests.
Additional testing of the same microorganisms
required modifications to the consent orders.
Different combinations of microorganisms were used
for the various field tests.
EPA coordinated with Regional and State contacts
during consent order negotiations.
-------
DOCUMENTS AVAILABLE FROM EPA*8
T8CA BIOTECHNOLOGY PROGRAM
1. The 1986 Policy Statement.
The Federal Register notice which discusses the policy under
which EPA's T8CA section 5 biotechnology program currently
operates. Citation: 51 FR 23313, June 26, 1986.
ts to Consider in the Preparation a^d Submission of TSCA
PMNs for Microorganisms. - - •
Guidance for developing a biotechnology PMN.
3. Status Report.
A summary of the TSCA biotechnology PMNs received and major
issues related to their review.
4. Draft Proposed TSCA Biotechnology Rule.
A draft of the proposed TSCA biotechnology rule dated June
21, 1991, and made available for a public meeting of EPA's
Biotechnology Science Advisory Committee.
CONTACTS: Ellie Clark (202) 260-3402
David Giamporcaro (202) 260-6362
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'' September 1, 1993
OPPT LEAD PROGRAM
Background
In February 1991, the Agency released its Strategy for Reducing Lead Poisoning, a
comprehensive listing of agency-wide activities to reduce the incidence of childhood lead
levels above 10 jtg/dl and to significantly reduce unacceptable lead exposure to the general
population and the environment. Within OPPT, activities to achieve these goals involved 1)
developing a program of research and outreach, originally to support the Department of
Housing and Urban Development (HUD), to reduce the incidence of childhood lead
poisoning by exposure to lead-based paint in housing, and 2) conducting regulatory
investigations and rulemakings under TSCA Section 6 to reduce exposure to lead from
plumbing solder, plumbing fittings, fishing sinkers, non-recycled batteries, and other
industrial uses of lead-based paint. An ANPRM in May 1992, announced the Agency's
intent to regulate various sources of lead exposure.
In October 1992, the Residential Lead-based Paint Hazard Reduction Act (known as
Title X) was passed which required EPA and other Federal agencies to develop the necessary
infrastructure for States to conduct lead-based paint hazard reduction programs.
Implementation of Tide X has become the primary OPPT activity concerning lead.
Within the Agency, lead activities are coordinated through the lead cluster, a 80-
member group from all program offices with lead activities. Through the Office Director's
Lead Committee (ODLC) and technical subject matter subgroups the cluster promotes
coordination and consistency in addressing lead issues across the Agency. OPPT has the
responsibility of coordinating the activities of the lead cluster, arid the OPPT Deputy Office
Director chairs the ODLC.
Current Activities
Regulatory
Under Title X, the Agency has a number of regulations under development:
a) sections 402 and 404 requires the agency to promulgate regulations by April 1994
(1) to ensure that individuals involved in lead-based paint activities are trained,
training programs accredited and contractors certified, (2) to set standards for
performing abatement activities and (3) to develop a model state program for
compliance with the training and accreditation requirements,
b) section 403 requires the agency to identify by April 1994 lead-based paint hazards,
lead-contaminated soil, and lead-contaminated dust,
c) section 1018 mandated EPA and HUD to jointly issue regulations, by October
1994, to require sellers and lessors (1) to disclose known lead-based paint hazards to
purchasers or renters of residential property, (2) to provide an EPA-developed lead
-------
information pamphlet to purchasers and renters, (3) to allow purchasers a 10-day
period for inspection for lead-based paint hazards, and (4) to use sales contracts that
contain a lead warning statement, and
d) section 406 requires that, by October 1994, renovators begin to provide customers
a copy of the EPA-developed lead information pamphlet.
Under TSCA, OPPT has initiated a number of regulatory investigations and rulemakings to
reduce exposure to lead from other sources:
a) a regulatory investigation of industrial uses of lead-based paint,
b) initiation of rulemakings to reduce the amount of lead leaching from brass
plumbing fittings and to prohibit the use of lead containing solder in private water
systems,
c) response to Section 21 petitions concerning lead fishing sinkers and battery
recycling (the fishing sinker investigation has proceeded to rulemaking under Section
6), and
d) initiation of a Significant New Use Rule to prohibit the new uses of lead without
Agency notification.
Research
In April 1989, EPA and HUD signed a Memorandum of Understanding that provided
technical support to HUD to assist in developing a national program for reducing risks to
children from lead-based paint in housing. Tide X has also provided OPPT with additional
research and data generation requirements. Efforts have been undertaken to generate data
and information on lead-based paint abatement methodologies and measurement technology.
The abatement methodology studies include an evaluation of specific repair and maintenance
techniques in housing in Baltimore, an evaluation of the long-term,efficacy of HUD-
recbmmended abatement methods, cooperative studies with CDC to evaluate low-cost
abatement methods as currently practiced by local governments, a comprehensive
investigation of lead-based paint encapsulants and a study of lead-based paint hazards
involved in remodelling and renovation activities.
Measurement technology efforts include the development of a third -party environmental .
laboratory accreditation program, a comparison of test kit and XRF technologies for
quantifying lead-based paint, an evaluation of different sample collection and analytical
methods for lead in dust, paint, and soil, for the professional abatement contractor and
homeowners.
Agency research efforts are coordinated through by the lead cluster by the research
subgroup.
-------
Public Outreach and Education
An important part of the OPPT lead program is communicating the risks of lead with the
general population, health professionals, lead-based paint abatement workers, and state and
local government decision makers. OPPT has initiated activities to reach these diverse
groups. Title X required the agency to establish a clearinghouse and hotline to disseminate
information on lead hazards to the public. The National Lead Information Center, financially
supported by EPA, CDC, HUD and DoD, began operation in April 1993; it houses the
Federal hotline (1-800-LEAD-FYI) and clearinghouse (1-800-424-LEAD). A standard
information package will be sent by calling the hotline, while the clearinghouse, operated by
the National Safety Council (NSC), employs information specialists to answer specific
questions from the public. In early summer 1993, OPPT sponsored, along with the
Environmental Defense Fund and NSC a media campaign to promote the hotline, including
radio and TV public service announcements and print media advertisements.
In 1992, Regional Lead Training Centers were established in five universities around- the
country to provide a network of facilities to train contractors and abatement professionals in
lead-based paint identification and abatement techniques. For the past 3 years, OPPT has
provided grants to labor organizations and labor management trusts for training workers in
correct lead-based paint abatement techniques. The President's FY1994 budget calls for a
$10 million grant program for states to implement training and certification activities
mandated under Title X. Through a grant, the Alliance to End Childhood Lead Poisoning is
preparing a series of primary prevention handbooks which will serve as a resource tool for
local and state governments to established programs of hazard identification and abatement
aimed at the preventing lead poisoning in children.
Public education documents include a four-color pamphlet describing lead hazards and aimed
at parents of young children. The pamphlet and fact sheets describing how to have your
home tested, what to consider when having your home renovated, common questions and
answers about lead poisoning and state and local contacts are sent upon request from the
hotline. Title X requires the Agency to develop a pamphlet to be given to home purchasers
and renters and to occupants during home renovation to describe the hazards of lead-based
paint.
V
Federal. Regional and State Coordination
At a Federal level, coordination of lead-based paint activities occurs through an interagency
task force, co-chaired by EPA and HUD. The task force has been in operation since April
1989 and has a membership of to 18 Federal agencies, including CDC, OSHA, NIOSH,
CPSC, and NIEHS. OPPT also represents the Agency on a Congressionally-mandated
Department of Defense task force that addresses lead-based paint issues in military-owned
housing and other buildings. Title X calls for the creation of a task force by HUD in
consultation with EPA to make recommendations on technical and budget matters influencing
the reduction of lead-based paint hazards. This task force is composed primarily of private
sector housing organizations but also includes other Federal agencies, state representatives,
and health and environmental concerns. This is a FACA-chartered task force and will
-------
operate between November 1993 and April 1995. Lastly, the Public Health Service Act,
amended in 1992, calls for the Secretary of HHS to chair a task force including the EPA
Administrator and the Secretary of HUD to review agency and department policies and
funding regarding lead-based paint.
Each EPA regional office has a lead coordinator which coordinates regional lead activities
with headquarters staff. Monthly conference calls provides a mechanism for an exchange
between the regions and headquarters.
Within EPA, the agency's lead cluster is charged with implementing the agency's lead
strategy. The lead cluster is made up of Agency managers and staff who through committees
and workgroups coordinate the Agency's lead activities. The Office Director's Lead
Committee, chaired by Joe Carra, composed of office directors from the various program
offices provides overall direction in implementation of the Agency's lead strategy and
resolves complex policy issues. The Lead Cluster Coordinating Committee, chaired by .
Doreen Cantor, is composed of the chairpersons from the subject specific workgroups. It is
responsible for coordination among program offices.
Workgroups composed primarily of technical staff from across the Agency are responsible
for providing the subject specific expertise. These workgroups include: 1) Risk Assessment
is responsible for linking health effects information with exposure data to determine the
magnitude of adverse health effects; 2) Urban Lead is preparing a policy for dealing with
exposures to lead in an urban environment; 3) Research is responsible for coordinating
research activities to answer strategy research needs; 4) Evaluation and Planning is
responsible for evaluating the effectiveness of Agency activities in reaching the goals of the
strategy; 5) Public Education is developing an Agency approach to communicating
information to the public on lead hazards; 6) Enforcement is responsible for coordinating the
Agency's efforts to make sure that regulatory standards are met.
-------
CODE OF FEDERAL REGULATIONS
TITLE 40 - PROTECTION OF ENVIRONMENT
CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER R - TOXIC SUBSTANCES CONTROL ACT
PARTS 700 TO 789
PART 763 ASBESTOS
Authority - TSCA Sections 6 and 8(c)
Subparts A - C [Reserved]
Subpart D Reporting Commercial and Industrial Uses of Asbestos
763.60 et seq.
47 FR 33207, July 30, 1982
Subpart E Asbestos-containing Materials in Schools
(Asbestos in Schools Rule)
763.80 et seq.
52 FR 41846, Oct. 30, 1987
Subpart F Friable Asbestos-containing Materials in Schools
763.100 et seq.
47 FR 23369, May 27, 1982
Subpart G Asbestos Abatement Projects
(Worker Protection Rule)
763.120 et seq.
52 FR 5623, Feb. 25, 1987
Subpart H [Reserved]
Subpart I Prohibition of the Manufacture. Importation. Processing, and Distribution
in Commerce of Certain Asbestos-Containing Products: Labeling
Requirements
(Asbestos Ban and Phase Out Rule)
763.160 et seq.
54 FR 29507, July 12, 1989
-------
ASBESTOS BAN AND PHASE OUT RULE
August 30, 1993
The Asbestos Ban and Phase Out (ABPO) Rule was issued by EPA on July 12,
1989, after a decade of investigation and analysis. The Rule banned most asbestos-
containing products in three stages. Stage 1 of the ban went into effect in August 1990.
Stages 2 and 3 were scheduled to go into effect in August 1993 and August 1996.
However, in October 1991, the federal 5th Circuit Court of Appeals voided most
of the Rule. According to the Court, only those products banned in the RuleJhat were
no longer in commerce when the Rule was issued in July 1989 are still subject to the
Rule. A notice is scheduled for publication in the Federal Register in September 1993
to announce which products are still subject to the Rule. At least, all new uses of
asbestos (those not listed in the Rule) will still be banned.
Rather than reinstate the ban in its original form, EPA is responding to the
Court's decision with a variety of targeted remedial measures. They are:
1. OPPT is negotiating an agreement with the auto industry to permanently
discontinue the use of all asbestos in all new cars, trucks, buses, and motorcycles
by October 1994. The auto industry has been a major user of asbestos, and most
of the benefits of the ABPO Rule were attributable to the ban on such
automotive friction products as clutch facings, automatic transmission components,
and brake linings, pads and blocks. A draft agreement was mailed to forty four
motor vehicle manufacturers on August 30, 1993.
The agreement is voluntary. In order to provide some enforceability, OPPT plans
to issue a Significant New Use Rule (SNUR). The SNUR would designate the
use of asbestos in new vehicles as a new use and require notice to EPA by anyone
who intended to initiate such use.
OPPT also plans to issue a SNUR that would designate the manufacture or
import of asbestos replacement parts for nonasbestos original equipment as a new
use of asbestos, requiring notice to EPA by anyone who intended to commence
such use. This SNUR would forestall development of an asbestos replacement
parts industry after the original equipment market stops using asbestos.
2. EETD is conducting a survey to determine what asbestos products are in
commerce. This effort was last made in the early 80s for the ABPO Rule.
Preliminary information indicates that the market has changed considerably. The
updated information will be used to issue a SNUR that would designate any
asbestos use not listed as a new use of asbestos; again, requiring notice to EPA by
anyone who intended to commence any new use.
3. Finally, OPPT is considering a labelling, disclosure, and inventory rule for
asbestos products, especially building products.
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EPA ASBESTOS WORKER PROTECTION RULE
August 30, 1993
The EPA Asbestos Worker Protection Rule (EPA WPR) prescribes certain work
practices and recordkeeping requirements that must be followed by state and local
governments to protect their employees when they perform asbestos abatement work
from exposure to asbestos. The work practices and recordkeeping requirements in the
EPA WPR are the same as in OSHA's Asbestos Standard for the Construction Industry,
which covers private sector workers and all construction activities involving asbestos, not
just abatement activities. OPPT is preparing amendments to the EPA WPR which would
extend expand the EPA WPR to cover all all asbestos-related construction activities, as
well as brake and clutch repair in public vehicles. A edited table of contents for the
EPA WPR follows:
763.120 Scope
763.121 Regulatory requirements
(a) [Reserved]
(b) Definitions
(c) Permissible exposure li
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(i) Protective clothing
(1) General
(2) Laundering
(3) Contaminated clothing
(4) Protective clothing for removal, demolition, and renovation
(j) Hygiene facilities and practices
(1) General
(2) Requirements for removal, demolition, and renovation
(i) Decontam-nation area
(ii) Clean room
(iii) Shower area
(iv) Equipment room
(v) Decontamination area entry procedures
(vi) Decontamination area exit procedures
(k) Communication of hazards to employees
(1) Signs
(2) Labels
(3) Employee information and training
(4) Access to training materials
(1) Housekeeping
(1) Vacuuming
(2) Waste disposal
(m) Medical surveillance
(1) General
(i) Employees covered
(ii) Examination by a physician
(2) Medical examinations and consultation
(i) Frequency
(ii) Content
(3) Information provided to the physician
(4) Physician's written opinion
(n) Recordkeeping
(1) Objective data for exempted operations
(2) Exposure measurements
(3) Medical surveillance
(4) Training records
(5) Availability
(6) Transfer of records
(o) Effective date
(p) Appendices
763.122 Exclusions for States
763.124 Reporting
763.125 Enforcement
763.126 Inspections
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ASBESTOS BRIEFING for OPPT New Employees
Chemical Management Division
Field Programs Branch
Sep. 13, 1993
(EPA/OPPTs asbestos activities under TSCA generally fall under a Schools Program, and a
Public Buildings Program, with some overlap between the two. The EPA Worker Protection
Rule affects certain people in both programs.)
ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA), and the Asbestos
in Schools Program
I. In 1986, Congress passed the Asbestos Hazard Emergency Response Act (AHERA).
* In October, 1987 EPA published the Asbestos-Containing Materials in
Schools Rule.
Requirements of Asbestos-Containing Materials in Schools Rule
ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA)
* The AHERA regulations (promulgated October 17, 1987) apply to all public and
private elementary and secondary schools in the U.S. and its territories, and to American
schools on military bases in foreign countries.
* The regulations required schools (Local Education Agencies, or LEAs) to:
Designate a person to ensure that AHERA requirements are properly
implemented;
Conduct inspections in all areas for the presence of friable and non-
friable asbestos-containing building materials (ACBM) and to identify
its location;
Assess the condition of identified or assumed ACBM;
Develop (and update) comprehensive asbestos management plans for all
school buildings under their administrative control, and submit its
management plan to its State for review no later than May 9, 1989;
Begin to implement its management plan no later than July 9, 1989;
Notify parents and teachers annually about the availability of the
management plan;
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Select and implement appropriate asbestos response actions (removal,
repair, enclosure, encapsulation, operations and maintenance) to deal
with the ACBM (the AHERA rule did not require schools to remove all
ACEM);
Use accredited persons to design and conduct response actions;
Conduct periodic surveillance and reinspections;
Assure proper training and awareness;
Maintain records;
Develop and implement operations and maintenance (O&M) programs.
* SCHEDULE FOR IMPLEMENTATION OF AHERA
By October 12. 1988r LEAs should have:
Completed an Initial Inspection
Submitted Management Plans to the State
By July 9. 1989. LEAS were required to:
Implement their management plans
Reinspections:
Must be completed by accredited inspectors every three years. AJ1
initial reinspections were to be completed by July 9, 1992.
Periodic Surveillance
Must be completed by trained operations and maintenance personnel
every six months.
II. Follow-up activities to assist schools in implementing AHERA include
* ASHAA Loan and Grant Program
* Technical Assistance (from HQ and EPA Regions)
* AHERA Interpretive Guidance Workgroup - CMD staff actively take
part on the AHERA Interpretive Guidance Workgroup, which is chaired
byOCM.
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This WG met for more than 3 years, with the primary goals of assisting
the Agency, LEAs, States, and other customers by providing policy,
technical, and enforcement interpretations of the AHERA Rule
requirements and related issues. Activities temporarily suspended while
work on AHERA Rule revision takes place.
Reinspection Guide ("Yellow Book")
Yellow book was prepared in response to problems identified in
Evaluation Study.
Limited AHERA Rule Revision (work in progress - EPA Region 7 has
lead, chairs the work group)
Workgroup has met regularly and frequently since its
organization, has reached consensus on most issues before it.
Several issues are still being discussed within the workgroup.
Options papers oh several issues were prepared for submission to
management for their decision, as well as draft proposed regulatory
text.
III. MODEL ACCREDITATION PLAN, and ASBESTOS SCHOOL HAZARD
ABATEMENT ACT (ASMARA)
The current EPA asbestos Model Accreditation Plan (MAP) was promulgated in April 1987.
It specifies minimum initial training requirements for those persons required to obtain
accreditation to conduct asbestos related work in schools.
The Asbestos School Hazard Abatement Reauthorization Act (ASHARA) of 1990 mandates
that EPA must revise the MAP.
* Specific ASHARA mandates
provide for the extension of accreditation requirements to certain
persons performing asbestos-related work hi public and
commercial buildings;
increase the minimum number.of training hours required for
accreditation.
* • The mandated changes to the MAP apply to, and will thus affect,
accreditation training for persons who
inspect buildings for asbestos-containing material;
design response actions for public and commercial buildings;
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carry out response actions (i.e., contractor/supervisors, and
asbestos abatement workers) in public and commercial buildings.
The Agency invoked a 1-year extension of the statutory effective date to
allow development of a revised MAP, as provided in the statute.
A public meeting was held in Washington, D.C. in June 1992, for the
purpose of taking oral comments on various proposed modifications
under consideration.
An Agency workgroup has met regularly, and vigorous discussions have
taken place on many of the issues. OSHA staff have been in attendance
at many of the workgroup meetings, and have been kept apprised of work
in progress.
The ASMARA statute took effect on November 28, 1992. Interim
guidance was developed and made available to the public, with an OE
staff person designated the primary contact.
A workgroup closure meeting was held August 31, 1993.
EPA staff anticipate publishing the MAP revision as an Interim Final
Rule early in 1994.
ASBESTOS IN BUILDINGS PROGRAM
IV. EPA Worker Protection Rule (WPR)
V. Public Buildings - Information and Research
* Health Effects Institute-Asbestos Research (HEI-AR)
Background
HEI-AR was established in 1988 at the direction of
Congress.
Jointly funded by EPA and private sector (industry and
labor).
$ 6 million cooperative agreement with HEI/AR.
Accomplishments
Published "Asbestos in Public and Commercial Buildings:
A Literature Review and Synthesis of Current Knowledge,"
1991.
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Two new studies underway:
1) Study on the exposure of building service
and maintenance workers to asbestos.
2) Study of general building occupant
exposure.
EPA Oversight
The EPA/HEI-AR Oversight Committee includes EPA
representatives from ORD and OPPT.
OSHA
CMD staff maintain regular contact with their OSHA counterparts,
and discuss matters of common interest.
ASBESTOS PROGRAM ACTIVITIES AFFECTING/BENEFITTING BOTH THE
SCHOOLS AND THE PUBLIC BUILDINGS AREAS
VI. Asbestos Technical Assistance Activities
* AHERA Training Courses (after ASMARA, will provide the training
curricula for accreditation for all asbestos-related work)
* 5 Training/Accreditation Disciplines Specified in the AHERA
Model Accreditation Plan (April 1987).
* Model Courses Completed, and in Use:
Contractor/Supervisor, 1988;
Building Inspector, 1988;
Management Planner, 1988;
Asbestos Worker (English), 1990;
Asbestos Worker (Spanish), 1992;
* Courses under Development or Revision
Asbestos Project Designer
— This is the final course to be developed in terms of the
Model Accreditation Plan disciplines.
- Expected completion date is late 1993.
Operations & Maintenance Training Course
- To meet AHERA 16-hour O&M training requirement; is
not a MAP accreditation requirement.
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Guidance Documents
* Green Book, "Managing Asbestos In Place"
Conceptual, structural framework for establishing and
implementing asbestos O&M program in buildings and
schools.
Where possible, recommends in-place management of ACM
as an acceptable alternative to removal.
* National Institute of Building Sciences (NIBS) "Guidance Manual:
Asbestos Operations and Maintenance Work Practices"
Published September 1992; Now available from NIBS. The
manual details specific asbestos O&M work practices for
asbestos-containing materials in buildings. (Surfacing, TSI,
Miscellaneous; 3 "levels" of work practice for many tasks.)
It supplements EPA's "Green Book," and should be helpful
to those persons involved with in-place asbestos management
programs in buildings.
* Interim Guidelines for Stripping Asbestos-containing Floor Tiles
Has served as EPA guidance since January 1990 until this
routine maintenance procedure could be evaluated more
carefully. Recommendations were slightly revised, to be
published as appendix to forthcoming report.
Outreach and Assistance to LEAs, Regions, Public, and Others
* CMD constantly provides asbestos technical and policy assistance
to numerous customers. Some assistance is provided
independently, some is through our interactions with other EPA
offices.
* Our customers include LEAs, EPA RACs and NACs; training
providers; asbestos consultants and contractors; EPA offices such
as NESHAP, OCM, IAD, ORD, Public Affairs; other Federal
agencies (HUD, VA, Post Office, Navy Facilities Engineering,
Army Corps of Engineers, Army Housing, Army Environmental
Office, Dob, GSA, White House, Library of Congress,
Smithsonian, State Department; State agencies; private sector real
estate, insurance, property management, building owner
organizations; and individual homeowners.
* CMD staff chair some workgroups, and. actively participate on a
number of significant workgroups in a leadership role.
-------
* Among these are:
- AHERA Rule Amendment WG
- Asbestos in Buildings WG (MAP)
- NESHAP Revision WG
- AHERA Interpretive Guidance WG
- EPA Worker Protection Rule (WPR) WG
- Federal Asbestos Task Force (FATF)
- Asbestos Ban and Phaseout WG
- Asbestos Design and Development Initiatives
WG (ADDIG)
* Grants Programs
* State Enhancement Grants
goal is to decentralize EPA's asbestos program
presently funded by annual Congressional set-aside
monies allocated from HQ but administered by Regions
primary objectives are'to promote the development of state
accreditation and waiver programs
appears in both the Federal Catalog of Domestic Assistance and
the agency's TSCA Cooperative Agreement Guidance
from 1990-92, $3,879,300 was awarded to 33 states and 1
Indian tribe through 63 cooperative agreements.
EPA's funding commitments to the program have declined 20%
from $1.5 million in FY 90 to 1.2 million in FY 92
state needs for grant support will likely increase as efforts are
made to upgrade state programs to comply with increased
ASMARA standards
* Labor/Management Training Trust Grants
Purpose is to fund joint labor/management training trusts to
provide EPA-approved asbestos abatement worker training
courses leading to AHERA accreditation.
Fundable activities are those whose direct result is an
increased number of well-trained, accredited workers.
4 rounds of funding have distributed $ 4.9 million to 7
labor trust funds. The initial funding (1989) was for $ 400
thousand; subsequent funding has been $ 1.5 million per
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year, but was reduced to $1 million for 1993/1994.
VII. EPA Research Activities
* OPPT activities, with ORD/RREL
Floor tile stripping methods evaluation
Study carried out July 1990
Report to be published soon
* New Jersey/EPA/ORD floor tile buffing study report
now undergoing EPA review.
VIII. Coordination with Other Offices and Agencies
A. Other EPA Offices (OCM, NESHAP, ORD, OE, OGC, IAD)
t '
B. Other Federal Agencies (Navy Facilities Engineering;
ARMY COE & Environmental Office; HUD; DoD; GSA;
Post Office; VA; State Department; White House; BIA; FAA)
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I. WHAT ARE PCBs?
Polychlorinated biphenyls are a family of manmade chemicals first manufactured for
industrial purposes in the U.S. in 1929. Chemically, they can be described as having two
adjacent rings of carbon atoms (the.biphenyl) with two or more chlorine atoms attached to
the rings. Since their introduction as high grade fluids for use in electrical transformers and
capacitors, they have been used extensively for their excellent insulating capabilities in
various types of electrical equipment. They are chemically stable, are resistant to high
temperatures, and have low flammability and low electrical conductivity. These
characteristics made PCBs ideal for other applications including uses in microwave ovens,
plasticizers, and fluorescent light fixtures.
For some of the same reasons that PCBs were so useful in electrical equipment, they
pose significant environmental hazards. Because PCBs are extremely stable and decompose
very slowly, they are found throughout the environment and are difficult to destroy once
they contaminate water or soils. Furthermore, they are stored in the fatty tissues of both
animals and humans and are extremely toxic. Today, PCBs are found in varying concen-
trations in most living organisms due to their persistence in the environment and the fact
they concentrate within the food chain.
The U.S. Environmental Protection Agency (EPA) has aggressively sought to reduce
the environmental and health risks presented by PCBs. In order to reduce exposure, the
EPA issued a complete ban on the manufacture of PCBs in 1976. In addition, the EPA has
established disposal and spill cleanup programs designed specifically for PCBs which
minimize the harmful effects of spills, leaks, uncontrolled discharges, and abandoned waste
sites contaminated by PCBs.
II. HOW DO PCBs ENTER THE ENVIRONMENT?
PCBs are found in significant concentrations in nearly all ecosystems and living
organisms, The EPA is particularly concerned with the release of PCBs from discarded
equipment into the environment and clean up of contaminated sites. In 1976, the Agency
estimated that 150 million pounds had been released and that the number was growing, as
PCBs escaped from old dump sites into the ground, water, and air.
Prior to 1976, PCBs were disposed of haphazardly, with little regulation. PCB
articles, which include transformers, capacitors, PCB hydraulic machines, electrical
equipment, electric motors, and pumps had been disposed of using incineration, chemical
waste landfills, or chemical decontamination. PCBs entered the environment in one of
several ways, including improper disposal, leakage from equipment, discharge of rinse water,
spills, and leaching from landfills. Illegal dumping has also contributed to some of the
current problems; targets for such dumping included sewers, vacant lots, and abandoned
buildings.
Sediments and soils at many sites throughout the U.S. are contaminated due to the
discharge of water used to rinse out electrical equipment and the landfilling of electrical
-------
equipment and PCB contaminated waste. Over time, PCBs often migrate away from the
original site of contamination - sometimes over great areas. For example, PCBs discharged
in a river will contaminate both the water as it runs downstream and the river bottom.
Eventually, much of the watershed, as well as the plants and animals that are dependent
upon the river, may become contaminated.
While no longer manufactured, the continued use of equipment containing PCBs
(which has not been replaced since the ban) poses several environmental problems.
Electrical equipment may leak. PCBs may spill as equipment is transported. PCBs and
PCB wastes stored in barrels, drums, and tanks can leak. Small amounts of PCBs may be
released during disposal. Additionally, contaminated soils and sediments may contaminate
drinking water, wildlife, and food supplies. The EPA, through regulations promulgated
under its toxic substance legislation, specifies precisely how PCB wastes must be handled
and how to properly dispose of PCB wastes. As a result of these regulations, current
disposal practices are much safer and will minimize further contamination of our ecosystems.
III. WHAT ARE THE TOXIC EFFECTS OF PCBs
Human Health Effects '
PCBs affect humans in a number of ways. The EPA considers PCBs as a probable
carcinogen in humans; they also are thought to cause tumors. PCBs enter the human body
through the lungs, gastrointestinal tract and skin and are stored in the body's fatty tissue.
The organs where they are stored include the liver, kidneys, lungs, adrenal glands, brain,
heart, and skin. Acute symptoms of PCB exposure occur shortly after exposure. They
include skin disorders (such as chloracne - an acne-like rash that is caused by the chlorine
content), nausea, dizziness, eye irritation, and bronchitis. After a longer period, PCBs may
result in reproductive failures, birth defects, gastric disorders, skin lesions, swollen limbs,
cancers, tumors, and eye and liver disorders.
Ecotoxicological Effects . ,
PCBs affect plants and animals in some of the same ways as they do humans. At
high concentrations, PCBs have caused the deaths of animals, birds and fish, as well as
death and low growth rates in plants. PCBs may impair the reproductive behavior of both
mammals and birds, and they are toxic to fish even at very low levels, affecting the survival
rate and reproductive functions of fish. Because PCBs are stored in the fatty tissues of
animals - a process called bioaccumulation - the concentration Of PCBs in tissues increases
as long as exposure continues. Additionally, PCBs are biomagnified within the food chain.
For example, larger fish may feed on crayfish which feed on plant matter and phytoplankton,
the lowest link in the food chain. In each step up the food chain, the predator consumes
and stores much of the PCBs found in their diet. Consequently, the tissues of animals
higher up the food chain have the highest concentration because the organisms upon which
they feed are contaminated.
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[A further environmental hazard is created by fires involving PCBs which produce
polychlorinated dibenzofurans (PCDFs) and polychlorinated dibenzo-p-dioxins (PCDDs).
These chemicals and have environmental and health effects exceeding even those of the
original PCB compounds.]
IV. WHAT IS THE GOVERNMENT DOING?
The EPA is committed to a phase out of PCB containing equipment that poses the
greatest risks to the environment and human health. There are several necessary elements
to a comprehensive program to reduce human health and ecological risks ofPCBs. Such
a program should: identify equipment containing PCBs; retire equipment and PCBs that are
still in use; identify PCB contaminated sites; ensure that PCBs and PCB wastes are handled
in environmentally sound manners; establish emergency notification for any releases; and
establish effective disposal requirements for PCB equipment and contaminated material.
Recognizing the need for such a program, Congress passed the Toxic Substance and
Control Act (TSCA) in 1976. Under TSCA, the EPA regulates the manufacture, use,
distribution in commerce, and disposal of PCBs. All federal regulations and requirements
related to PCBs are provided in the Code of Federal Regulations (40 CFR Part 761) which
is available at larger libraries and at every U.S. EPA Regional Office. The federal PCB
management program under TSCA includes all of the elements mentioned above and is the
most promising long term solution to reducing PCB exposures.
By 1982, the manufacture and processing of PCBs was banned, and PCBs or
equipment containing PCBs could no longer be sold. As a result of the manufacturing ban,
industry, under EPA review, has developed environmentally preferable substitutes to take
the place of PCBs. Many power companies now use mineral oil in transformers and
dielectric fluid in capacitors as safer substitutes for PCBs.
EPA also regulates the disposal of PCBs. Under TSCA requirements, PCB disposal
is safer. For example, extensive air pollution controls and higher burn temperatures have
reduced the risks of incineration. In addition, more environmentally sound disposal methods
have been developed. These include physical, chemical and biological treatment
alternatives. Chemical detoxification, the most common disposal method, attacks PCB
molecules at the chlorine-carbon bonds and results in less toxic,chemicals. New PCB
substitutes and safer disposal methods will continue to be developed until the nation's PCB
problems_are remedied.
The EPA and its PCB management program continue to evolve as new concerns and
information are made available to the environmental community. For example, in 1985, the
EPA promulgated the PCB Transformer Fires Regulation. In these rules, installation of
PCB equipment near commercial buildings is prohibited. PCB transformer areas must be
marked, and the transformers must be registered with the local fire department.
Additionally, transformer fires must be immediately reported to the U.S. Coast Guard's
National Spill Response Center. As of October 1, 1990, any PCB use in equipment with a
high probability of electrical failure was prohibited.
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Current PCB Uses Other than in Electrical Equipment
I. PCBs were produced for the following general use categories
in the approximate percentages below:
Dielectric Fluid for Electrical Equipment 56%
(Mostly capacitors and Transformers)
Plasticizers . 28%
Hydraulic Fluids 13%
Heat Transfer Fluids 3%
II. There is very little known about "Plasticiser Uses", however
there are indications that some of these uses would include:
- sound dampening felt in nuclear submarines
- air handling ductwork gaskets
- launching tubes for rockets which deliver nerve agent
- adhesives
- caulking materials
- paints
- other coatings
III. other uses learned often through wearisome experience
-. coating on ceiling tiles
- oil in electric radiating home heaters
- Epoxy coating applied to internal surfaces of water
storage tanks
- Submersible irrigation pumps
- Air compressors used to start natural gas pipeline
compressors
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PCB PRODUCTION, USE AND REMOVAL SUMMARY
1 i
Pre-TSCA PCB Universe (Based on 1976 FR notice estimates)
PCBs Produced (1929-1977) 1.55 billion Ibs
- dielectric fluids of transformers &
capacitors (965 million Ibs)
hydraulic & heat transfer equipment
(100 million Ibs)
- plasticizers in carbonless copy paper
(45 million Ibs)
PCBs Disposed of (landfills & dumps) 300 million Ibs
PCBs Released to Environment - 150 million Ibs
Post-TSCA PCB Universe (Based on 1988 NSM RIA)
PCBs in Use (1976 estimate) . 750 million Ibs
PCBs Disposed of (in accordance with 40 468 million Ibs
CFR 760.60)
PCBs Remaining in Service (1988) 282 million Ibs
PCBs that could potentially be disposed 166 million Ibs
of by 1993 through Phase-Out
Requirements
1. The regulated community has other options than disposal, i.e.
provide enhanced electrical protection (EEP) or reclassify the
transformer.
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HUMAN ^
RESOURCES
TEAM
TOTAL QUALITY MANAf.FMFNT
"We're responsible for Quality and so are you".
BACKGROUND
The HRT was formed in May 1992 as a three person team.
Expanded to include Trudie & Brian.
— Primary goal of team: to provide an infrastructure-for
accessing, facilitating and evaluating on-going
improvements in the areas of staff training and
development, internal communications, and total quality
management.
The team works with all OPPT staff members, the Human
Resources Panel, management, and other groups.
COMMUNICATIONS
Grapevine
— Directory
New Moves News
Focal Point Networks
Bulletin Boards
Library/Resource Center
TRAINING
Recenty distributed results of OPPT completed training
needs assessment to Division Directors. Developed a
training plan based on needs identified in survey.
On-going training classes
o Interpersonal Communications
o Ethics Training
o Career Development Workshop
o Mentoring
o New Employee Orientation
o Other training opportunites announced.
EPA Institute (Schedule included)
Myers-Briggs/Teambuilding (available upon request)
-------
-2-
TOTAL QUALITY MANAGEMENT
Ongoing efforts to train all staff.
Inter/Intra divisional QATs and Workgroups
Total Quality Resource Center in Library
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United Stales
Enulronmental Protection
agency
-
I
Washington, DC 20460
HUMHN RESOURCE HRNHEEMFNT
EPA INSTITUTE
EPA
INSTITUTE
FY 1994 CALENDAR
OF
LEARNING OPPORTUNITIES
CURRICULUM OF THE 90'S
// EPA INSTITUTE'S
LEARNING LAB!
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BECOMING A LEARNING ORGANIZATION
"Learning is not a task or a problem — It is a way to he in
the world." — Sidney Jourard
This is the opening citation for the EPA National Performance
Review (NPR) Workforce Capacity Report and the theme for this
year's EPA Institute Calendar. The report recommends that we begin
recreating EPA as a "learning organization" — a culture in which
learning is part of the way we do our environmental work every day,
and that EPA "... provide all employees with consistent,
just-in-time access to learning systems, information systems, and
performance support systems through state-of-the-art technology."
To support these efforts, the EPA Institute and the EPA
Training Network (an association of forty-three separate EPA
training organizations) have been collaborating to make learning
more accessible and relevant to the workforce. The representatives
of the Training Network meet quarterly to explore new delivery
mechanisms, such as the .Air Pollution Training Institute's
Satellite Distance Training Network and the Underground Storage
Tank program's interactive video for health and safety training.
The EPA Institute's role in the learning organization is to
make available, in the most effective way possible, the "Curriculum
of the 90 's" — the body of general knowledge, skills and abilities
that employees need to perform their jobs in a large organization.
To help you access the Curriculum of the 90' s at your own
convenience in your busy schedule, the EPA Institute and the
Washington Information Center have created a Learning Lab, a self-
paced, technology-based learning environment at the WIC facilities
in Waterside Mall. The Learning Lab offers a variety of on-line
courses and technology-based learning systems. There is a full
description of the Learning Lab and available courseware on page
5 of this calendar.
The EPA Institute's learning experts are available to
familiarize you with the technology, and help you choose the most
appropriate • learning experiences. Our goal is to help you invest
your time in the best way to acquire new skills more efficiently
and apply them more effectively on the job.
Finally, in the interest of pollution prevention and process
simplification, we have eliminated the use of the 10-part Standard
Form 182 for all EPA Institute-sponsored courses, both cost and no-
cost. The one-page registration form attached can be used for all
courses in this calendar. When applying for classes outside the
Agency, or other than those listed here, you may still be required
to use -the SF-182.
Renelle Rae
Director, EPA Institute
:-:0-6678
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181
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Meetings Management
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^
''•FMS&^y^w..: x .-
••iB§|iBr^^|p^(e>based Tools
• Women's ecuth/e Leadership
Current Issue Seminars
Looking Glass WoreKbp Program
Career Enhancement ••••
(College-levet Course Work)
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EPA INSTITUTE
CURRICULUM OF THE 90'S
I
Table of Contents
Course Title Course Description Page #'s
The EPA Institute Learning Laboratory 5-7
Computer Courseware 5
Communications Courseware 6
Health and Safety Courseware 6
Management Courseware 7
New Employees - Core Curriculum
Individual Work & Communication Skills Workshop 8
Resources Management Workshop 8
Pollution Prevention Workshop 8
Cultural Diversity Workshop 8
Environmental Management Workshop 8
Leadership Workshop 8
Total Quality Management Workshop 8
Cross-Cutting Skills
FederalEm^^ovee^thics
Freedom of Information Act (FOIA) .......................................... 9
Confidential Business Information (CBI) .................................... 9
Ethics and Conflict of Interest ............................................ 9
Health and Safety
Occupational Health and Safety Basic Field Course (24 hrs) ... .............. 9
Occupational Health and Safety Field Refresher Course (8 hrs) .. ............ 9
CojjtractsManagement
Contracts Administration (Certification) ................................... 9
Contracts Administration for Supervisors ................................... 9
Basic Project Officer (Certification) ...................................... 9
Recertif icaEion for Contract Managers ..................................... 10
Careeranaernent
.....' ........................................... 10
Individual Work Skills
Analytical Skills (Advanced), (Intermediate) . ............................. 10
Proofreading & Editing . .................... . .............................. 10
Learning Strategies [[[ - 3
Learning How To Learn [[[ 13
Effective Briefing [[[ '- ?
Advanced Briefing [[[ • ~
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Files Maintenance n
Business Writing ]\ \ 13/
Time Management ; n
Advanced Time/Project Management 11
Timekeeping 11
Travel 11
International Travel 12
Vocabulary II 12
EPA Themes
Strategic Planning » 12
giaJjMajjaaemgnt
Risk Communication Workshop ............................................... 12
.................... , ................. 8
EnvTroninentaT^ManaQement Workshop .................................. 8
Leadership
Career Development Worksnop ............................................. 12
Train the Trainer . . [[[ 12
Planning for Career Advancement ........................................... 12
How to be Interviewed [[[ 12
Assertiveness Training [[[ 13
Facilitation Skills [[[ 13
Interpersonal Communication ............................................... 13
Myers-Briggs Type Indicator (MBTI) ............... ....... . ................. 13
Negotiation Skills [[[ 13
Making Meetings Work [[[ 13
Professional Ex ceence/Secret arias and AdminAssstants. ..... .......... 13
Professional Image 6 Self Esteem .......................................... 13
Let Your Image Work for You ............................................... 13
Accelerated Learning [[[ 14
Certified Professonasecretary (CPS) . ... ............................ " ..... 14
Goalsetters Reaching for Opportunities (GRO) ............................... 14
Greater Leadership Opportunities (GLO) ........................... ..... ..... 14
Women ' a Executive Leadership Program ( WEL ) ................................. 14
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The EPA Institute Learning Laboratory
The EPA Institute is establishing a Learning Laboratory, a research and development
r* lwrning7 "" ThfZeirnSni EW?frTov£a«r Jf-'reW^paced learning " center for EPA
employees, with access to a variety of technology-based training and self-assessment tools.
The Lab is being operated in cooperation with the Washington Information Center (WIC).
The selection* for computer-based instruction include interactive video disc (IVD),
computer-based training (CBT), and CO-ROM. The Institute can assist program offices and
individuals with demonstrations and product evaluations. For additional information about
accessing the self-paced training programs, contact the EPA Institute at (202) 260-6678.
COMPUTER COURSEWARE
DESCRIPTION
DBase ill Plus
DBase IV
Lotus 1-2-3
WordPerfect 5.0
PC/DOS for Hard Disks
Introducing Personal Computers
Local Area Network Concepts
Covers features such as using DBASE ASSIST and
dot prompts as the student sets up a database
file, enters and edits data, indexes, sorts and
displays the database, and prints a report. (4-6
hours) . .
Teaches fundamentals and many of the advanced
features including formulas, range commands,
formatting, printing, templates and
consolidation, graphics, data management, and
keyboard macro capabilities. (6-10 hours)
Covers start-up, creating and editing documents,
pagination, changing format settings, using
search and replace, and advanced functions such
as block commands, spelling verification, merge
files and text columns. (6-8 hours)
Introduces the fundamentals of working on a PC
hard disk, loading DOS programs, accessing DOS
with commands, directories and directory trees,
redirecting output and automated batch files.
(4-6 hours)
Introduces the use of the IBM PC and disk
operating system, care and operation, using the
keyboard, working with files and filenames, and
using the basic' DOS commands and procedures to
work with disks and maintain files. (2-4 hours)
Provides an overview of the technology,
implementations, and benefits of LANs. Covers
features and characteristics, benefits of
different configurations and topologies, and
other technical aspects. (6-8 hours)
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COMMUNICATIONS
COURSEWARE
DESCRIPTION
Beyond words: Reading
Beyond words: Writing
Beyond words: Math
Reading i Writing Enhancement
Interpersonal Skills
Comprehensive reading, writing and math skx
for adult*. Lesson* include video disc lessons,
paper and pencil practice sessions, and computer
review and practice lessons. Provides 16
reading, 10 writing and 15 math modules, with
pro- and post-testing for every, module and
extensive student record-keeping. (up to 120
hours)
Six videodiscs provide 24 to 36 hours of work
time to improve reading and writing skills on the
job through instruction and practice with
realistic workplace applications. Includes a
diagnostic pretest which can be used to place
participants at the appropriate lesson. (8-15
hours)
Emphasizes developing-better communication skills
through observation and interpretation'of others'
behavior, as well as development of listening and
speaking skills in small group and one-on-one
situations. Team effectiveness and problem-
solving skills are also presented. (4-6 hours)
HEALTH AND SAFETY
COURSEWARE
DESCRIPTION
Respiratory Protection
Electrical Safety
Underground_Storaga Tank Health
and Safety
Two parts: Air Purifying Respirators __,
Atmosphere-Supplying Respirators. Each module
describes the characteristics of potentially
hazardous atmospheres requiring protective
devices; different types and uses of air
purifying respirators and atmosphere supplying
respirators are described along with conditions
appropriate for each. Fit, functions,
maintenance, and storage are explained. (8-12
hours)
Presents principles of basic electrical safety as
well as how to perform lockout and tagout
procedures in accordance with OSHA requirements.
(8-12 hours)
Developed for the Office of Underground Storage
Tanks at EPA, addresses the fundamentals of OSHA
and EPA safety requirements for inspectors and
workers. (8-12 hours)
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MANAGEMENT COURSEWARE
DESCRIPTION
Management Skills for Project
Managers
Principles of Project
Management
Managing Waste
Designed primarily for managing information
systems projects, describes the role of the
project manager including techniques for time
management, designing the project plan,
identifying critical tasks and interdependencies,
decision-making steps and criteria, job aids,
checklists, and charts. (9-12 hours)
Three modules cover the process, planning toolp
and techniques, tracking, and control. Defines
project management, identifies the key
activities, the manager's roles, the
interrelationships between the three prime
constraints and their effect on management, the
use of computer software to plan and track
projects, dealing with problems. Stresses, the
importance of leadership, communications,
motivation and- negotiation skills during a
project's execution. (2-3 hours)
Designed for operators with waste management
responsibilities to meet personnel training
requirements established under RCRA. Appropriate
for sites which generate, store, treat, and/or
dispose of hazardous waste. (4-6 hours)
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COTTRSF, DESCRIPTIONS
This-entire seric»^)f courses is recommended for-att new-employees; Others may atten(
a space - available basis.
NEW EMPLOYEES - CORE CURRICULUM
INDIVIDUAL WORK « COMMUNICATION SKILLS
WORKSHOP ORIENTATION
Participant* will develop an understanding
of their job requirements, performance
expectations and career issues through
assessment, career modeling and job
analysis. At the end of the course,
participants will have a proposed
Individual Development Plan (IDP) and be
prepared for a discussion with their
supervisor on job performance requirements
and training and development needs.
Length: 1/2 day
Contact: Virginia Rheinhardt, 260-8022
Cost: No Cost
Dates: 1/18, 3/10, 5/2, 8/16
RESOURCES MANAGEMENT WORKSHOP ORIENTATION
The purpose of this workshop is to acquaint
new EPA employees with an overview of
resources management issues,; options and
procedures.
Length: 1/2 day
Contact: Virginia Rheinhardt, 260-8022
Cost: No Cost
Dates: . 11/4, 2/8, 4/12, 6/23, 8/25
POLLUTION PREVENTION WORKSHOP ORIENTATION
The purpose of this workshop is to help
people understand the concept and
philosophy of pollution prevention. This
course helps people to begin to think
"pollution prevention" and will enable
participants to adopt a prevention approach
to environmental decision making in their
lives.
Length: 1/2 day
Contact: Virginia Rheiahardt, 260-8022
Cost: No Cost
Dates: 11/10, 2/1, 4/12, 6/21
CULTURAL DIVERSITY WORKSHOP ORIENTATION
The purpose of this workshop is to assist
the general workforce in understanding many
of the key issues in workforce diversity.
Differing values will be examined as well
as communication styles.
Length: 1/2 day
Contact: Virginia Rheinhardt, 260-8022
Cost: No Cost
Dates: 1/26, 3/8, 5/25, 9/14
MANAGEMENT
WORKSHOP
ENVIRONMENTAL
ORIENTATION
The purpose of this workshop is to
acclimate new employees to EPA's work and
enable them to make contributions more
quickly and effectively.
Lengths 1/2 day
Contact: Virginia Rheinhardt, 260-8022
Cost: No Cost
Dates: 5/10, 8/9
LEADERSHIP WORKSHOP ORIENTATION
This course deals with leadership as a
group of skills that we can all master.
Through individual and group exercises, a
video, and class discussion, the course
describes three groups of skills/behaviors
that are consistently identified with
leadership. Participants will be asked to
develop an action plan for enhancing their
leadership skills and behaviors.
Length: 1/2 day
Contact: Virginia Rheinhardt, 260-8J
Cost: No Cost
Dates: 12/9, 2/10, 6/29, 8/10
MANAGEMENT
WORKSHOP
TOTAL QUALITY
ORIENTATION
The purpose of -this workshop is to acquaint
new employees with the management method
the Agency is transitioning to, i.e., Total
Quality Management (TQM).
Length: 1/2 day
Contact: Virginia Rheinhardt, 260-8022
Cost: No Cost
Dates: 12/2, 2/17, 4/19, 7/14
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CROSS-CUTTING SKILLS
__ FEPERAL-BMELQYEE ETHICS
/KEBDOM OP INFORMATION ACT (POZA)
This program is designed by the EPA Freedom
of Information office and the Office of
General Counsel to provide each participant
with information about the freedom of
Information Act (FOIA) and the Agency's
implementation policies and procedures.
The FOIA, the EPA '8 amended regulations,
the Agony's new manual, and 'recent case law
are discussed through lectures and
workshops.
Length i 1 day
Contact: Debora Dorsey, 260-9734 -
Cost: No Cost
Dates t 11/3, 3/15, 7/12
CONFIDENTIAL BUSINESS INFORMATION (CBZ)
This program is designed by the Office of
General Counsel to provide each participant
with information about confidential
Business Information (CBI) and the Agency's
implementation of CBI policies and
procedures. The Trade Secrets Act,
disclosure of CBI, security procedures and
recent case law are examples of the topics
discussed through lectures and workshops.
Lengtht • 1 day
Contact: Debora Dorsey, 260-9734
Cost i No Cost
Dates t 3/17, 3/23, 7/20
AND CONFLICT OF INTEREST
This program is designed by the Office of
General Counsel to provide each participant
with a better understanding of conflict-of-
interest laws and EPA standards of conduct.
The course format includes lecture, class
discussion, and case studies.
Length: 1/2 day
Contact: Debora Dorsey, 260-9734
Cost: No Cost
HEALTH AND SAFETY
OCCUPATIONAL HEALTH AND SAFETY BASIC FIELD
COURSE (24 KRS)
This 24-hour workshop emphasizes safe and
healthful working conditions, personal
protective clothing and equipment, the
importance of preparation for field
activities, and stresses the employee's
responsibility in reporting hazards
associated with such, as well as their
responsibility, to learn health and safety
procedures to protect themselves and
others.
Length: 3 days
Contact: Owen James, 260-2594
Cost: $250.00
Dates: 6/14, 7/26
OCCUPATIONAL HEALTH AND SAFETY FIELD
REFRESHER COURSE
(8 HRS)
This is an 8-hour refresher session for
employees who completed-the 3-day-basic
field or a 40-hour health and safety
training course. This course is required
for employees to perform field activities
or for those who supervise employees who
perform field activities.
Length: 1 day
'Contact: Owen James, 260-2594
Cost: $185.00
Date: 7/19
CONTRACTS MANAGEMENT
CONTRACT ADMINISTRATION (Certification)
This 3-day training course is designed to
provide EPA Project Officers, Work
Assignment Managers and Delivery Order
Project Officers, with a better
understanding of their roles. The course
is presented through a" combination of
lecture, 'video presentation, -and active
student participation. It includes an
open-book examination at the end of the
course.
Length: 3 days
Contact: Owen James, 260-2594
Cost: No Cost
Dates: 10/5, 11/2, 12/4, 1/4, 2/1,
3/1, 4/5, 5/3, 5/31, 7/12,
8/2, 9/13
CONTRACT ADMINISTRATION FOR SUPERVISORS
This course is designed for supervisors and
managers to provide an understanding of the
contract administration process and the
role of EPA project officers, work
assignment managers, and delivery order
officers. It will equip the supervisor
with information on the duties of these
positions and ensure a better understanding
of the project officer certification
program.
Length: 1 day
Contact: Virginia Rheinhardt, 260-8022
Cost: No Cost
Dates: 10/8, 11/5, 12/17, 1/7, 2/4,
3/4, 4/8, 5/6, 6/3, 7/15, 8/5,
9/16
BASIC PROJECT OFFICER TRAINING
(CERTIFICATION)
This course is required for all 'Contract
Project Officers. It provides the attendee
with a thorough understanding of the
Project Officer's responsibilities within
the pre-award phase of the acquisition
cycle. The course discusses the authority
of individuals involved in the acquisition
process; what is required of the Project
Officer in acquisition planning; how to
draft a Statement of Work; the process of
preparing a Procurement Request Package;
how to develop technical evaluation
criteria; procedures for evaluating
technical proposals; and the process or
-------
negotiating and selecting a source. This
course does not provide training in the
areas of grants or cooperative agreements.
Length! 3 days
Contactt Owea Ja»es, 260-2994
Costt $100.00
Dates i U/16, 12/7
RECBXXXPXCATZON POM CONTRACT MANAGERS
This 1-day course is designed to provide
EPA Project Officer, Work Assignment
Managers, and Delivery Order Project
Officers with information- to make them
aware of new developments' of concern in
procurement and to enhance their
performance in contract administration.
The course handouts will serve as handy,
desk-top reference materials.
Lengtht 1 day
Contact: Owen James, 260-2594
Cost: No Cost
Datesi 10/21, 11/17, 12/6, 1/26, 2/16,
4/8, 6/3, 7/6, 8/5, 9/2
CAREER MANAGEMENT
CONFLICT/STRESS MANAGEMENT
This workshop deals with the theory behind
several conflict/stress management concepts
which are discussed and applied to
examples. A.large portion of the time is
devoted to current conflict/stress
management situations.
Lengths 1 day
Contact! Debora Dorsey, 260-9734
Cost! $100.00
Datei 3/23
INDIVIDUAL WORK SKILLS
SKILLS
(ADVANCED)
ANALYTICAL
(INTERMEDIATE)
This course addresses the analytical skills
needed to effectively assess technical
documents/reports; This course is designed
for employees who possess satisfactory
reading skills. Emphasis is placed on how
reasoning skills help you to extract
meaning from words. Topics to be discussed
are: reading comprehension, word analysis;
new terminology; vocabulary enrichment;
understanding written directives; analysis
and reading skills; outlining techniques;
summarizing data^-and critical evaluation
of technical documents.
Length: 2 days
Contact: Debora Dorsey, 260-9734
Cost: $300.00
Dates: 2/15, 3/28, 5/17
PROOFREADING AND EDITING
This course is designed to sharpen
proofreading skills by reviewing
proofreading rules; proofreading for errors
in abbreviations, format, grammar,
capitalization, punctuation, and number;
editing for errors in content, clarity, a-.i
conciseness; using different methods of
proofreading for different materials.
Length! 2 days
Contact! Owen James, 260-2594 .
Cost! — $3OO.OO •— •-•
Dates! 1/18, 5/24
LEARNING STRATEGIES
This program will provide instruction in
attitude development, note taking, memory
techniques, critical thinking and
listening. The course uses lecture,
discussion, demonstration, written and oral
exercises, and video presentations.
Length! 3 days
Contact! Owen James, 260-2594
Cost! $300.00
Date: 7/12
LEARNING HOW TO LEARN
This workshop will help make you aware of
the learning process. Apply what you
•learn" to expand your ability to create
the results you desire, develop new
patterns of thinking, and achieve new
levels of personnel mastry.
Length! , 2 days
Contact! Debora Dorsey, 260-9734
Cost! $100.00
Datei 12/8
EFFECTIVE BRIEFING
This results oriented workshop will enable
participants to make their presentations
more interesting, powerful and effective "-•'
breaking down the task of public s
into three manageaole lists. Partici;j
will be shown ways to organize and
a presentation with an opportunity 'to
present and deliver several short
presentations. These are then video taped
for instant feedback on the effectiveness
of the presentation.
Length! 2 days
Contact: Debora Dorsey, 260-9734
Cost! $250.00
Datei 1/11
ADVANCED BRIEFING
Building on lessons learned in Effective
Briefing, this course focuses more closely
on planning and preparing for high-level
briefings, such as policy statements, media
briefings, or congressional .testimony.
Participants will practice advanced skills
such as conducting an audience analysis,
grabbing . and keeping the audience's
attention, dealing with tough quest ions.
(Briefings will be videotaped for
analysis.)
Length: 3 days
Contact: Debora Dorsey, 260-9734
Cost: $150.00
Dates: 3/15, 9/20
PROFESSIONAL PRESENTATIONS
In this workshop you will learn ter-.r..
for structuring material effective..I
devising successful introduceir-s "
10
-------
closings, for moving and gesturing
powerfully, and for gaining greater
strength, clarity, and control in your
voice. You will also learn how you can
replace- nervousness ^ or-r-, reluctance with
poise, confidence and enthusiasm.
Length: 2 day*
Contact: Owen JAMS, 260-2594
Cost! $300.00
Datei 12/7
LISTENING AND MEMORY DEVELOPMENT
Most workers spend 40 to. 50 percent of
their workday listening. Through listening
surveys, brief. lectures/ practical
exercises and discussions, participants
learn practical techniques for improving
listening skills. They learn to recognize
and overcome barriers to . effective
listening; better organize information
transmitted orally; and comprehend, retain
and recall information more effectively.
Length: 2 days
Contact! Owen James, 260-2594
Cost: $200.00
Date: 4/19 ,
RECORDS MANAGEMENT
This course acquaints participants with
proper procedures for maintaining and
disposing of. Federal records. Topics
include organization and management of
records-retention period, packaging, and
shipping. Participants tour the Records
Center Facility.
T^ngth: 2 days
L ontact: Debora Dorsey, 260-9734
Pjost: $150.00
Dates: 11/18, 4/6
FILES MAINTENANCE
This two day course will examine a variety
of filing plans, discuss the "how" and
"whys" of filing and provide models for
developing appropriate filing systems, as
well as assist participants in resolving
their special filing problems.
Length: 2 days
Contact: Debora Dorsey, 260-9734
Cost: $200.00
Dates: 11/3, 3/1
BUSINESS WRITING
This workshop -is designed to help
participants write clear, and organized
letters, memos and reports, and do so
quickly and with confidence. The first day
covers how to produce and organize ideas,
get thoughts down quickly, and organize
paragraphs so .your writing flows smoothly.
The second day deals with style and how to
eliminate wordiness and ambiguity.
Length: 2 days
Contact: Owen James, 260-2594
Cost: $300.00
Dates: 10/20, 11/9, 12/9, 6/7
TIME MANAGEMENT
The objective of this course is to help
employees at all levels make the best
possible use of time—their own, their
i_subordinates', . ..an^L. ^their . .coworkers'.
Topics include how to save up to two full
hours every working day, how to decide what
is important and what is urgent, how to cut
down the "time wasters* in a day, and how
to conquer procrastination. Participants
will also learn a systematic approach to
organizing time.
Length: 1 day
Contact: Debora Dorsey, 260-9734
Cost: $200.00
Dates: 11/9, 2/1, 4/5
ADVANCED TIME/PROJECT MANAGEMENT
This is a follow-up session to the Time
Management course. All applicants must
have taken the Time Management course prior
to this session.
Lengtht 1 day
Contact: Debora Dorsey, 260-9734
Cost: $300.00
Date: 9/18
TIMEKEEPING
This course will enable timekeepers and
designated agents to understand timekeeping
policies and procedures. The course is
intended to explain fully how to complete,
certify, and correct time cards; how to
complete the T/A Batch Control Sheet; and
how .to report labor-distribution
information. It also familiarizes
participants with rules and regulations
governing premium pay, paid leave, and
other absences.
Length: 1 day
Contact: Virginia Rheinhardt, 260-8022
Cost! No Cost
Dates: 10/28, 1/20, 4/28
TRAVEL
This course provides an understanding of
travel policies and procedures under the
Diners Club Card program and "Lodgings-
Plus" system applicable for temporary duty
assignments and local travel. It
familiarizes participants with Agency
travel forms and proper preparation of
these forms for new, amended, and canceled
travel arrangements; instructs participants
on procedures for reimbursement of local
travel expenses;.familiarizes participants
with available sources of travel
information and services within the Agency
and through, the Travel Management Center;
and fosters knowledge and understanding of
the Federal Travel Regulations in
determining all reimbursable travel
expenses.
Length: 1/2 day
Contact: Virginia Rheinhardt, 260-8022
Cost: No Cost
Dates: 10/22, 12/2, 2/17, 3/24, 5/17
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INTERNATIONAL TRAVEL
This training course will provide an
understanding of the travel policies and
procedure* under the world-wid*."Lodgings-
Plus" system applicable for international
assignment*.
Lengtht 1/2 day
Contactt Virginia Rheinhardt, 260-8022
Costs No Cost
Datest 11/18, 4/12, 7/12
VOCABULARY XX
For those of you who profited from Building
a More Professional Vocabulary, we have
developed a second course, Vocabulary
Building XX. Learning new words takes
work, but it can be fun and it has many
rewards. Having a good vocabulary is an
acquired skill, not a special gift.
Lengtht 1 day
Contact! Debora Dorsey, 260-9734
Cost! No Cost
Datei 5/4
EPA THEMES
STRATBOXC PLANNXNO
STRATEGIC PLANNING
This one day seminar addresses techniques
for developing and implementing a strategic
plan. Topics addressed are: the nature of
strategic planning, relationship between
strategic planning and other types of
planning, the sequence of steps for
developing a plan, and the typical problems
and solutions encountered in the strategic
planning and implementation process. By
the end of the seminar, participants will
have a model for strategic planning and
insights on how to effectively conduct this
process.
Length! 1 day
Contact! . Debora Dorsey, 260-9734
Cost: $200.00
Date: 11/16
LEADERSHIP
RISK COMMUNICATION WORKSHOP
This workshop wilL-introduce the principles
of communicating about the risk from
pollutants, especially at the community
level. Using case studies, the workshop
presents the participant with the various
purposes and aspects of risk communication.
It discusses a number of communication
options and provides guidelines for more
effective communication about environmental
risks.
Length: 2 days
Contact: Debora Dorsey, 260-9734
Cost: No Cost
Dates: 10/26, 12/14, 1/11
CAREER DEVELOPMENT WORKSHOP
This workshop introduces EPA's Curriculum
of the 90's as a tool for building a
successful career by integrating the needs
of the job with the skills and interests of
the employees. The participants will be
prepared for a well organized discussion
with their supervisor on job performance
requirements and individual training and
development needs.
Length! 1 day
Contact! Virginia Rheinhardt, 260-8022
Cost: $150.00
Date: 3/8
TRAIN THE TRAINER
This program is designed by the EPA
Institute to prepare people who have been
selected by their organizations as trainers
for Institute-courses. The objectives of
the course are to train people in making
their course presentations as effective as
possible, using a wide range of training
techniques and approaches; to develop
strategies for self-presentation, tailoring
to the learner, participation by the group,
and solving potential problems; to develop
approaches suitable for adult learners in a
peer situation; and to develop a aupp^-t
network of Institute trainers at EP'__
they can exchange ideas, feedback,.
contacts.
Length:
Contact:
Cost:
Datesi
3 days
Owen J
TBA
3/1, 9/6
s, 260-2594
PLANNXNO FOR CAREER ADVANCEMENT
This workshop is designed to help
participants in identifying and developing
.their potentials and capabilities. It will
enable participants to be more effective in
their present positions and increase their
self-confidence to prepare for future
opportunities, including job enrichment and
advancement.
Length: 2 days
Contact: Debora Dorsey, 260-9734
Cost: $150.00
Date: 1/27 .
HOW TO BE INTERVIEWED
This one-day workshop will help anyone that
would like to develop or strengthen their
interviewing techniques. This workshop
will deal with half-day discussion and
recommendations for interviewing styles and
the second half of the day will be actual
role play situations in an interviewing
situation.
Length: 1 day
Contact: Debora Dorsey, 260-9734
Cost: No Cost
Date: 10/27, 9/15
12
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ASSERTIVENESS TRAINING
Upon completion of this workshop,
participants will be able to identify and
practice skills which are critical to
satisfying interpersonal relationships.
engtht *• 1 «»y
.ontact: Debora Dorsey, 260-9734
Costt $75.00
Oatet 12/7
FACILITATION SKILLS
This three-day workshop is designed to
enable participants to be more effective
facilitators. It provides the basics for
those who have not facilitated before and
is a refresher for those 'with previous
facilitation experience. The first two
days of the workshop will address
differences between good and poor meetings;
behaviors and skills needed to facilitate
well; actions for facilitators to consider
prior to, during, and after the meeting;
dealing effectively with difficult people
and situations; communications - skills;
conflict management; and meeting design and
co-facilitation. The third day consists, of
a series of video-taped meetings designed
and facilitated by the participants.
Length: 3 days
Contact: Debora Dorsey, 260-9734
Cost: $250.00
Dates: 1/18, 4/27
INTERPERSONAL COMMUNICATION '
This course is designed to help
participants increase their personal and
rganizational effectiveness through
r.mproved communications in the office.
Participants will learn to deal more
effectively with people and to build
stronger working relationships.
Communication techniques which reduce
conflict and misunderstanding are
emphasized.
Length: 2 days
Contact: Debora Dorsey, 260-9734
Cost: $200.00
Date: 3/21
MYERS-BRIGGS TYPE INDICATOR (NBTZ)
This is not a course, but an instrument and
its interpretation. The Myers-Briggs Type
Indicator (MBTI) is an excellent tool for
understanding and- appreciating different
personalities and workstyles in the
workplace.
Length: 1 day
Contact: Debora Dorsey, 260-9734
Cost: $25.00
Dates: 11/12, 2/8, 5/20, 9/28
NEGOTIATION SKILLS
Course content includes basic negotiation
concepts and process skills, sharpening
communication and facilitation skills, time
management, and preparation for
^gotiations. The course objectives are to
.icrease participants' skills for effective
|iegotiating with counterparts both in and
outside EPA, and to introduce participants
to a variety of negotiating styles and
techniques.
Length: 2 days
Contact: Debora Dorsey, 260-9734
Cost: $200.00
Date: 4/12
MAKING MEETIN01 WORK
Because many matters cannot be handled by
individuals acting alone, countless
meetings are held each year in government.
An ineffective meeting can mean a
tremendous loss of time and money.
Meetings should be a means of giving and
getting information, motivating
participants and solving problems.
Length: 1 day
Contact: Debora Dorsey, 260-9734
Cost: $150.00
Date: 1/26
ADMINISTRATIVE SUPPORT/SBCRBTARIES/OFFICE
MANAGERS LEADERSHIP
PROFESSIONAL EXCELLENCE/SECRETARIES I
ADMIN. ASSISTANTS
Secretaries and Administrative Assistants
are essential members of the management
team. Learn more about basic management
principals and explore the skills and
traits which will make you an effective and
recognized office assistant.
Lengtht 2 days
Contact: Debora Dorsey, 26O-9734
Cost: $225.00
Date: 10/13
PROFESSIONAL IMAGE ft SELF ESTEEM
This highly interactive workshop is
designed to give participants an
opportunity to evaluate the image of
themselves that they present to others.
They will also learn how they can enhance
that image using wardrobe, non-verbal
communications, and confidence building
techniques.
Length: 1 day
Contact: Debora Dorsey, 260-9734
Cost: $150.00
Date: 2/10
LET YOUR IMAGE WORK FOR YOU
This workshop will help the participants
project a positive image and thereby gain
self-confidence. They will learn how to
build personal credibility through the
effective use of wardrobe, body language,
(including posture and facial expressions),
and voice. During the segment on wardrobe
the participants will have a hands-on
opportunity to see how separates can be
inexpensively mixed and matched to create a
professional look.
Length: 1 day
Contact: Debora Dorsey, 260-9734
Cost: $100.00
Date: 12/17
13
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ACCELERATED LEARNING
This workshop will help to increase the
pace of the learning process and help to
bring about more positive learning
technique*. 'ThiW Workshop will help you to ' ' " ,.._.--
strengthen the skills that will help your
professional growth process.
Length! 2 days
Contacti Oebora Dorsey, 260-9734
Cost! $150.00
Datei 2/22
EPA LEADERSHIP DEVELOPMENT PROGRAMS
CERTIFIED PROFESSIONAL SECRETARY (CPS)
PROGRAM OS 4-10
The Certified Professional Secretary
Program is a 3 to 4 year developmental
program whose target audience includes GS-4
through GS-10 Clerk-Typists and
Secretaries. College level courses are
taught on-site to prepare
secretarial/clerical personnel to more
effectively carry out their administrative
responsibilities by enhancing skills and
increasing self-esteem. Completion of this
training program will also equip the
participants to pass the 2-day, 6-part CPS
exam. Certification by this program is
recognized internationally as a standard of
professionalism and accomplishment.
Location! EPA host sites
Cost! $600.00 per semester (includes
books)
Dates i Sept. - Dee., Jan. - Nay
Contact! Ann Cherry, 202-260-8832
GOALSETTBRS REACHING FOR OPPORTUNITIES
(GRO) OS 4-10
This development program is designed for
EPA Headquarters employees in grades GS 4
through 10. It is a year-long program that
includes 40 hours of intensive training in
leadership skills, motivation, professional
image, self-marketing, and self-
presentation, career management, goal-
setting, and a number of follow-up
activities.
Locations To b« announced
Cost! $300.00 tuition plus travel
Dates! To be announced
Contact: Connie=Thosqpkins, 202-260-6180
GREATER LEADERSHIP OPPORTUNITIES (OLO)
GS 11-13
This is a one-year developmental program
whose target . audience includes GS 11
through 13 level women and minorities with
at least 2 years of EPA employment who have
demonstrated potential for leadership. GLO
is designed to increase an employee'a
leadership and management skills in order
to enhance career opportunities and to
enable participants to successfully compete
for supervisory positions.
Location! Sessions are in DC and at EPA
host sites nationwide
Cost! $1500.00 tuition plus 2-3 weeks
travel and per dies
Contact! Laurie Reaer, 202-260-4156; or
. Local OLO Coordinator
WOMEN'S EXECUTIVE LEADERSHIP PROGRAM (WEL)
OS 11-12
A one-year, OPM-sponsored career
development program to help employees
develop their potential for management
advancement. The program is designed for
women and minorities GS-11 and 12.
Contact! Laurie Raaer, 202-260-4156
EXECUTIVE POTENTIAL PROGRAM (EPP)
OS/ON 13-15
A one-year, OPM-sponsored program to
technical specialists develop manage1
skills. GS/GM-13 through 14.
Contact! Brian Smith, 202-260-4155
LOOKING GLASS WORKSHOP OS/ON 13-15
The Looking Glass Workshop is a five-day
intensive, residential leadership training
taught by EPA staff and outside faculty.
It is 'designed for non-supervisory
employees, GS 13-15, who wish to enhance
their personal effectiveness and 'their
career opportunities in the organization.
Location i To b«t announced
Cost: $125O.OO tuition plua travel
Datesi NOT. 15 - 19, 1993 (class full)
:; June 13 - 17, 1994
(Additional sessions at
selected Regional sitss)
Contact: Brian Smith, 202-260-41SS
CAREER ENHANCEMENT PROGRAM
Graduate level course work in Public
Administration, Environmental Policy, or
Public Health on site by three Washington,
DC area universities. George Washington,
Johns Hopkins, and Maryland University.
Location: EPA host sites .
Dates! Sept. - Dec., Jan. - Hay
Contact: Paul Jean, 202-260-3348
14
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FEBRUARY 1994
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
CONTRACT ADMIN.
NO. CONF. cm. a
9M-4M
TIME MANAGEMENT
C ARSON RM.
*00-4.-M
POLLUTION PREVENTION
ORIENTATION
MUIRRM.
t-M-UM
CONTRACT ADMIN.
CONTRACT ADMIN.
CONTRACT ADMIN. FOR
SUPERVISORS
NO. CONF. CTR. «3
9:00 - 4:00
8
10
11
RESOURCES MOMT.
ORIENTATION
C ARSON RM.
9M-4M
MBTI
MUIRRM.
BUSINESS WRTTINO
MUIRRM.
*00 - 4:0*
HOW TO PREPARE YOUR
171
C ARSON RM.
+M-12M
BUSINESS WRITINO
LEADERSHIP
ORIENTATION
C ARSON RM.
1:09-4:0*
PROFESSIONAL IMAGE *
SELF ESTEEM
BREAKROOM
*00-4K>»
14
15
16
17
18
ANALYTICAL SKILLS
(BEOINNINO)
MUIRRM.
9HW-4KW
ANALYTICAL SKILLS
RECERTOTCATION FOR
CONTRACT MORS.
NO. CONF. CTR. 19
TRAVEL
MUIRRM.
»:00.!2:M
TOTAL QUALTTY MOMT.
ORIENTATION
C ARSON RM.
9:00 • 12:09
21
22
ACCELERATED LEARNING
23
ACCELERATED LEARNING
24
25
9M-4M
28
:=»
-------
' ' ' * % s .:.. ' 'v "^
MONDAY
7
14
21
28
ANALYTICAL SKILLS
(INTERMEDIATE)
CARSON RM.
9:06 • 4:00
^ MARCH 1994
¥. ~ 7 '--'"•• • :>;-?x- *'• ' . '•• •, '. .--i.:^^"""" ' ^: -
TUESDAY
i
CONTRACT ADMIN.
NO. CONF. CI1L 19
9#»-4M
TRAIN THE TRAINER
MURRM.
9^»'4>M
FILES MAINTENANCE
C ARSON RM.
MC-4.-M
8
CULTURAL DIVERSITY
ORIENTATION
C ARSON RM.
9M-12M
CAREER DEVELOPMENT
WORKSHOP
MURRM.
*t».4M
15
ADVANCED BRIEFINO
MURRM.
9M-4M
FREEDOM OF
INFORMATION ACT (POIA)
C ARSON RM.
*9»-4M
22
•ADVANCED TIME* '
PROJECT MOMT
MUIBRM.
9M-4HM
29
ANALYTICAL SKILLS
(INTERMEDIATE)
WEDNESDAY
2
CONTRACT ADMIN.
TRAIN THE TRAINER
FILES MAINTENANCE
9
16
ADVANCED BRIEFINO
23
CONFLICT/STRESS
CARSON RM.
*00-4:00
CONFIDENTIAL BUSINESS
INFORMATION (CBI)
MLTRRM.
*00 • 4:00
30
THURSDAY
3
CONTRACT ADMIN.
TRAIN THE TRAINER
INTERPERSONAL
COMMUNICATION
C ARSON RM.
9M-4M
. 10
INDIVIDUAL WORK*
COMMUNICATION SKILLS
ORIENTATION
CARSON RM.
M0-U.-M
17
ADVANCED BRffiFINa
24
TRAVEL
MURRM.
9:00 -12:M
31
f'' '
FRIDAY
4
CONTRACT ADMIN. FOR
SUPERVISORS
INTERPERSONAL
"COMMUNICATION .
11
25
20
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I
APRIL1994
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
CONTRACT AOMIN.
NO. COW. CTR. a
TIME MANAGEMENT
CARSON KM.
9M-4M
CONTRACT AOMIN.
RECORDS MANAGEMENT
C ARSON RM.
9M-4M
CONTRACT AOMIN.
RECORDS MANAGEMENT
CONTRACT AOMIN. FOR
SUPERVISORS
NO. CONP. CTR. 13
RECERTIFICATION FOR
CONTRACT MORS.
NO. CONF. CTR. 19
11
12
13
14
NEGOTIATION SKEULS
MURRM. '
NEGOTIATION SKILLS
INTERNATIONAL TRAVEL
BREAKROOM
9M-UM
RESOURCES MOMT.
ORIENTATION
C ARSON RM.
18
19
20
USTENINO * MEMORY
•DEVELOPMENT
MUIRRM.
9M-4M
TOTAL QUALITY MOMT.
ORIENTATION
' CARSON RM.
LISTENING * MEMORY
DEVELOPMENT
21
POLLUTION PREVENTION
ORIENTATION
MUIRRM.
22
25
26
27
28
29
FACILITATION SKILLS
MVIR RM.
9:00 • 4.00
FACILITATION SKILLS
FACILITATION SKILLS
TIMEKEEPING
CARSON RM.
>:00.4:00
21
-------
^ •
MONDAY
2
INDIVIDUAL WORK*
COMMUNICATION SKILLS
ORIENTATION
C ARSON RM.
*:00-UH»
9
16
23
-"•
30
%,v •" v •• "" * ^ j" S*S^S-5- '. *
>v^ .A-*" ''• ' ' f v' -X^ f Ki ' * %""
TUESDAY
3
CONTRACT ADMIN.
NO. CONF. CTR. 19
*M'*M
10
ENVIRONMENTAL
MANAGEMENT
ORIENTATION
C ARSON RM.
17
TRAVEL
BREAKROOM
9M-12M
ANALYTICAL SKILLS
(ADVANCED REASONINO)
MUIRRM.
9M-4M
24
PROOFREADINa * EDITINa
MUIRRM.
*M-4M
31
CONTRACT ADMIN.
NO. CONF. CTR. 13
9-M-4M
MA^IS^^^ ; . -. .
WEDNESDAY
4
CONTRACT ADMIN
VOCABULARY a
MUIRRM.
9M-4M
11
18
ANALYTICAL SKILLS
(ADVANCED REASONINO)
25
PROOFREADINO* EDITINa
CULTURAL DIVERSITY
ORIENTATION
CARSON RM.
9:00 • 12:0»
THURSDAY
5
CONTRACT ADMIN.
VOCABULARY 0
12
1
19
26
•
FRIDA?
6
CONTRACT ADMIN. FOR
SUPERVISORS
NO. CONF. CTR. 13
*00-4:00
13
20
MBTI
MUIRRM.
9KW-4.-00
27
-------
^^^^_^^^^j^
MONDAY
6
13
/
20
27
1
"^.d^ 'yx%K^i/ <*
TUESDAY
7
BUSINESS WRTTINa
MUIRRM.
MO-4M
14
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AND SAFETY (24 HRS)
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21
POLLUTION
PREVENTION
ORIENTATION
MUIRRM.
Igt-UM
28
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WEDNESDAY
i
CONTRACT ADMIN.
NO. CONF. CTR. 13
*09-4.-M
8
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AND SAFETY (24 HRS)
22
29
LEADERSHIP
ORIENTATION
MUIRRM.
1:00 - 4.00
'S'.'^^!^^?^jt;%x
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2
CONTRACT ADMIN.
9
16
OCCUPATIONAL HEALTH
AND SAFETY (24 HRS)
23
RESOURC2SMOMT.
ORIENTATION
CARSON RM.
30
'= • -v '^4;>\ 1
FRTOAY 1
3
CONTRACT ADMIN. FOR
SUPERVISORS
NO. CONF. CTR /3
940- 4KM
RECERTIFICATION FOR
CONTRACT MORS
NO. CONF. CTR. *»
10
17
24
23
-------
1- ••-,**&
1 MONDAY
4
11
18.
•25
*fc^%
TUESDAY
5
12
CONTRACT ADMIN.
NO. CONF. CTR. 19
*M-4.-tt
LEARNING STRATEGIES
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TRAVEL
BRBAEROOM
9KW-U.-M
FREEDOM OP
INFORMATION ACT
(FOIA)
C ARSON RM,
*M-4M
19
OCCUPATIONAL HEALTH
AND SAFETY (8 HR)
MUIRRM.
9M-4M
26
OCCUPATIONAL HEALTH
AND SAFETY (24 MRS)
MUIRRM.
WEDNESDAY
N
6
RECERTIFICATION FOR
CONTRACT MORS.
NO. CONF. CTR. 19
9M-4M
13
CONTRACT ADMIN.
LEARNING STRATEGIES
'
20
CONFIDENTIAL BUSINESS
INFORMATION (CBD
MUIRRM.
*00 -4:00
27
OCCUPATIONAL HEALTH
ANDSA(-mra4 HRS>
THURSDAY
7
14
CONTRACT ADMIN.
'
LEARNING STRATEGIES
TOTAL QUALITY MOMT
ORIENTATION
C ARSON RM.
9KW-U.-M
21
28
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15
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NO. CONF. CTR. 13
\
22
29
24
-------
•••••MBMI^B
MONDAY
i
8
15
22
29
TUESDAY
2
CONTRACT ADMIN.
NO. CONF. CTR. O
9
ENVIRONMENTAL
MANAGEMENT
ORIENTATION
C ARSON RM.
»-M • 12.-W
16
INDIVIDUAL WORK *
COMMUNICATION
SKILLS
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. 23
30
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CARSON RM.
17
24
\
31
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THURSDAY
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11
18
25
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ORIENTATION
CARSON RM.
' "" ' ' *" '' •
^^^^^9^^^^^^9I^^^^BEB
FRIDAY
CONTRACT ADMIN. FOR 1
SUPERVISORS
NO. CONF. CTR. «
9M-4.-W
RECERTIFICATION FOR
CONTRACT MORS
NO. CONF. CTR. 19
12
"19
26
25
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IEPTEMBER
TUESDAY WEDNESDAY
THURSDAY
FRIDAi
RECEXTIFICATIONFOR
CONTRACT MORS.
NO. CONF. CTR. 19
TRAIN THE TRAINER
MURRM.
9M-4M
TRAIN THE TRAINER
TRAIN THE TRAINER
12
13
14
15
16
CONTRACT ADMIN.
NO. CONF. CTR. a
CONTRACT AOMIN.
CONTRACT AOMDI.
CULTURAL DIVERSmr
ORIENTATION
C ARSON RM.
HOW TO BE INTERVIEWED
MURRM.
9HM-4.-M
CONTRACT AOMIN. FOR
SUPERVISORS
NO. CONF. CTR. a
*M-4:00
19
20
21
22
23
ADVANCED BRIEFING
MUIRRMv
ADVANCED BRIEFWO,
ADVANCED BRIEFING
26
27
28
29
30
ADVANCED
TIME/PROJECT
MANAGEMENT
MUIRRM.
MBTI
MUIRRM.
9:00 - 4:00
26
-------
United Statit
Enulronmantal Protection
Hq«ncy
&L-
Washington, DC 20460
HUHHN RESOURCES MHNB6EMENT
EPA INSTITUTE
COURSE REGISTRATION
Please register me for the EPA Institute course listed below:
Employee's Name
EPA
INSTITUTE
Employee's Home Address
Social Security No.
Office Telephone #
(Number. Street. City. State. Zip Code)
Home Telephone #
Position Title/Series/Grade
Supervisor's Signature
Mail Code
(Name. Title. Telephone #)
Name of Course
Course No:
Date(s) of Course
***** FOR COST COURSES. COMPLETE
*****
ACCOUNT #
TUITION COST $.
APPROPRIATION #
BOOK COST $
DCN#
TOTAL$.
FUNDS CERTIFYING OFFICER'S SIGNATURE
Collection of your social security number which is required for billing
identification purposes only is authorized by Executive Order 9397.
Providing your social security number is voluntary, but if you fail to do
so, you may not be able to enroll in the course.
PLEASE RETURN THIS FORM TO THE EPA INSTITUTE, PM-224, OR
RETURN IT TO YOUR PROGRAM MANAGER IN ROOM 3241 WSM.
THIS FORM CAN BE COPIED!
-------
-------
Use one-part form lot work-sheet. Privacy Act Information on reverse of copy 8
Please read instructions' on the reverse side of the last copy before completing this form
Instructions for handling and completing copies 3. 4. 5 and 6 appear on reverse of copy 3
Please type form and do not remove carbons and copies 1-9 from set.
Typewriter tab stops indicated by V below.
U S. GPO. 1941-2«0-29Y
A. Agency code agency subelement 101
and submitting office number L—
iCiimple—it-tt-****!
REQUEST, AUTHORIZATION, AGREEMENT
AND CERTIFICATION OF TRAINING
I OFFICE UK MIT
C. Request status (Mart 1*1 ontl
02
Section A-TRAINEE INFORMATION
I. Applicant's name iLtil-Ftnt-UxHIb Initial)
I Enter tost
I & letters o>
', last name
(03
t Social Security Number
12!
1 Date of birth Wear tog month)
[05
4, Home address f«wno>r irrwr t• Section C-ESTIMATED COSTS AND BILLING INFORMATION
Section D-APPROVALS
II. Direct costs and appropriation/fund chargeable
Its Immediate supervisor—M>m« and Mlt Area code/Tel No/EXension
Item
1 Tuitm"
I. Books or. materials
c. Otne.
i. (Enter 4 digits in 11 j
dollar column) <-==
r»T
Amount
Dollars
Cants
Appropriation /fund
Indirect costs and appropriation / fund chargeable
a. Signature I Date
ill Second-line supervisor—Wame ana title Area code/Tel No/Extension
I. Signature ] Date
2Ss T.aimng officer—tome and title Area code/Tel No/Extension
I. Signature I Date
^ Section E-APPROVAL/CONCURRENCE
21s. Authorizing official—flame end title Area code/Tel No /Extension
I Signature [Approved Date
(Disapproved
» Section F-CERTIFICATION OF TRAINING COMPLETION
30s. Certifying official—Mame and title (Area code/Tel No /Extension
I. Signature I Date
Hem
a. Travel
I. Per diem
e. Other (Specify)
^ (Enter 4 digits in
dollar column)
TOTALS
1 13
'—
Amount
Dollars
Cents
Appropriations hind
a. Document / Purchase Order / Requisition No
74. 8-Oigit station symbol
8 HOIK WITIUCTKHIt iFurnisK invoice 101
TRAINING FACILITY .>• Bills should be twit to offic* indie*t»rf in rt*m 25 • Plan* r»fer to number giver in item 23 to assure prompt p*yjn*nj
-------
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OPPT ETHICS PROGRAM
I All employees in OPPT. are covered by the Standards of
Ethical Conduct for Employees of the Executive Branch.
II The OPPT Designated Ethics Official (DAO) is Mark Greenwood.
Ethics advice is also available from Joyce Dain in the
Directors Office and Jim Combs in OPME.
The Agency Ethics Official is Gerald H. Yamada, in the
Office of General Counsel (OGC). His Alternate is Donne11
Nantkes also in OGC.
\
III SF 450 Executive Branch Personnel Confidential Financial
Disclosure Report
All OPPT employees at the GS/GM 13 level and Commissioned
Officers above rank 04 must file an SF 450 within 30 days of
reporting to OPPT. Forms are available from your
Administrative Officer or from Jim Combs in OPME. In
addition, employees below the GS/GM 13 level or CO-04 rank
is designated must file an SF 450 if their responsibilities
so dictate. You should check with you supervisor to
determine is you should file.
IV Ethics Training
You are allowed up to 1 hour of official time to review your
ethics guidance. In addition, all new employees will
receive 1 hour of ethics training from an OPPT ethics
official.
V Outside Employment
EPA requires that you obtain written permission from your
DAO before you engage in outside employment. Check with Jim
Combs or Joyce Dain for guidance to obtain approval from the
DAO.
-------
-------
INFORMATION
WILL BE PROVIDED
AT TIME OF
PRESENTATION
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TSCA CONFIDENTIAL BUSINESS INFORMATION OVERVIEW
_..JSS INFORMATION (CBI1
What is it?
TSCA CBI is information claimed business confidential
under EPA's confidentiality regulations at 40 CFR Part
2, TSCA CBI materials are documents or any other
information-bearing media that contain TSCA CBI. Most
TSCA CBI materials and/or documents consist only
partially of confidential business information.
TSCA CBI SECURITY MANUAL
o Why is handling TSCA CBI according to the TSCA CBI
Security Manual important?
The manual sets forth procedures for EPA, other Federal
employees, contractors, and contractor employees to
following handling information claimed CBI. EPA is
required to protect from public disclosure CBI obtained
under TSCA, and it imposes criminal penalties for the
knowing and willful unauthorized release or disclosure
of such information.
ACCESS TO TSCA CBI
Section 14(a)(l) of TSCA permits EPA to authorize Federal
employees, contractors and contractor employees for access to
TSCA CBI when such access is necessary to perform work in
connection with the agency's duties under a health or
environmental protection statute or for specific law enforcement
purposes.
Most TSCA CBI access occurs at EPA Headquarters, where the
primary storage and use of TSCA CBI is in the EPA Confidential
Business Information Center (CBIC). If required, EPA may
authorize CBI access at other facilities, including EPA Regional
Offices, other Federal agency offices, and contractor facilities.
Procedures for handling CBI are generally uniform at all
facilities. However, some differences in security procedures are
required at facilities outside of EPA Headquarters, and-at
contractor sites as outlined in the TSCA CBI Security Manual.
DOCUMENT CONTROL OFFICERS
Document Control Officers (DCOs) manage their facilities'
document tracking systems and oversee the receipt, storage,
transfer, and use of TSCA CBI by employees in their facilities.
All facilities that are authorized for access to TSCA CBI are
required to have a facility DCO and an alternate DCO, who will
-------
assume the facility DCO's responsibilities during his or her
absence .
Facility DCOs must be approved and trained before TSCA CBI
can be transferred to any facility. The OPPT DCO is responsible
for providing training materials and guidance on appropriate
document handling procedures to all DCOs.
The duties of a DCO are outlined in the TSCA CBI Security
Manual.
HOif TO ACQUIRE AgC; TO TSCA CBI
To obtain clearance for TSCA CBI access, employees of EPA,
other Federal agencies, and contractors must fill out EPA Form
7740-6, "TSCA CBI Access Request, Agreement, and Approval". In
addition, a separate form is sometimes required for obtaining
computer access to TSCA CBI.
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INFORMATION ACCESS CHAPTER
New Staff Orientation Manual
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
January 22, 1993
-------
INFORMATION ACCESS CHAPTER
TABLE OF CONTENTS
INTRODUCTION 1
INFORMATION MANAGEMENT PHILOSOPHY 1
SUMMARY : 1
LIBRARIES '. 2
OPPT LIBRARY 2
Overview ., 2
Individual Assistance
Services 2
Reference Interview 2
Chemical Searches 2
Resources .• 2
Circulation , 2
Interlibrary Loan (ILL) ' 2
Reference 3
Online Services 3
CO-ROM Systems 3
Management Collection 3
OPPT Reports 3
Current Awareness 3
Computer and Other Equipment 4
EPA HEADQUARTERS LIBRARY ' 4
PUBLIC INFORMATION CENTER (PIC) 4
LAW LIBRARY 4
LEGISLATIVE REFERENCE LIBRARY 5
OTHER EPA LIBRARIES 5
DOCKETS 6
TSCA PUBLIC DOCKET AND READING ROOM 6
Overview 6
Information Available 6
TSCA §4: Testing of Chemical Substances and Mixtures 6
TSCA §5: Manufacturing and Processing Notices 6
TSCA §6: Regulation of Hazardous Chemical Substances and Mixtures .. 6
TSCA §8: Reporting and Retention of Information 6
TSCA §8(d): Reporting and Retention of Information/ Health and Safety
Studies 6
TSCA §8(e): Reporting and Retention of Information/ Notice of
Subtfantiai Risks 7
Other TSCA and EPCRA Information 7
Risk Management Administrative Record 7
FYI Submissions 7
THE CONFIDENTIAL BUSINESS INFORMATION CENTER (CBIC) 7
Overview 7
OTHER OFFICE DOCKETS 8
DATABASES 9
OPPT DATABASES ; 9
CBI Systems Access 9
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CECATS g
Screening Information Systems (SIS/L) 9
Searching Mechanisms 9
Text Searching 9
. Batch Retrieval 9
Structure/Sub-Structure Searching 10
" 33/50 Program Commitment Tracking System (CTS) 10
Division/Branch/PersonalDatabases 10
National Occupational Survey (NOES) Database 10
CBI Databases .. 10
Chemical Directory (CHEMD) 10
Chemicals on the TSCA Inventory 11
8(A) Level A (PAIR) Information System 12
Comprehensive Assessment Information Rule (CAIR) System 12
Confidential Business Information Tracking System (CBITS) 12
Document and Personnel Security System (DAPSS) ". 12
PENTA 13
Image Processing System (IPS) 13
PMN Pre-Notice Data Base 13
RMx 13
OTHER OPPT DATABASES 13
LEGISLATE 13
• Management Information Tracking System (MITS) 14
ROADMAPS 14
Toxic Release Inventory (TRI) 14
Toxic Substances Control Act Test Submissions (TSCATS) 15
TRI Hazardous Substance Fact Sheet 15
AGENCY AND EXTERNAL DATABASES 16
Emergency Response Notification System (ERNS) 16
GENE-TOX .* 16
Nation Air Toxics Information Clearing House (NATICH) 16
Information Systems Inventory (ISI) 16
OAQPS Emission Factor Clearinghouse (EMC) 16
Register of Lists (ROL) 16
Title III List of Lists 16
OSHA Computerized Information System (OCIS) 17
International Register of Potentially Toxic Chemicals (IRPTC) 17
PUBLICATIONS AND NEWSLETTERS 18
ACCESS EPA 18
BI-WEEKLY REPORT 18
CHEMICALS-IN-PROGRESS BULLETIN 18
CONGRESS AND TOXICS 18
EMERGENCY PLANNING AftD COMMUNITY RIGHT-TO-KNOW REPORTS STAFF
UPDATE 18
FOSTTA GRAM 19
THE GRAPEVINE 19
. INFORMATION MANAGEMENT NETWORK 19
POLLUTION PREVENTION DIVISION MONTHLY ACTIVITY REPORT 19
POLLUTION PREVENTION NEWS 20
HOTLINES AND CLEARINGHOUSES 21
IN EPA 21
Air Risk Information Support Center 21
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Asbestos School Hazard Abatement Act (ASHAA) Hotline 21
CERCUS Helpline 21
Chemical Assessment Desk (CAD) 21
EPCRA Information Hotline 22
Freedom of Information Act Office 22
National Radon Hotline 22
Office of Inspector General Hotline .! 22
Pollution Prevention Information Clearinghouse (PPIC) 23
RCRA/Superfund Hotline 23
Risk Communication Hotline 23
Safe Drinking Water Hotline 24
TRI-USER Support (TRI-US) 24
TSCA Hotline 24
Wetlands Protection Hotline 25
OUTSIDE OF EPA AND RELEVANT TO OPPT FUNCTIONS , 25
Asbestos/Small Business Ombudsman's Office 25
Agency for Toxic Substances and Disease Registry (ASTDR) 25
CPSC Hotline 25
Department of Transportation (DOT) Contact 25
Food and Drug Administration (FDA) General Inquiries -... 25
Housing and Urban Development Inquiries 25
REGULATORY STATUS INFORMATION 26
CORR 26
REGISTER OF LISTS (ROP 26
ROADMAPS 26
TITLE III LIST OF LISTS 26
TSCA INFORMATION SERVICES 26
CHEM Files , 26
Federal Register Notebooks 26
Summary of TSCA Regulations ' 26
AGENCY REPORTS 27
NATIONAL TECHNICAL INFORMATION SERVICE (NTIS) 27
U.S. GOVERNMENT PRINTING OFFICE (GPO) 27
Federal Notice Bulletin Board , 27
Superintendent of Documents Sales Program 28
Depository Library Program 28
CENTER FOR ENVIRONMENTAL RESEARCH INFORMATION (CERI) 28
EPA HEADQUARTERS LIBRARY 28
THE OPPT LIBRARY 29
EPA PUBLICATIONS BIBLIOGRAPHY 29
EPCRA BIBLIOGRAPHY 29
INFORMATION HELD ATTHE DIVISIONAL LEVEL 30
MAJOR REFERENCE COLLECTIONS 30
Chemical Regulation Reporter 30
CHIPs Files/List 30
•Current Awareness* of Structure-Activity Relations for Chemical
Carcinogens 30
EETD Reference Collection 30
8(e) Summary Notebooks 30
HERD Branch Reference Collections 30
HERD CBI Library 30
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HERD Divisional Reference Collections 31
Industrial Hygiene Publications 31
International Agency for Research on Cancer (IARC) Monographs 31
Kirk-Othmer Encyclopedia of Chemical Technology 31
NIOSH-Publications 31
DIVISIONAL FILES , 32
Biotechnology Issues 32
CEB. Files 32
Evaluation of Industrial Facilities' Progress in Source Reduction for Toxic
Chemicals 32
Exposure Assessment Support Files 32
Interagency Testing Committee 33
Physical/Chemical Properties & Fate Testing Guidelines 33
Pollution Prevention Information Tracking System : 33
Premanufacture Notice (PMN) Information 33
Production/Exposure Profiles (PEPs) 33
RM1 and RM2 Case Development; TSCA Section 6 Existing Chemical Control
Regulation Development 33
Significant New Use Rule (SNUR) Files 33
33/50 Program Administrative Record 34
HIDDEN INFORMATION SOURCES 35
PERSONAL FILES AND KNOWLEDGE HELD BY INDIVIDUALS 35
OPPT COMPUTER SUPPORT SERVICES 36
PC SERVICES 36
W1C TRAINING 36
Registration Procedure 36
Special Sessions 37
Personalized Training 37
ALL-IN-1 ELECTRONIC MESSAGING SYSTEM 37
CONTACT 38
INDEX '. 39
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INFORMATION ACCESS CHAPTER
INTRODUCTION
INFORMATION MANAGEMENT PHILOSOPHY
Information management is more than just a support function in OPPT. It is a critical element
of OPPTs mission. Perhaps more than any other EPA program, OPPTs success depends on its
ability to manage large information collections. All of the statutes implemented by OPPT contain
explicit mandates to collect analyze, and disseminate information. Effective information management
depends on shared commitment and responsibility by ail OPPT staff.
SUMMARY
As an information seeker you may have a general sense of what you need but you may not
know specifics or location. This chapter is organized by topic heading for the purpose of assisting
users. If you know the exact name of what you are looking for, use the table of contents or the
alphabetized index at the end of the chapter.
/
If you do not know the exact name of the resource, the topic headings in the table of contents
should point you in the right direction. To find what you need quickly, locate the general topic and
skim down the left column. You will find resources which are located primarily in OPPT. Some are
located in other offices of EPA and some are located outside of EPA but relevant to OPPT functions.
Descriptions of these information resources can be found in the right column. Whenever possible, we
have included contact names and phone numbers. You can call these people for further help.
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LIBRARIES
OPPT LIBRARY
Overview
Individual Assistance
Services
Reference Interview
Chemical Searches
Resources
Circulation
Interllbrary Loan (ILL)
The Library for the Office of Pollution Prevention and Toxics
(OPPT) contains chemical specific information. It is operated
under contract to LABAT ANDERSON, Incorporated. Six
librarians and three technical assistants provide reference
assistance, document delivery, cataloging of research
materials, current awareness services, and specialized online
database searches. The OPPT Library provides limited
reference services to non-EPA patrons.
Location: Room B002. Northeast Mall
Hours: 8:00 am • 4:30 pm
Contacts: Gerhard Brown, Chief, Nonconfidential
Information Service Section, U.S. EPA
(202) 260-7248
Timothy Schoepke, Head Librarian;
Randall Brinkhuis, Assistant Head Librarian;
Isa Benson, Interlibrary Loan Librarian,
LABAT ANDERSON (202) 260-3944
Most search requests received by the library are followed up
by a telephone call or a personal interview with the requestor
to clarify definition of the request so that meaningful search
results are provided.
The library has the capacity to search the entire Chemical
Abstracts file for structures, bibliographic citations and
chemical abstracts. The file contains over 12 million chemical
structures and literature associated with these chemicals.
Generally, OPPT library services are for EPA staff and an EPA
staff identification and a mail code number are required to
borrow items. Contractors can also borrow library materials but
they need clearance from the program office they are working
with to do so. Materials are loaned for a period of four weeks
and can be renewed. Reference materials can be checked out
for one night
One of the most important missions of the OPPT library is to
provide any book, document, or journal article requested by
Libraries
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Reference
Online Services
Online Systems
CO-ROM Systems
Management
Collection
OPPT Reports
Current Awareness
EPA staff. In many cases EPA's demand for up-to-the-minute
research requires library staff to borrow materials from other
EPA libraries, one of the national libraries (Medicine,
Agriculture, or Library of Congress), or other research libraries.
Librarians answer inquiries from EPA staff and apprise private
citizens and businesses of the availability of agency
information and services.
Over 500 commercial and government databases provide
library staff with the ability to obtain comprehensive retrieval of
information in the fields of toxicology, biochemistry,
epidemiology, occupational medicine, economics and
biostatistics.
The OPPT library provides patrons with the ability to search
instantly the catalogs of all other EPA libraries as well as the
collections of nearly every research library in the United States
and North America The library accesses archival EPA
research documents, current Toxic Release Inventory (TRI)
data, and specialized electronic bulletin boards to answer EPA
staff inquiries.
Thousands of pages of reports, research results, and chemical
and toxicotogical data are provided in the library's collection of.
CD-ROM databases. The library has obtained commercial and
government-issued CD-ROMs to assist EPA staff in scientific
data searches.
OPPT staff who want information about EPA training, jot*
related courses, or techniques for improving their daily work
can use the library's Total Quality Management (TQM) staff
resource center.
The library obtains and catalogs every document issued by the
Office of Pollution Prevention and Toxics. The library provides
access to over 3,000 EPA documents and over 140,000
research reports.
Each month OPPT staff can receive an update on research in
toxicology, cancer studies, chemistry, and biosciences by
requesting the library's current awareness service, TOXINFQ.
In addition to TOXINFO, staff are invited to meet with librarians
to discuss their information needs. A personalized research
update can then be provided for as long as the patron
requests. Topics which are currently being monitored include
biotechnology and risk, alternatives to animal testing, and cost-
benefit analysis and the environment
Libraries
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Computer and
Other Equipment
EPA HEADQUARTERS
LIBRARY
°UBLIC INFORMATION
ENTER (PIC)
LAW LIBRARY
The OPPT Library has access to seven computers and six
printers of which three have CO-ROM hardware. Three
computers are usually available to library patrons. The library
also maintains an automated microfiche carrousel, a book
security system, fax machine, microfiche duplicator/developer,
Canon photocopier, and an IBM Selectric II.
The library's extensive microfiche and microfilm collections are
accessed on two microfiche reader/printers and one microfilm
reader/printer.
The EPA Headquarters Library provides information services
covering a wide range of environmental and related subjects of
interest to EPA staff and the general public. There are major
collections relevant to each program area Also, the Catalyst,
the monthly EPA library newsletter provides information on
new collections.
Location:
Room 2904 (Mall)
Hours: 8:00 am • 5:30 pm, Monday - Friday
Telephone: (202) 260-5921
The PIC is the focal point for public access to EPA information.
It dispenses selected agency booklets and refers walk-in
customers and telephone callers to other sources.
Workstations provide access to a few major EPA databases.
Location: Off the plaza behind Waterside Mall
Hours: 9:00 am - 5:30 pm, Monday - Friday
Telephone: (202) 260-7751
The Office of General Counsel (OQC) maintains the EPA Law
Library to provide legal information services primarily to its
staff, although services are also extended to the Agency's
enforcement personnel, the Administrative Law Judges, the
Environmental Appeals Board, program attorney-advisers, and
Regional office employees.
The collection contains approximately 11,000 volumes of legal
and law-related material concentrating on federal law, with
special emphasis on administrative and environmental law.
Included are statutes, codes, regulations, case reporters,
digests, citators, and legal reference sources, as well as
looseleaf services, newspapers, and 75 current law reviews
and periodicals. In particular, the Law Library owns Statutes at
Libraries
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LEGISLATIVE REFERENCE
LIBRARY
OTHER EPA LIBRARIES
Large from 1931 to the present and U.S. Code Congressional
and Administrative News from 1946 to the present
Location:
Room 2902
Hours: 8:00 am • 5:30 pm, Monday - Friday
Telephone: (202) 260-5919
The Legislative Reference Library is maintained by the
Associate Administrator for Congressional and Legislative
Affairs, to provide federal environmental legislative information
for the Agency.
The collection contains more than 8,000 documents produced
by Congress, including copies of bills, reports, public laws,
committee prints, committee hearings, legislative histories, the
Congressional Record (5-6 years), Senate and House
calendars and phone books, the Congressional Directory, and
other congressional reports when possible. The collection also
contains many reference guides and a number of periodicals.
The library tracks the status of current environmental, budget,
and federal personnel legislation. It compiles lists and reports
on the status of bills pending, before the current and past
Congresses, and also prepares legislative histories and
secures legislative histories from other sources. Abstracts of
the Congressional Record are compiled each day Congress is
in session and any individual may request to be placed on the
mailing list for these abstracts.
Location: Room 2439
Hours: 9:00 am - 5:00 pm, Monday - Friday
Telephone: (202) 260-5425
There are 28 EPA libraries located in Washington, D.C., the ten
regions, and within specialized research laboratories
throughout the United States. The libraries and other
information services contain a combined collection of more
than 136,000 books, 5,100 journal subscriptions, 364,000 hard
copy reports. 3,200,000 documents on microfilm and
microfiche, 9,000 journal article reprints, and 25,000 maps.
Libraries
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DOCKETS
TSCA PUBLIC DOCKET AND
READING ROOM
Overview
Information Available
TSCA 14: Testing of
Chemical Subctance*
and Mixtures
TSCA 15:
Manufacturing and
Processing Notices
TSCA S6: Regulation
of Hazardous
Chemical Substances
and Mixtures
TSCA 18: Reporting
and Retention of
Information
The TSCA Public Docket and Reading Room provides public
access to non-confidential information submitted to OPPT,
records of the Toxic Substances Control Act (TSCA) and the
Emergency Planning and Community Right-to-Know Act
(EPCRA) rulemaking activities, TRI rulemaking documents, and
chemical assessment documents created by OPPT.
Information older than 6 months to 1 year can be viewed on
microfiche and hard copies can be made of it. More recent
information is available in hard copy.
Location: Room Q-004; new location in Spring, 1993:
East Tower Basement Room 102
Hours: 8:00 am -12:00 pm, 1:00 pm - 4:00 pm,
Monday - Friday
Telephone: (202) 260-7099
Test data submitted under TSCA §4 rules, consent orders, and
negotiated agreements and records of test rules.
Premanufacture notices and significant new use notices
submitted to OPPT by outside parties and records of rules
defining significant new uses of chemicals and orders limiting
manufacture, or processing of chemicals pending development
of additional information.
Records of rules limiting or prohibiting the manufacture,
processing, distribution, use, or disposal of substances that
present unreasonable risk.
Records of rules requiring submission of information such as
health and safety studies; production, use, exposure data; and
allegations of significant adverse reactions.
TSCA f8(d): Reporting
and Retention of
Information/ Health
and Safety Studies
Health and safety studies submitted under TSCA to OPPT by
outside parties.
Dockets
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TSCA J8(e): Reporting
•nd Retention of
Information/ Notice of
Substantial Rlaka
•
Other TSCA and
EPCRA Information
Substantial risk notices submitted under TSCA §8(e) to OPPT
by outside parties.
Materials on rules and rulemaking proceedings, including
technical support documents, comments/responses on the
following:
TSCA §9: Relationship to Other Federal Laws
TSCA §12: Exports;
TSCA §13: Entry into Customs Territory of the U.S.
TSCA §21: Citizens' Petitions;
EPCRA: Emergency Planning and Community Right-to-
KnowAct
§313: Release Reporting Requirements
Rlak Management
Administrative Record
FY1 Submissions
THE CONFIDENTIAL
BUSINESS INFORMATION
CENTER (CBIC)
Overview
Contains information on OPPT preregulatory and nonregulatory
risk management decisions that do not appear in dockets,
RM1 and RM2 assessment documents and meeting
summaries, 'letters of concern* to industry and responses,
public comments and other correspondence on RM1/RM2
Voluntary submissions, primarily from industry, covering a wide
range of data on chemical toxicity and exposure.
In the Confidential Business Information Center (CBIC),
reviewers with TSCA CBI clearance may review copies of any
document submitted to EPA under TSCA. Documents may be
reviewed in the center, or copies may be logged out for long-
term use. Older documents (more than six months to a year)
are available for review in the center on microfiche. Wherever
possible, especially where large numbers of documents are
needed, the staff recommends that advance requests be
submitted.
Location: Room 099, East Tower Tunnel
Hours: 8:00 am -11:00 am, 2:00 om - 4:00 pm
Contact: Juanita Geer (202) 260-1532
Dockets
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THER OFFICE DOCKETS
Air Docket
401 M Street, SW, Room M-1500
Waterside Mall, (ground floor)
(202) 260-7548
Drinking Water Docket
401 M Street, SW Room EB-15
(202) 260-3027
(The Office of Drinking Water Docket will become the Office of
Water Docket by early 1993. This new docket will expand to
include water information not related to drinking water. Water
offices and the former Public Information Reference Unit (PIRU)
will contribute this additional content Contact: Gloria Posey
(202) 260-3983.)
Federal Insecticide, Fungicide, and Rodenticide Act (FtFRA)
Docket (Pesticides Docket)
Crystal Mall, Building #2
Jefferson Davis Highway
Arlington, VA 22202
(703) 305-5805
Resource Conservation and Recovery Act (RCRA) Docket
401 M Street, SW, Room M-2427
(202) 260-9327
Superfund Docket
401 M Street, SW, Room M-2427
(202) 260-3046
Superfund National Priorities List (NPL) Regional Dockets
(See Access EPA for how to contact)
Underground Storage Tank (UST) Docket
401 M Street, SW Room M-2427
(202) 475-9720
Dockets
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OPPT DATABASES
•
CBI Systems Access
CECATS
Screening Information
Systems (SIS/L)
Searching Mechanisms
Text Searching
Batch Retrieval
DATABASES
In order to access TSCA CBI Systems, one must obtain a
separate computer clearance in addition to the general TSCA
CBI clearance. To gain this clearance, complete and submit
paperwork through your DCO. The IMO ADP coordinator will
assign a user i.d. for the accounts you will use and train you to
log onto the system. CBI Systems searches may be requested
in writing through the CBIC.
Contact:
Eyvone Petty (202) 260-1444
CECATS is a mainframe tracking system in AOABAS/NATURAL
that contains detailed information on 8(e) substantial risk
notices and FY1 submissions.
Contact:
ECAO/CSB (202) 260-3436
SIS/L is a PC LAN pointer database that provides a brief
overview, in table form, of data availability of chemicals that
have been screened in the OPPT Existing Chemicals Program.
It also contains information on approximately 6000 chemicals.
Contact:
John Leitzke (202) 260-3507
Text Searching uses a string or fragment of information to
identify a record. For example, users can use text searching
to find a chemical name when they have only part of the
chemical's name or users can use it to find a company name
when they have only part of it Two primary mainframe data
base management systems in use in OPPT support text
searching. These are AOABAS/Natural and MACCS.
Contact:
Doris Btocn (202) 260-5457
Batch retrieval is used to provide a menu-driven means to
obtain data base information from the data base on the
mainframe. Using.acronyms which represent data base data
elements, users can query for specific data values. Users then
select data elements to be displayed in report formats. Batch
retrieval is currently used to query CICIS and CUS (TSCA
inventory systems). At a future date, batch retrieval will be
expanded to cover other data bases.
Contact:
Joanne Martin (202) 260-0431
Databases.
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Structure/Sub-
Structur* Searching
33/50 Program
Commitment Tracking
System (CIS)
Division/Branch/Personal
Databases
National Occupational
Survey (NOES) Database
CBI Databases
Chemical Directory
(CHEMD)
Structure/sub-structure searching is based on chemical
diagrams. It enables you to query a data base for structural
analogs (i.e., structures that share common groups). This can
be performed on PCs using CHEMBASE software and it can
be done on the OPPT mainframe using the Chemical Directory.
Contact:
Doris Bloch, (202) 260-5457
The 33/50 Program Commitment Tracking System (CTS) is an
extensive computer system that supports program
management. CTS contains data from letters and other
sources on commitment status, reduction pledges, pollution
prevention activities, contacts, and '88 • '90 TRI releases and
transfers. In addition, CTS supports the development of
progress reports, outreach targeting and tracking, geographic
analyses, etc.
Contact:
Mike Bums (202) 260-5496
The OPPT Database Inventory encompasses both automated
and manual systems in each Division and covers all program
areas (e.g. TSCA, EPCRA, Asbestos, etc.). The list currently
contains over 200 entries. The listing is in dBase and includes
fields for brief description, purpose, lead Division, keywords,
contacts, hardware/software specifications.
Contact:
Doris Bloch (202) 260-5457
This database consists of approximately 70,000 individual
records covering 20,000 chemicals and 66 different 2-digit SIC
codes. Each record contains a chemical name, CAS number,
SIC code, estimated number of exposed workers and
estimated number of facilities using the chemical.
Contact:
Jay Jon (202) 260-7971
The Chemical Directory (CHEMD) provides a common storage
and retrieval capability for chemical structures and related
information for those chemicals regulated under TSCA. It
contains chemical information from all OPPT automated
systems and offers search mechanisms for detailed chemical
structures and substructures through the use of sophisticated
graphic capabilities.
The Chemical Directory is accessed through the Chemical
Search and Assistance Center (CSAC) in room E107. This is a
walk-in center, contractor staffed, where searchers can use PC
software and hardware or request a CHEMD search.
Databases
10
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CHEMD contains records for all substances covered by TSCA
(about 80,000 records) and structures for approximately 54,000
of those records. Data include chemical information (CAS
registry numbers, chemical name, molecular formulae, melting
point boiling point) and locators which point to other EPA data
bases and files with more comprehensive data Data bases
referenced include TRI, RTECS, ITC, SMART, FIFRA, SARA
302(A), IRIS, CERCLA CECATS, and RCRA, among others.
Contact: Doris Bloch (202) 260-5457
Chemicals on the Chemicals are placed on the TSCA inventory (CICIS or CCID)
TSCA Inventory via two means: either the manufacturer/importer submitted an
original inventory form in 1977, or the chemical has been
approved for production or import through the premanufacture
notice (PMN) process since that time. The three TSCA
inventory data bases, CICIS, CCID, and CUS, contain various
forms of inventory data
The Chemicals in Commerce Information System (CICIS) and
the Confidential Chemicals Identification System (CCID) data
bases contain similar information. The principal difference is
that the chemical identities of CCID chemicals have been
claimed confidential by the manufacturer or importer.
The Chemical Update System (CUS) captures updated
production and supplier name and address data for a subset
of substances covered under CICIS/CCID. CUS contains
information reported every four years under the Inventory
Update Rule (IUR). In order to require reporting on IUR, a
chemical must be on the TSCA inventory (CICIS/CCID). There
are several differences between CICIS/CCID:
• CICIS/CCID submitters only have to report once;
reporting under IUR is required every four years as
k)ng as the reporting requirements continue to be met
• Production volumes on CICIS/CCID reflect chemical
production at the time of commencement (or original
inventory form filing). CUS production volumes are a
snapshot of the fiscal year immediately preceding the
reporting deadline.
* • CICIS and CCID production volumes are in ranges (0
through 1,000 pounds through greater than 1 billion
pounds). CUS contains specific production volume
figures.
• CICIS and CCID reporters were required to report
production even if the chemical was not produced in
Database*
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8(A) Level A (PAIR)
Information System
Comprehensive
Assessment
Information Rule
(CAIR) System
Confidential Business
Information Tracking
System (CBITS)
Document and
Personnel Security
System (DAPSS)
1977. Manufacturers and importers are required to
report under the IUR only if 10.000 pounds or more
were produced at any single plant site.
CICiS Contact: Eyvone Petty (202) 260-1444
CCID Contact: Eyvone Petty (202) 260-1444
CUS Contact: Nancy Vogel (202) 260-3480
The 8(a) Level A database contains data collected under the
Preliminary Assessment Information Rule (PAIR). PAIR
requires chemical manufacturers, including certain producers
and importers, to submit general use and exposure data to
EPA on select groups of chemicals. The 8(a) Level A system
contains information on more than 500 chemicals and includes
the quantities of chemicals manufactured, the amounts
directed to certain classes of use, and the potential exposures
and environmental releases associated with manufacturer and
customer processing of the chemicals.
Contact:
Eyvone Petty (202) 260-1444
The CAIR data system was created to store data submitted
under the Comprehensive Assessment Information Rule
(Section 8a). CAIR gathers information on chemical risk
identification, all stages of risk assessment and control action
functions. This rule is used to obtain information needed by
EPA and other federal agencies to support the assessment
and regulation of chemical substances and mixtures. CAIR
includes information on approximately 20 chemicals.
Contact:
Voicetta Bryant (202) 260-7098
CBITS monitors the receipt, login/logout activity and
disposition of all documents received under TSCA. CBITS is a
PC based Local Area Network consisting of 17 workstations.
CBITS went online for new document processing and tracking
in October 1990. Documents received before this time are
tracked in DAPSS. The system is comprised of a document
tracking system and a personnel tracking system. The
document tracking system component tracks a document
through its life cycle. The personnel tracking system maintains
the status of CBI clearance.
Contact:
Les Smith (202) 260-0431
The Document and Personnel Security System (DAPSS) tracks
all support documents submitted to OPPT prior to October
1990. It tracks the receipt, circulation and archival disposition
of confidential and non-confidential documents, as well as
information on CBI-cleared government and contractor
Databases
12
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PENTA
Image Processing
System (IPS)
PMN Pre-Notice Data
Base
RMx
OTHER OPPT DATABASES
LEGISLATE
personnel.
Contact:
Evertyn Qoosby (202) 260-1739
PENTA serves as a repository for technical data collected
throughout new chemicals review under Section 5 of TSCA.
PENTA includes chemical data, the case disposition, the
decisions which have been made throughout the review, and
other technical data from which OPPT staff may make
determinations regarding the risks to health and to the
environment for new chemicals which have been submitted for
review. Data are also used to identify related chemicals with
their end point data, health and environmental concerns, uses
of the substance, decision rationale, and disposition.
Bibliographic data (literature references) and test data
indicators are also included.
Contact:
Edna Pleasants (202)260-6111
The OPPT Image Processing System (IPS) is a LAN system
that supports Section §5 New Chemicals Program activities. It
eliminates the need for multiple copies of all PMN submissions
and internally generated documents and provides an archival
function for completed PMN cases. Access is limited at
present to personnel in the East Tower/
Contact:
Don Huddleston (202) 260-6386
The PMN Pre-Notice Data Base lists regulatory, technical,
legal, and procedural pro-notice decisions for PMN issues.
Includes PMN information, general contacts, and guidance;
PMN exclusions and exemptions; and compliance issues. Use
of this data base requires CBI clearance.
Contact:
Carol Hetfield (202) 260-1745
RMx is a PC-based tracking system that provides technical
and administrative information on RM1/RM2 cases. RMx
provides information on the status and history of each case t
it moves through the review process. Searches and reports
can be based on chemical identifiers, status/disposition
descriptors, or date ranges.
Contact:
John Leitzke (202) 260-3507
LEGISLATE is an online tracking service that provides up-to-
date information about congressional legislation.
Database*
13
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Contact:
Tom Tillman (202) 260-7605
Management Information
Tracking System (MITS)
ROAOMAPS
Toxic Release Inventory
(TRI)
MITS is designed to support the review of new chemicals by
OPPT. MITS records, tracks, archives and reports the events
and decisions for each chemical substance as it goes through
the 'new chemical review process. It helps the CCO Program
Managers manage their caseload by keeping case information
readily available. MITS is designed to allow immediate/Teal
time* updating of decisions, comments, actions.
MITS is used extensively by OPPT in the review process
mandated by TSCA. Cases that can activate new chemical
review are Premanufacture Notices (PMNs), Biotechnology
Organisms (Biotechs), TSCA Environmental Release
Application (TERAs), Significant New Use Notices (SNUNs).
Polymer and Low Volume Exemption Notices (Exemptions),
and Test Marketing Exemption Applications (TMEAs).
MITS resides on EPA's mainframe computer and is accessed
by users via PC computer workstations or via terminals that
have been hardwired to the mainframe computer at RTP.
Contact:
Delores Evans (202) 260-1625
ROADMAPS contains summary information on all major EPA
regulations that apply to the EPCRA Section 313 (TRI)
chemicals [e,g. CERCLA Responsible Quantities (RQs), Safe
Drinking Water Act (SDWA) Maximum Concentration Limits
(MCLs), RCRA Hazardous Wastes]. It also contains OSHA
Permissive Exposure Limits (PELs) and American Congress of
Governmental Industrial Hygienists (ACGIH) Threshold Limit
Values (TLVs).
Contact:
Jim Darr (202) 260-3441
TRI contains data collected under Section 313 of EPCRA. This
legislation requires manufacturing facilities that manufacture,
process or use any of over 300 designated chemicals above
threshold levels to report annually to EPA. These reports
contain the estimated amount of each chemical released (by
media) into the environment or transferred off-site, how TRI
chemicals are used and treated, and since 1991, source
reduction and recycling information on the reported chemicals.
The THIS database is available on the EPA mainframe to EPA
users and states. Public access is provided on the National
Library of Medicine's TOXNET system. TRI is available for sale
on microfiche, floppy disks, CD-ROM, and magnetic tape from
GPO and NTJS; over 3,000 libraries across the country have
also received TRI in one or more formats.
Databases
14
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Contact:
Jan Enckson (202) 260-9389
Toxic Substances
Control Act Test
Submissions (TSCATS)
TRI Hazardous
Substance Fact Sheet
TSCATS is an index of unpublished, nonconfidential studies
covering chemical testing results and adverse effects of
chemicals on health and ecological systems. The studies are
submitted by U.S. industry to EPA under the Toxic Substances
Control Act (TSCA). The types of documents included in the
database are: TSCA section 4 chemical test results, TSCA
section 8(d) health and safety studies, TSCA section 8(e)
substantial risk of injury .to health or the environment notices,
and for your information* submissions that contain information
on exposure, epidemiology, environmental fate, and
monitoring.
TSCATS contains information that is pertinent to the risk
assessment and hazard evaluation processes. The information
can be used in conjunction with published material and is a.
valuable source in the absence of published, data. The data
are used by federal and state agencies, researchers,
lexicologists, risk assessors, trade and professional
associations.
TSCATS can be accessed through Chemical Information
Systems, Inc., and through the TOXNET database of the
National Library of Medicine.
Contact: Qeraldine Nowak (202) 260-2320
TOXNET: 1-800-638-8480
Also known as TRIFACTS, fact sheets are prepared by the
New Jersey Department of Health and EPA to provide the
public with information on the potential health and
environmental effects associated with exposure to chemicals
identified in the Toxic Chemical Release Inventory (TRI).
Contact: Eileen Gibson (202) 260-6449
For individual copies, contact the EPCRA
Hotline, (703) 920-9877 or (800) 535-0202.
For copies on diskette, contact:
KathyCain
26 W. Martin Luther King Jr. Blvd.
Cincinnati, OH 45242
To retrieve by searching the online database,
TOXNET (file: TRIFACTS), contact the National
Library of Medicine, (301) 4964193 or (800)
638-8480.
Database*
15
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\GENCY AND EXTERNAL
DATABASES
Emergency Response
Notification System
(ERNS)
GENE-TOX
Nation Air Toxics
Information Clearing
House (NATICH)
Information Systems
Inventory (ISI)
OAQPS Emission Factor
Clearinghouse (EMC)
Register of Lists (ROL)
Title Ml List of Lists
The Emergency Response Notification System (ERNS)
contains initial release notification data gathered from the
National Response Center, EPA, and the U.S. Coast Guard.
The reports are filed as a consequence of accidental release
of chemicals above the Reportable Quantity (RQ).
Contact: Dave Ouderkirk (202) 260-7731, (202) 366-
7300
GENE-TOX, an online data bank created by EPA and mounted
on the National Library of Medicine's Toxicology Data Network
(TOXNET), contains genetic toxicology (mutagenicrty) data on
over 4,000 chemicals.
Contact:
Angela Auletta (202) 260-1513
This database is a compilation of air permits written by state or
local agencies that allow facilities to emit toxic chemicals to the
atmosphere if the permitted rate of release or concentration is
not exceeded.
Telephone: (202) 488-3671
ISI is an automated, easily searchable catalog of over 500
manual and electronic data systems in the Agency.
Contact:
Jeff SabOl (202) 260-8974
The OAQPS Emission Factor Clearinghouse (EMC) contains
information on air emission factors for various chemicals in a
variety of processes.
Telephone: (919) 541-5742
The Register of Lists (RoL) contains summary information on
all chemicals on EPA statutory lists or subject to EPA final
regulations. RoL provides versatile search and report
capabilities that address individual chemicals, regulatory lists,
and program office identifiers.
Contact: OPPT Library (202) 260-3944 for searches •
Jim Daley/OPPE (202) 260-2743 for system
information
This consolidated chemical list (in paper and computerized
forms) includes chemicals subject to reporting requirements
under the Emergency Planning and Community Right-to-Know
Databases
16
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OSHA Computerized
Information System
(OCIS)
International Register of
Potentially Toxic
Chemicals (IRPTC)
Act (EPCRA). It has been prepared to help firms handling
chemicals determine whether they need to submit reports
under sections 302, 304, or 3131 of EPCRA and, for a specific
chemical, what reports may need to be submitted. Separate
lists are also provided of RCRA waste streams and unlisted
hazardous wastes, and of radionuclides reportable under
CERCIA These lists should be used as a reference tool, not
as a definitive source of compliance information.
Contact:
Kenneth L Mitchell (202) 260-3960
The OSHA Computerized Information System (OCIS) contains
information on OSHA workplace exposure concentrations
based on compliance inspections in ranges of less than the
detection limit to levels equal to or greater than the Permissible
Exposure Limit (PEL). It assists in assessing worker exposures
to the chemical of concern and contains Material Safety Data
Sheets (MSDS) which communicate recommended exposure
controls and protective equipment, chemical properties, and
emergency procedures associated with a particular chemical.
Telephone: (801) 524-5714
The International Register of Potentially Toxic Chemicals
(IRPTC) is a part of the United Nations Environment
Programme (UNEP). It maintains centralized computer files of
chemical information which link a formal network of
government-nominated institutions. IRPTC aims to help the
world community make better use of existing global resources
and it gives developing countries the information base to
manage chemicals effectively.
Location: Washington, D.C.
Hours: 8:30 am - 5:00 pm, Monday - Friday
Telephone: (202) 260-5109/8675
Databases
17
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PUBLICATIONS AND NEWSLETTERS
ACCESS EPA
BI-WEEKLY REPORT
CHEMICALS-IN-PROGRESS
BULLETIN
CONGRESS AND TOXICS
EMERGENCY PUNNING AND
COMMUNITY RIGHT-TO-KNOW
REPORTS STAFF UPDATE
Access EPA is a guide to information services provided by
EPA. Separate sections describe public information tools,
dockets, clearinghouses and hotlines, records management,
major EPA databases, and libraries. (Each section is also
available as an individual document.) The descriptions,
contact names and telephone numbers are useful for
information regarding laboratories and offices located outside
Washington, D.C. You may find a copy of Access EPA in the
Public Information Center (PIC) or within your branch or
division. To order Access EPA:
Contact: National Technical Information Service
(703) 487-4650
The Bi-Weekly Report is an informal report of OPPT branch
activities and items of interest Every two weeks, each branch
prepares its own report which is first sent to its Division
Director, then to the Office Director. Everyone in OPPT
receives a copy. If you are not receiving one, contact your
branch secretary.
The Chemicals-in-Progress Bulletin is a major public outreach
vehicle for OPPT. About 12,000 people receive the Bulletin in
the mail. Another 1,000 to 2,000 copies of each issue are
distributed through the TSCA Assistance Information Service
(TSCA hotline) and at meetings or symposia attended by
OPPT staff. Recipients of the Bulletin include those who work
in industry, state and local governments, foreign governments,
hospitals and health organizations, libraries, lawyers and
consultants, environmental and public interest groups, and
private citizens.
The Environmental Assistance Division (EAD) is responsible for
publishing Congress and Toxics for OPPT. Articles in this
publication contain information about legislative developments
that effect OPPTs Toxics Program. Congress and Toxics is
distributed internally on a periodic basis.
Contact:
Tom Tillman (202) 260-7605
The Emergency Planning and Community Right-to-Know
Reports Staff Update contains articles on Section 313 and the
33/50 Program. It is published by OPPT and OSWER on the
fifteenth of every month. The deadline for submitting articles is
on the second day of the month.
Contact:
Cassandra Vail (202) 2604675
Publication* and Newsletters
18
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FOSTTA GRAM
THE GRAPEVINE
INFORMATION MANAGEMENT
NETWORK
POLLUTION PREVENTION
DIVISION MONTHLY ACTIVITY
REPORT
FOSTTA (Forum on State and Tribal Toxics Action) Gram
articles are written on toxics action of interest to states and
tribes by the National Conference of State Legislatures (NCSL),
OPPT and OCM staff at EPA Headquarters and in the Regions,
and States. Each issua also includes a summary of the
previous FOSTTA meeting.
FOSTTA Gram is published between FOSTTA meetings •
approximately 3 to 4 times per year. Current plans are for
issues in October, January or February, and May. Articles are
due approximately one month before publication. NCSL
publishes FOSTTA Gram under a cooperative agreement with
EPA (OCM and OPPT).
Articles may be submitted to :
George Hagevik
NCSL
1560 Broadway, Suite 700
Denver, CO 80202
Phone: (303) 830-2200
Fax: (303) 863-8003
Contact: To be placed on the mailing list, contact NCSL
at the above address. Individual copies may be
obtained from NCSL or from Sarah Hammond
at (202) 260-7858.
The Grapevine is a monthly newsletter which addresses topics
related to human resource issues, TQM, employee recognition
and accomplishments, special programs (e.g., academic
relations, internships, training) and general announcements.
Articles must be submitted by the first of each month.
Location: OPPT Human Resources
Contact: Vfcki Anderson (202) 260-0805
The Information Management Network aims to improve
communication between Document Control Officers. Produced
by IMD, it may also be of interest to project officers with CBI
access projects, records managers and to those who are
interested in TSCA.
Contact:
Qeorgianne McDonald (202) 26CM182
A Monthly Activity Report is distributed by the Pollution
Prevention Division to all agency prevention contacts and
managers. The goal of the report is to share with all agency
Publications and Newsletters
19
504
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POLLUTION PREVENTION
NEWS
prevention players the breadth of activities and efforts
presently underway. For EPA distribution onty, this is the only
agency document that combines program and regional
prevention activities in a single source.
Contact: Lena Hann, Outreach Coordinator
(202) 260-2237
The Pollution Prevention News, issued monthly by the Pollution
Prevention Division, is primarily targeted to an external
audience but it is also distributed to every agency manager.
PPN highlights prevention activities and trends from EPA,
Regions, the States, industry, the federal government, the
international community, and local communities.
Contact: Lena Hann, Outreach Coordinator
(202)260-2237
Publications and Newsletters
20
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HOTLINES AND CLEARINGHOUSES
IN EPA
Air Risk Information
Support Center
Asbestos School Hazard
Abatement Act (ASHAA)
Hotline
CERCUS Helpline
Chemical Assessment
Desk (CAO)
The Air Risk Information Support Center, commonly called Air
RISC, helps state and local air pollution control agencies
answer questions about the health risks posed by exposure to
toxic air pollutants.
Location: Research Triangle Park, NC
Hours: 8:00 am - 5:00 pm, Monday - Friday
Telephone: (919) 541 -0888 (EPA operated)
The Asbestos School Hazard Abatement Act (ASHAA) Hotline
is a toll-free telephone service that provides information about
ASHAA to interested parties and technical assistance to local
education agencies that are applying for financial assistance
for asbestos removal under the annual ASHAA Loan and Grant
Program. Hotline staff also receive and track ASHAA loan and
grant applications.
Location: Rockville, MD
Hours: 7:30 am - 5:00 pm, Monday - Friday
Contact: (800) 462-6706 or (301) 816-0818
The Comprehensive Environmental Response, Compensation,
and Liability Information System (CERCUS) Helpline provides
information and referrals to the public and users of CERCUS.
Most calls concern the approximately 35,000 hazardous waste
sites whose investigation and cleanup under the Superfund
program are tracked in CERCUS, WasteLAN, and CleanLAN.
Hours: 8:30 am - 5:00 pm, Monday • Friday
Telephone: (202) 260-0056
The Chemical Assessment Desk (CAD) provides expert
consultation for OPPT staff, other Headquarters programs, and
EPA Regional Offices on questions concerning toxicity,
persistence, exposure and risk assessment, production and
use patterns, safe handling, and regulatory status. The CAD
draws primarily on the information and knowledge gained by
OPPTs New and Existing Chemicals Programs. The CAD also
provides referrals through its network of contacts within and
outside of the Agency.
Hotlines and Clearinghouse*
21
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Contact:
Terry O'Bryan (202) 260-3483
EPCRA Information
Hotline
Freedom of Information
Act Office
National Radon Hotline
Office of Inspector
General Hotline
The Emergency Planning and Community Right-to-Know
(EPCRA) Information Hotline provides information and
technical assistance on EPCRA (or SARA Title III). The toll-free
hotline handles inquiries from the public, the regulated
community, and state and local implementing agencies. It is
also the referral point for document requests, the conduit for
disseminating changing information, and the primary means
for answering factual questions on EPCRA regulations-and
policies.
Contact: , Tami McNamara (202) 260-5997
Hours: 8:30 am - 7:30 pm, Monday - Friday
Telephone: (800) 535-0202 or (703) 920-9877
Any major public request for Agency records should go
through the Freedom of Information Act (FOIA) Office. This
office establishes policies for FOIA and it tracks and processes
all information requests. All FOIA requests must be submitted
in writing to:
Jeralene Green, Agency Freedom of Information Act
Officer
Mail Code A-101
U.S. Environmental Protection Agency
401 M Street S.W.
Washington, DC 20460
Telephone:
Fax:
(202)2604048
(202) 260-0295
The National Radon Hotline provides information to citizens on
the hazards of radon. Callers to the 24-hour hotline reach a
recording that asks for their name and address. They are
subsequently sent a brochure that explains radon risks in
layman's terms and urges callers to purchase a radon test kit
from a commercial source and to test their homes.
Hours: 24 hours a day, 365 days a year.
Telephone: (800) SOS-RADON (800-767-7236)
t,
The Office of Inspector General Hotline is responsible for
receiving, screening, and referring complaints concerning
indications of fraud, waste, or mismanagement of EPA
regulations.
Hotline* and Clearinghouse*
22
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Pollution Prevention
Information
Clearinghouse (PPIC)
RCRA/Superfund Hotline
Risk Communication
Hotline
Hours: 10:00 am • 3:00 pm, Monday • Friday
Telephone: (202) 260-4977; toll-free (800) 424-4000
The Pollution Prevention Information Clearinghouse (PPIC) was
established to serve as a center for source reduction
technology transfer; establish active state outreach and
education programs to further the adoption of source
reduction technologies; and collect and compile information
reported by the states receiving pollution prevention grants on
the operation and success of the state source reduction
programs. PPIC provides general information about pollution
prevention and waste minimization practices in addition to
technical summaries of source reduction and recycling
approaches in a range of industries.
Contact: Beth Anderson (202) 260-2602
PPIC Technical Support (703) 821-4300
The RCRA/Superfund Hotline provides regulatory information
on the Resource Conservation and Recovery Act (RCRA), the
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCIA), the Superfund Amendments and
ReauthQrization Act (SARA), and Underground Storage Tanks
(UST). The hotline is a mechanism for EPA's response to
inquiries from the public and regulated community. It is also a
referral point for document requests, a conduit for
disseminating changing information, and the primary means
for answering factual questions on EPA regulations and
policies on RCRA, CERCLA. SARA, and UST.
Hours: 8:30 am - 7:30 pm, Monday - Friday .
Telephone: • (800) 424-9346
The.Risk Communication Hotline responds to questions from
EPA program and regional offices, the academic/scientific
community, and the general public. The hotline provides
information on EPA's Risk Communication Program, responds
to questions on risk communication issues and literature, and
makes referrals to other related agency sources of information.
A small library is maintained with reports, articles, books,
conference summaries, risk communication materials, and
training materials. Available publications are mailed out upon
request
Hours: 8:30 am - 5:00 pm, Monday • Friday
Telephone: (202)260-5606
Hotlines and Clearinghouse*
23
508
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Safe Drinking Water
Hotline
TRI-USER Support
(TRI-US)
TSCA Hotline
The Safe Drinking Water Hotline helps both the regulated
community and the public understand the regulations and
programs developed in response to the Safe Drinking Water
Act Amendments of 1986. The hotline provides clarification of
drinking water regulations, explanation of the EPA's policies
and guidelines, information on the availability of documents,
and federal, state, and local contacts for specific information
on local water conditions, certified labs, bottled water, and
home water treatment units.
Hours:
8:30 am - 5:00 pm, Monday - Friday
Telephone: (800) 426-4791
TRI-US assists callers and walk-in visitors to the Chemical
Library interested in the Toxic Release Inventory (TRI).
Services available upon request include general information,
data base searching, assistance in using TRI data sources,
such as NLM and the TRI CD-ROM, copies of diskettes,
materials from the TRI vertical file, referrals to EPA staff and
others for information on related topics, and production of
special reports, as resources permit.
Location: OPPT Chemical Library, Northeast Mall
Hours: 8:00 am to 4:30 pm, Monday - Friday
Telephone: (202) 260-1531 (contractor operated)
The TSCA Assistance Information Service (TSCA Hotline)
provides information and technical assistance on programs ,
implemented under the Toxic Substances Control Act (TSCA),
the Asbestos School Hazard Abatement Act (ASHAA), and the
Asbestos Hazard Emergency Response Act (AHERA). Topics
typically addressed by the Hotline include PCB handling and
disposal, asbestos in schools and public buildings, registration
of new chemicals, import certification, and reporting
requirements under TSCA. Documents available through the
hotline include Federal Register notices, asbestos guidebooks,
Chemical Hazard Information Profiles, and the Chemicals-in-
Prooress Bulletin. The TSCA Hotline is open to all callers,
including the general public.
Location:
Washington, D.C.
Hours: 8:30 am - 5:00 pm, Monday - Friday
Telephone: (202) 554-1404 (contractor operated)
Hotline* end Clearinghouse*
24
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Wetlands Protection
Hotline
OUTSIDE OF EPA AND
RELEVANT TO OPPT
FUNCTIONS
Asbestos/Small Business
Ombudsman's Office
Agency for Toxic
Substances and Disease
Registry (ASTDR)
EPA's Wetlands Protection Hotline is a toll-free telephone
service that responds to questions and requests for
information about the value and functions of wetlands and
options for their protection. The hotline also acts as the
central point of contact for the Wetlands Division within EPA's
Office of Wetlands, Oceans, and Watersheds (OWOW).
Hours: 9:00 am - 5:30 pm, Monday • Friday
Telephone: (800)832-7828
This office assists businesses with asbestos questions and
distributes Asbestos NESHAP documents. '
Contact:
(800) 368-5888 or (703) 305-5938
The Agency for Toxic Substances and Disease Registry
produces toxicotogical profiles' for chemicals at
RCRA/CERCLA sites. Final reports are available through NTISi
Contact:
(404)639-6000
CPSC Hotline
Department of
Transportation (DOT)
Contact
Food and Drug
Administration (FDA)
General Inquiries
Housing and Urban
Development Inquiries
The CPSC Hotline addresses questions on chemicals in
consumer products, such as asbestos and formaldehyde.
Contact:
(800) 638-2772 or (301) 492-6800
The Standards Division of the Department of Transportation
answers inquiries about hazardous material transport
regulations, including PCBs and asbestos.
Contact:
(202)3664488
The General Consumer Inquiries line handles issues such as
the import of food, drugs and cosmetics, including lead in food
ceramics.
Contact:
(301) 443-3170
This line handles questions concerning leads-in-paint
remediation.
Contact:
(202) 708-1670
Hotlines and Clearinghouses
25
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CORR
REGULATORY STATUS INFORMATION
CORR is a hard copy listing of all chemicals (in CAS* order)
subject to proposed or final TSCA regulations. It contains
Federal Register/Code of Federal Regulations (FR/CFR)
citation for each regulation.
REGISTER OF LISTS (ROL)
ROADMAPS
TITLE III LIST OF LISTS
-SCA INFORMATION
IERVICES
CHEM Files
Federal Register
Notebooks
Summary of TSCA
Regulations
Contact: TSCA Hotline (202) 554-1404 for copies; Jim
Bradshaw (202) 260-1543 for direct technical
questions
See description in OPPT Databases section.
Contact: OPPT Library (202) 260-3944 for searches
Jim Daley/OPPE (202) 260-2743 for system
information
See description in OPPT Databases section.
Contact: Jim Darr (202) 260-3441
See description in OPPT Databases section.
Contact: Kenneth L Mitchell (202) 260-3960
CHEM Files contain regulatory information on all chemicals
subject to TSCA regulations, organized by chemical name.
CHEM Files are for internal use only (Hotline and EPA staff).
Contact:
Wanda Woodbum (202) 260-3795
Federal Register Notebooks contain copies of all Federal
Register notices pertinent to TSCA from April 1,1976 to
present
Contact:
Wanda Woodbum (202) 260-3795
The Summary of TSCA Regulations lists all significant Federal
Register notices published under TSCA, organized by section.
Copies are available upon request
Contact
Wanda Woodbum (202) 260-3795
Regulatory Status Information
26
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AGENCY REPORTS
NATIONAL TECHNICAL
INFORMATION SERVICE
(NTIS>
U.S. GOVERNMENT PRINTING
OFFICE (GPO)
Federal Notice Bulletin
Board
NTIS, an agency of the U.S. Department of Commerce, is the
central source for the public sale of U.S. and foreign
Government-sponsored research, development, engineering
and business reports. NTIS manages the Federal Computer
Products Center, which provides access to software data files
and databases by Federal agencies.
NTIS sells publications as well as information in electronic
formats. Additionally, NTIS offers online access to certain EPA
systems through an account on EPA's mainframe. Standing
orders are available which allow regular readers to subscribe
annually to publications, thus guaranteeing the immediate
receipt of new documents as soon as they become available.
Telephone: (703) 487-4650
The mission of the QPO is the production or procurement of
printed material for Congress and the agencies of the Federal
Government GPO also disseminates information to the public
through the Superintendent of Documents Sales Program and
Depository Library Program. Established as the official printer
of the Nation, GPO is pan of the legislative branch of
government
The GPO now has a Federal Publications electronic bulletin
board, where EPA employees can review text of regulations,
download print files, or order hardcopy on line. If the
document is an EPA-generated one, there is a new Agency
mirror system, available without charge.
Contact: John Richards, EPA (202) 260-2253
GPO (202) 512-1524
This electronic bulletin board provides public access to
government computer files. For a nominal fee, users may
download data to their PC, order diskettes, or order printed
copies of files supplied by Federal agencies. Copies of
regulatory materials, Federal Register notices, policy
documents and other significant reports issued by OPPT are
available online. TRI data by state in dBase and Lotus formats
is also available. Use of the bulletin board by EPA and other
Federal agencies as a means for providing public access to .
government information is expected to expand
Computer Access: (202) 512-1387
Contact: John Richards, EPA (202) 260-2253
GPO (2021 512-1524
Agency Report*
27
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Superintendent of
Documents Sales
Program
Depository Library
Program
CENTER FOR
ENVIRONMENTAL RESEARCH
INFORMATION (CERI)
EPA HEADQUARTERS
LIBRARY
There are approximately 17,000 publications available for sale.
To facilitate access to these publications, GPO produces a
variety of catalogs, lists and other informational materials. The
most important of these are:
U.S. Government Books, a catalog of popular publications;
, New Books, a bimonthly listing of all new titles placed on sale
in the previous two months;
Government Periodicals and Subscription Services (Price
Lists) subject bibliographies.
These catalogs are free and provide complete ordering
information, prices, stock numbers and annotations.
Telephone: (202) 783-3238
The publications sales program embraces only a fraction of
the titles issued by government agencies. To assure
comprehensive access, the GPO administers the Federal
Depository Library Program. Each year, nearly 1,400
Depository Libraries select titles relevant to their local needs
from the thousands of new publications issued by the
government
Telephone: (202) 512-1014
v
CERI is the focal point for the exchange of scientific and
technical information produced by EPA. It supports the
activities of the Office of Research and Development (ORD), its
laboratories, and associated programs nationwide.
CERI's technical information components are responsible for
: the production and distribution of scientific and technical
reports, and for responding to requests for publications. CERI
publishes brochures, capsule and summary reports,
handbooks, newsletters, project reports, and manuals.
The CERI Research Information Unit distributes Superfund
reports, publications and project summaries produced by all
ORD laooratories.
Location: Cincinnati, Ohio
Telephone: (513) 569-7562
The EPA Headquarters Library provides access to the majority
of EPA agency reports written since 1985. These are
catalogued on CD ROM and microfiche. They can also be
accessed by personal computer using the online library
system (OLS) which is updated on a bi-weekly basis. Older
Agency Reports
28
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THE OPPT LIBRARY
EPA PUBLICATIONS
BIBLIOGRAPHY
EPCRA BIBLIOGRAPHY
agency reports (pre-1985) are also available and are
catalogued on microfiche. Contact the library for assistance
with these resources.
Telephone: (202) 260-5921
The OPPT Library provides recent OPPT reports through the
online library system. Resources for older documents include
two directories: Office of Pesticides and Toxic Substances
Scientific and Technical Reports: 1968 -1982 and Office of
Toxic Substances Scientific and Technical Reports: 1983 •
1
Telephone: (202) 260-3944
The EPA Publications Bibliography. Quarterly Abstract Bulletin
lists agency reports and is available in most EPA libraries. This
publication contains bibliographic citations with abstracts for
reports generated by EPA. It lists and indexes EPA technical
reports and journal articles submitted to NTIS.
The Bibliography of Materials on the Emergency Planning and
Community Riaht-to-Know Act (Title III of SARA) [U.S. EPA,
Solid Waste and Emergency Response (580/CE 91-002),
August 1991] is a selected bibliography of materials that are
related to EPCRA of 1986. The bibliography was prepared by
EPA's Chemical Emergency Preparedness and Prevention
Office and the Office of Pollution Prevention and Toxics.
Contact:
Kenneth L Mitchell (202) 260-3960
Agency Report*
29
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INFORMATION HELD AT THE DIVISIONAL LEVEL
MAJOR REFERENCE
COLLECTIONS
Chemical Regulation
Reporter
CHIPS Files/List
"Current Awareness" of
Structure-Activity
Relations for Chemical
Carcinogens
EETD Reference
Collection
8(e) Summary
Notebooks
HERD Branch Reference
Collections
HERD CBI Library
The Chemical Regulation Reporter is a weekly publication
summarizing major environmental legislative and regulatory
actions. Recent issues and several years of back issues are
available.
Contact:
Florence Crews (202) 260-3488
Complete copies of chemical hazard information profiles are
available through the TSCA Hotline. Current listing of available
CHIPs by CAS number and chemical name are also available.
Contact:
Wanda Woodbum (202) 260X3795
This reference collection is a ten volume set covering a wide
range of structural classes known or suspected of
carcinogenic activity and including summaries of published
literature and evaluations by EPA scientists.
Contact:
Florence Crews (202) 260-3488
The EETD Reference Collection includes: 'Applied &
Environmental Microbiology Journal*, 'Environmental
Toxicology & Chemistry Journal*, the Chemical Exposure
Assessment Methods Series and the Consumer Exposure
Assessment Volumes.
Contact:
Pat Kennedy (202) 260-3916
Contains all TSCA Section 8(e) status reports from the
initiation (January 1977) to the present Single copies are
available upon request from the TSCA Hotline.
Contact:
Wanda Woodbum (202) 260-3795
HERD'S Health Effects Branch (HEB) and Environmental
Effects Branch (EEB) have small reference collections which
were purchased by individuals or with divisional funds.
Contact: Yin-Tak Woo, HEB (202) 260-0291
Bill Rabert, EEB (202) 260-1266
The HERD CBI Library contains CBI and non-CBI files. CBI
files include Premanufacture Notices (PMNs), Structure Activity
Team (SAT) reports, HERD Risk Assessments, Standard
Information Held it the Divisional Level
30
. 3 IS"
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HERD Divisional
Reference Collections
Industrial Hygiene
Publications
International Agency for
Research on Cancer
(IARC) Monographs
Kirk-Othmer
Encyclopedia of
Chemical Technology
NIOSH Publications
Review Reports, Minimum Pre-Market Data Sets (MPD)
European Chemicals, and internal memos. Some of the SAT
reports and internal memos contain non-CBI data The Library
is also used as a reading room to review SID dossiers, RM-1,
and RM-2 chemicals.
Contact: Eileen White (202) 260-1282
Vivian Hart (202) 260-0729
Housed in CSRAD/RAB, the HERO Divisional Reference
Collections include International Agency for Research on
Cancer (IARC) Monograph Books, National Toxicology
Program (NTP) Bioassays, the Public Health Service (PHS)
Publication No. 149 collection, scientific journals, Merck Index
and medical dictionaries.
Contact: Eileen White (202) 260-0729
Vivian Hart (202) 260-1282
The American Industrial Hygiene Association Journal and The
Applied Occupational and Environmental Hygiene Journal
contain articles about occupational exposure, engineering
controls, biological monitoring, etc. These journals are
available in the OPPT Library and in EETD/CEB.
Contact:
Cathy Fehrenbacher (202) 260-0696
IARC Monographs provide detailed evaluations of cancer data
on several hundred chemicals and industrial processes by
internationally recognized experts.
Contact:
Florence Crews (202) 260-3488
The Kirk-Othmer Encyclopedia of Chemical Technology
provides information on manufacturing synthesis and uses of
chemicals. Because the current edition of Kirk-Othmer was
published between 1979 and 1984, the information on
manufacturing and uses may be out of date. The last volume
of the encyclopedia contains an index.
Contact:
Dan Fort (202) 260-1694
NIOSH publishes health hazard evaluations for many existing
chemicals. It also completes industry wide studies of those
chemicals. These publications give descriptions of various
processes, compile worker exposure sampling data and
describe engineering controls employed to reduce workplace
concentrations.
Contact:
Cathy Fehrenbacher (202) 260-0696
Information Held at the Divisional Level
31
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DIVISIONAL FILES
Biotechnology Issues
CEB Files
Evaluation of Industrial
Facilities' Progress in
Source Reduction for
Toxic Chemicals
Exposure Assessment
Support Files
These files contain specialized materials on biotechnology,
including regulations and PMN issues. Biotechnology Issues
are handled by CCO/NCB.
Contact:
David Giamporcaro (202) 260-6362
CEB Files are engineering reports of chemicals that have been
prepared over the years. In many cases, chemicals will enter
again into the RM1 process upon receipt of Section 4 test
data, of which an RM1 Engineering Report was prepared to
support the test rule.
Contact: Dan Fort, (202) 260-1694
Contact: James Craig (202) 260-4168
PCBs:
John Smith
(202) 260-3964
Sid Abel
(202)260-3873
Dioxin in Paper:
Pat Jennings
(202) 260-5588
CFCs:
Conrad Ressner
(202) 260-3918
Formaldehyde:
Sid Abel
(202) 260-3873
Indoor Air
Christina Cinalli
(202) 260-3913
Carpet:
Christina Cinalli
(202) 260-3913
Chemical Biodegradation:
Bob Boethling
(202) 260-3912
Information Held at the Divisional Level
32
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Interagency Testing
Committee
Physical/Chemical
Properties & Fate
Testing Guidelines
Pollution Prevention
Information. Tracking
System
Premanufacture Notice
(PMN) Information
Production/Exposure
Profiles (PEPs)
RM1 and RM2 Case
Development; TSCA
Section 6 Existing
Chemical Control
Regulation Development
Significant New Use
Rule (SNUR) Files
This Committee conducts Information Reviews (IRs), or brief
summaries, of hazard and exposure data on over 1200
chemicals.
Contact: John Walker (202) 260-1820
TSCA Hotline to obtain copies (202) 554-1404
The Physical/Chemical Properties & Fate Testing Guidelines
are maintained in EETD/EAB.
Contact:
Asa Leifer (202) 260-3915
The Pollution Prevention Information Tracking System awards
grants to states for pollution-related activities under a variety of
initiatives. Used as a management tool to track the progress
of grants in meeting their stated goals. PPIS grantees will
make available to PPIC various technical and programmatic
information generated over the course of these grants.
Contact:
Lena Hann (202) 260-2237
Premanufacture Notice (PMN) Information includes regulated
chemicaj categories, PMN Exemptions-general information,
low-volume/site limited, test market exposure-based
regulation, PMN review process, PMN Rule, PMN Research
and Development, and TSCA Section 5(e) Consent Order
Issues.
Contact:
New Chemicals Branch (202) 260-3725
Production Exposure Profiles (PEPs) are summaries of data on
production quantities, uses, and exposures prepared by EETD
staff and contractors for ECAO chemical screening work.
Profiles are available on about 250 chemicals. Indices by
CAS* and chemical name are also available. PEPs are housed
in ECAD/AIM.
Contact:
Jim Darr (202) 260-3441
RM1 and RM2 case Development Files are housed in
CCD/ECB.
Contact:
Robert McNally (202) 260-3945
SNUR files include a proposed Data Base and tracking system
for comprehensive SNUR files and SNUR docket files.
Contact:
Stuart McArthur (202) 260-8994
Information Held at the Divisional Level
33
3 IS
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33/50 Program The 33/50 Program Administrative Record contains more than
Administrative Record 2-500 official fi|es of company communications. It is supported
by the Administrative Record System (ARS), a simple PC
system to assist retrieval of documents.
•
Contact: Mike Bums (202) 260-5496
Information Held it th« Divisional Level 34
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PERSONAL FILES AND
KNOWLEDGE HELD BY
INDIVIDUALS
HIDDEN INFORMATION SOURCES
Many staff in OPPT have compiled extensive files related to
their fields of expertise and to specific projects they have
worked on. In some cases, the most complete files on a
project may be held by the project manager rather than in a
central location.
OPPT staff possess a wealth of knowledge and expertise in a
variety of scientific, technical, and administrative disciplines.
Certain OPPT staff have national and even international stature
in their respective fields.
At present there is no central directory or standard procedure
for identifying 'hidden* information and knowledge held by
individuals in OPPT. Experienced staff can often provide
informal assistance in developing avenues of investigation and
in identifying contacts.
Contact: Experienced staff who are readily accessible to
the information seeker (varies by division)
Hidden Information Sources
35
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PC SERVICES
WIC TRAINING
OPPT COMPUTER SUPPORT SERVICES
There are a significant number of computer systems available
to OPPTs staff including those on PCs, LANs, Minicomputers
and Mainframes. Various procedures exist for obtaining
access to these systems. CBI clearance is needed for some.
To determine access requirements for a specific system (or
software/hardware support for the system),
Contact: The appropriate System Administrator, your
Division PC Site Coordinator, or the OPPT PC
Site Coordinator, Don Huddleston, 260-6386.
Personal Computer (PC) classes are offered primarily through
the Washington Information Center (WIC). Classes are
designed for a variety of skill levels and include training in
WordPerfect 5.1, Lotus 2.3, dBase III, Microsoft Windows and
other systems. Attendance requires supervisor approval and
generally each class is a full day session from 9:00 am to 4:00
pm.
Registration Procedure
Contact:
Don Huddleston, (202) 260-6386
Registration procedures are as follows:
1. Get an EPA/NCC Training Course Registration Form
and Quarterly Training Schedule. Registration forms
and schedules can be found at the Reception Desk at
the Washington Information Center (WIC). You can
also call (202) 260-3201 and request that the
registration forms and training schedules be sent to
your office.
%.
2. Select the courses you wish to take. Look over the
course schedule. Select the courses you want to take.
Make sure that you have the required prerequisites.
Make sure that the features covered in the course
meet your needs.
3. Refer to the course syllabus If you need course
Information. A copy of the Training Course Syllabus is
available at the WICs Reception Desk. Please call
(202) 260-3201 for additional .information. .
4. Return the completed Registration Form to the
following Mall Drop:
Washington Information Center
WIC Training
401 M Street SW
OPPT Computer Support Services
36
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Special Sessions
Personalized Training
ALL-IN-1 ELECTRONIC
MESSAGING SYSTEM
Washington O.C. 20024
Attention: Registrar
If there are a number of people in your office who need
training, you may request a special session just for your
Program Office. The training could be conducted in our
classroom or at your site. The WIC will work with your PCSC,
satellite or training coordinator to plan and implement the
training.
Contact: Tonya Barnes (202) 260-3650
Ellen Ball (202) 260-2337
If necessary, you can schedule an appointment with a WIC
analyst for one-on-one training.
Contact:
(202)260-7200
ALL-IN-1 is the electronic mail (Email) system for EPA and
agency affiliates. It is a user-friendly, computer-based,
messaging system that enables agency employees,
contractors, independent researchers, and others to
correspond with each other through their computer terminals.
ALL-IN-1 is an office automation system that runs on Digital
Equipment Corporation VAX computers. You can
communicate with ALL-IN-1 through a personal computer (PC)
or a terminal. ALL-IN-1 uses menus to prompt you step-by-
step through system use.
To register for a new ALL-IN-1 account you must have the
Email application request form completed by someone who
already has an ALL-IN-1 Email account This individual, known
as the requestor, can be anyone in the organization. The
Email application request form is located in the ALL-IN-1
Information Management (IM) system under the 'Request
Forms' (REO) option. The entire process is completed
through ALL-IN-1.
ALL-IN-1 has extensive training resources available to the user,
including instructor-led courses, hardcopy documentation and
on-line resources.
ALL-IN-1 customers can receive help by calling the customer
technical support hotline. Helpful and knowledgeable support
personnel are available to answer questions Monday through
Friday from 8:00 am to 7:00 pm, Eastern time. Questions can
also be submitted through ALL-IN-1 by sending a message to
USER.SUPPORT.
Contact:
1-919-541-7862 or 1-800-334-2405
OPPT Computer Support Services
37
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CONTACT
CBI LAN (New Chemicals)
Contractor LAN and PC
Image Processing System
Mainframe Systems/TRIS
Mainframe Systems/TSCA
Non-CBI LAN System
Administrator
PC Site Coordinator
Support Team
Amie Freistedt. CBI LAN
System Administrator
Dennis Gorres, UNISYS
(202) 260-9420
Les Smith. EPA
(202) 260-5730
Steve Newburg-Rinn, EPA
(202) 260-3757
TSCA Systems Section, IMO
(202) 260-0431
Mark Mitchell
(202)260-1702
Don Huddleston, EPA
(202)260-6386
Doug Iran, UNISYS
(202)2600946
Amie Freistedt, UNISYS
(202)260-0644
Mark Mitchell, UNISYS
(202) 260-1702
OPPT Computer Support Services
38
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INFORMATION ACCESS CHAPTER
INDEX
33/50 Program Administrative Record 34
8(A) Level A (PAIR) Information System 12
8(e) Summary Notebooks 30
Access EPA 8,18
Agency for Toxic Substances and Disease Registry (ATSDR) 25
Agency reports 27-29
Air Risk Information Support Center 21
ALL-IN-1 ! 37
Asbestos School Hazard Abatement Act (ASHAA) Hotline 21
Asbestos/Small Business Ombudsman's Office 25
Batch Retrieval 9
Bi-Weekly Report 18
Biotechnology issues '..... -..'. 32
CBI databases ._., 10
CBJ systems access 9
CEB files 32
CECATS 9, 11
Center for Environmental Research Information (CERI) 28
CERCUS Helpline 21
CHEM Files 26
Chemical Assessment Desk (CAD) 21
Chemical Directory (CHEMD) 10
Chemical Regulation Reporter 30
Chemical Update System (CUS) 11
Chemicals in Commerce Information System (CICIS) 11
Chemicals-ln-Progress Bulletin 18, 24
CHIPS Files/List 30
Comprehensive Assessment Information Rule (CAIR) System 12
Confidential Business Information Center (CBIC) 7
Confidential Business Information Tracking System (CBITS) 12
Confidential Chemicals Identification System (CCID) 11
Congress and Toxics 18
CORR i t 26
CPSC Hotline 25
Department of Transportation — 25
Depository Library Program 27, 28
Divisional files 32
Dockets 6-8, 18
Document and Personnel Security System (DAPSS) 12
Emergency Planning and Communi^Right-to-Know Reports Staff U 18
Emergency Response Notification System (ERNS) 16
EPA Headquarters Library 4, 28
EPA Publications Bibliography , 29
EPCRA Bibliography 29
EPCRA Information Hotline 22
Evaluation of industrial facilities' progress in source reduct 32
Exposure Assessment support files 32
Index 39
-------
Federal Notice Bulletin Board , 27
Federal Register Notebooks 26
Food and Drug Administration 25
FOSTTA GRAM .......'.'......'.'.'........ 19
Freedom Of Information Act ; 22
FYI submissions 7, 9
GENE-TOX 16
Grapevine 19
HERD Branch reference collections 30
HERD CBI Library 30
HERD Divisional reference collections ,. 31
Hidden information sources 35
Hotlines and Clearinghouses 21
Housing and Urban Development 25
Image Processing System (IPS) 13
Industrial Hygiene publications 31
Information Management Network 19
Information management philosophy , 1
Information Systems Inventory (ISI) 16
Interagency Testing Committee , 33
Interiibrary Loan 2
International Agency for Research on Cancer (IARC) Monographs 31
International Register of Potentially Toxic Chemicals 17
Kirk-Othmer Encyclopedia of Chemical Technology 31
Law Library 4
LEGISLATE 13
Legislative Reference Library 5
Libraries 2, 3, 5, 14, 18, 28, 29
Major reference collections 30
Management Information Tracking System (MITS) 14
Nation Air Toxics Information Clearing House (NATICH) 16
National Occupational Survey (NOES) database 10
National Radon Hotline 22
National Technical Information Service (NT1S) 27
NIOSH publications 31
OAQPS Emission Factor Clearinghouse (EMC) 16
Office of Inspector General Hotline > 22
OPPT computer support services 36
OPPT databases 9,13, 26
OPPT Library 2-4, 16, 26, 29, 31
OSHA Computerized Information System (OCIS) 17
PC services 36
PENTA 13
Personal files f ; 35
Physical/Chemical properties & Fate Testing Guidelines 33
PMN pre-notice data base . 13
Pollution Prevention Division Monthly Activity Report 19
Pollution Prevention Information Clearinghouse (PPIC) 23
Pollution Prevention Information Tracking System 33
Pollution Prevention News 20
Index 40
-------
Premanufacture Notice (PMN) Information , 33
Production/Exposure Profiles (PEPs) 33
Public Information Center (PIC) 4,18
Publications and newsletters 18
RCFWSuperfund Hotline 23
Register of Lists (ROL) 16, 26
Regulatory status information 26
Risk Communication Hotline 23
flisk Management Administrative Record 7
RM1 and RM2 case development '. 33
RMx T7T. 13
ROADMAPS 14, 26
Safe Drinking Water Hotline 24
Searching mechanisms 9
Significant New Use Rule (SNUR) files 33
SIS/L , 9
Structure Searching 10
Structure-Activity Relations for Chemical Carcinogens ...' 30
Superintendent of Documents Sales Program 27, 28
Text Searching 9
Title III List Of Lists 16, 26
Toxic Release Inventory 3,14, 24
Toxic Substances Control Act Test Submissions 15
TOXNET 14-16
TRI-USER support 24
TRI-USER support (TRI-US) 15
TSCA Hotline 18, 24, 26, 30, 33
TSCA Public Docket and Reading Room 6
TSCA Regulations 26
TSCA §4: Testing of Chemical Substances and Mixtures 6
TSCA §5: Manufacturing and Processing Notices 6
TSCA §6: Regulation of Hazardous Chemical Substances and Mixtures 6
TSCA §8: Reporting and Retention of Information 6
TSCA §8(d): Reporting and Retention of Information/ Health 6
TSCA §8(e): Reporting and Retention of Information/ Notice 7
U.S. Government Printing Office (QPO) 27
Wetlands Protection Hotline 25
WIC training 36
Index • 41
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INFORMATION
WILL BE PROVIDED
AT TIME OF
PRESENTATION
-------
-------
OFFICE OF
»r*AN»9
AND EVALUATION
The Office of Policy, Planning and Evaluation (OPPE)
encompasses the following offices:
o Office of Policy Analysis: OPA conducts evaluations of
Agency programs, policies, and standards; studies
emerging environmental issues, such as global climate
change; coordinates, evaluates, and develops Agency-
wide and program-specific policies; and analyzes and
develops Agency position on the environmental impacts
of other federal policies, including energy,
agriculture, and transportation.
o Office of Regulatory Management and Evaluation; ORME
provides procedural management, planning, and
evaluation of Agency standards, regulations, and
guidelines, and information collection activities;
provides Agency-wide program evaluation; conducts
science and statistical policy analysis and
development; conducts economic analysis and research,
manages risk communication for Headquarters and
Regions; and directs the regulatory negotiation and
consensus-building project.
-------
-------
THE STEERING COMMITTEE
Purpose: The Steering Committee is a standing group with representation from each Assistant
Administrator and the General Counsel. It is the primary mechanism for coordinating and integrating
the Agency's regulatory development activities. Its key functions are to approve Start Action Notices
(SANs); charter and monitor the progress of staff-level workgroups, especially regarding cross-
media or inter-office problem-solving; and ensure, when appropriate, that significant Issues are
resolved or elevated to top management. Regions participate in Steering Committee activities through
Regional Regulatory Contacts. These Contacts coordinate reviews in the Regions and facilitate rule-
related-activities for the Regional Administrators (RAs). >
Participants:
CHAIR: Thomas Kelly OW:. Cythnia Puskar OE: Winston Haythe
202-260-4001 202-260-8532 202-260-8783
OAR: Tom Eagles ORD: Jay Benforado OARM: Kathleen Herrin
202-260-5585 202-260-7669 202-260-3352
OPPE: Maryann Froehlich OPPTS: Sherry Sterling OSWER: Margaret Schneider
202-260-4012 202-260-2890 202-260-4617
OGC: Dana On OROS/LR: Brenda Greene
202-260-5466 202-260-3870
Operation: The Steering Committee meets biweekly (every other Wednesday), with additional
meetings scheduled as necessary. Its regular format (a) consideration of pending Workgroup Reports
(b) discussion and disposition of SANs, and (c) other issues. Upon request, the Chair will schedule a
separate meeting to consider a proposed or final rulemaking package, or arrange for some other form
of Steering Committee review. Any office may submit documents or issues for the agenda through its
Steering Committee Representative. Regional Contacts receive all Steering Committee documents.
Typically they are not able to attend meetings, but Regions can send written comments. Due to time
limitations, they may call the Regulatory Development Branch (RDB) in the Office of Regulation
Management and Evaluation with issues, so that RDB can present these views at a meeting. After each
meeting, the Committee Chair issues a closure memo that documents outstanding issues, agreements,
and action to be taken. RDB provides staff support for the Committee.
In addition to their role as members of the Steering Committee, these representatives play an
important regulatory management role within their offices. They direct the flow of documents into and
through trie agency's regulatory review systems (including Red Border, and Federal Register
activities); serve as their Assistant Administrator's liaison with OMB under Executive Orders 12291
and 12498; and direct their programs' review of other offices' regulatory development activities.
See Also: Administrator's Memorandum, The Regulatory Development Process: Change in Steering
Committee Emphasis* (October 16, 1986); and "Information Sheet to Guide New Steering Committee
Process" (November 19, I986). Available from the Regulatory Development Branch (202-260-5475).
Fact Sheet 1 (Rev. 6/93) Regulation Management Series
-------
START ACTION NOTICES
Purpose: A Start Action Notice (SAN) initiates work on a rule or related action and establishes the
Agency workgroup. It provides brief, descriptive information and should be prepared at the very
outset of an office's effort. Its principal purposes are to alert other Agency offices to the lead office's
intention to develop a rule, and provide the Steering Committee with the opportunity to discuss and plan
for the inter-office or inter-media aspects of the action. The SAN summarizes the problem and
proposed action; presents' the major regulatory issues and cross media concerns; identifies
enforcement implications, schedules, and key technical data needed for the action. In addition,
submitting the SAN to the Steering Committee is the mechanism for: (a) reaching agreement on the
necessary review steps (e.g., Workgroup Reports, and an Information Collection Request), and (b)
helping all Agency programs decide at the start of the process whether to designate members to
participate on the workgroup and what skills would best contribute to the rulemaking.
Preparing the Document: The SAN is a two-page form with instructions on the removable .first
page. It asks primarily for descriptive information, which should be available to the lead office when it
starts work on a regulation. The Steering Committee uses this information to determine the significance
of the action for the Agency and for individual offices, the composition of the workgroup, and the type
of management'review that is appropriate. For these reasons, the description should give information
on any likely cross-program effects, issues or problems. The description should:
o clearly summarize the problem, including its health and environmental significance;
o indicate the effect of the problem and the intended regulatory action on other
environmental media or programs;
o identify the EPA Regions and other groups that should be involved;
o identify technical data and information that will be needed and when it will be available.
Operation: The lead office Steering Commitee Representative approves the SAN, catagorizes it as
either 'discussion* or "nondiscussion*. and submits 25 copies to the Regulatory Development Branch
(ROB) for distribution. "Discussion* SANs warrant a briefing from the lead office to facilitate
discussion of the Steering Committee and .workgroup nominations. "Nondiscussion* SAN's only require
nomination of workgroup representatives at the meeting. The lead office should submit *nondiscussion*
SANs 15 days-prior to the biweekly Steering Committee meeting.. Steering Committee Representatives
can decide before the final agenda is set (one week before the meeting) if the SAN needs a briefing and
RDB can reschedule it as a 'discussion* Item. ' Discussion* SANs need only be submitted 8 days before
the Steering Committee meeting for inclusion in the final agenda. The Committee charters a workgroup,
designates workgroup members, and determines what further reviews are appropriate. If the SAN
does not provide sufficient information for Steering Committee Reormsentatives to select their
workgroup members, they can give RDB the .name or names after the meeting. RDB will include these
names in the closure memo for the meeting. The lead office then convenes the workgroup.
See Also: SAN forms are available from Steering Committee Representatives or from the Regulatory
Development Branch (202-260-5475).
Fact Sheet 2 (Rev. 2/92) Regulation Management Series
-------
THE WORKGROUP
Purpose: Workgroups are EPA-wide, staff-level groups formed to develop regulatory actions and
supporting materials. The workgroup's primary responsibilities are to: 1) support the lead office in
its design, technical and analytical work; 2) identify and assess principal policy issues and options,
especially those that are cross-media; 3) resolve issues or elevate them for upper management's
resolution; 4) ensure the quality and completeness of regulatory packages. Workgroup members are
expected to represent the policy positions and perspectives of their management as well as to
contribute their technical and analytic expertise.
Participants: Typically the lead office will place several people on the workgroup to support the
chair and conduct the bulk of the .technical, analytical, and drafting work. OGC, OPPE, and often ORD
and OE participate; other program offices--OAR. OPPTS, OSWER, and OW--often participate actively
especially when there are significant inter-media issues. OARM and Regional Offices participate less
frequently. If a Steering Committee Representative assigns more than one workgroup member, they
usually designate one person as lead to represent their Assistant Administrator's position and
coordinate the efforts of the other members. (If workgroup progress requires that there be a single
lead from other offices, the lead program Steering Committee Representative can ask each office to
designate a lead workgroup member.) Except in special cases, it is difficult for Regions to participate
actively on workgroups. Therefore, the lead office should initiate efforts to solicit Regional office
perspectives, especially those that pertain to implementation issues.
Operation: The workgroup's formal operation begins with the approval of the Start Action Notice
(SAN) and the chartering of the workgroup by the Steering Committee. The lead office chairs and
convenes workgroup meetings. Other members of the workgroup are assigned by their offices'
Steering Committee Representatives. How the workgroup should operate will vary, depending on the
rulemaking. The workgroup chair should discuss and clarify members' roles and expectations early in
the process to avoid misunderstandings. For most rules, the Steering Committee will ask the
workgroup to report on its progress through periodic Workgroup Reports, which the workgroup chair
must prepare. To ensure workgroup and Steering Committee consensus on the agenda of issues for
discussion, the workgroup chair should prepare a comprehensive list of issues and revise it as
appropriate throughout the rulemaking.
See Also: Fact Sheet #4, "Workgroup Reports", available from the Regulatory Development Branch
(202-260-5475).
Fact Sheet 3 (Rev. 2/92) Regulation Management Series
-------
WORKGROUP REPORTS
Purpose: Workgroup Reports keep the Steering Committee informed about workgroup progress on a
regulatory action. They describe: (a) issues and alternatives being addressed and resolved; (b) any
issues that need to be elevated for resolution; and (c) the status of ongoing work and any anticipated
delays. The Steering Committee's discussion of the Workgroup Report focuses on cross-media or other
issues or alternatives not being considered by the workgroup. Steering Committee concurrence with
the Report is designed to ensure that issues resolved by the workgroup are not raised again at a later
date, and that unresolved issues are dealt with in a timely way.
Preparing the Document: The workgroup, chair prepares the Report in consultation with workgroup
members. The document should summarize the status of issues but need not be exhaustive. It .should be
sufficiently detailed to allow workgroup members to determine that all issues are included and that
their status is presented accurately. Steering Committee Representatives are expected to confer with
their workgroup member(s). A cumulative or master list of issues (both resolved and unresolved)
should accompany the Report as an attachment. This list should reflect the issues outlined in the
Development Plan, and might not change throughout the workgroup effort unless issues change or new
ones arise. If no Development Plan is prepared, the first Workgroup Report should contain the initial
list of issues to be addressed. Any additional issues arising during the rule's development should be
added to the master list.
Operation: The lead office submits the Report to its Steering Committee Representative, who
reviews the Report before sending it to the Steering Committee Chair for distribution. (Workgroup
members should already have received a copy.) The Steering Committee review period is two weeks.
To get a report on the agenda the Steering Committee Representative must submit 25 copies to the
Office of Regulation Management and Evaluation, Regulation Development Branch by COB (4:00 p.m.;
Tuesday, 15 days before the biweekly Wednesday meeting. At the meeting, the program office briefs
the Steering Committee on the Report Typically the workgroup chair attends the Steering Committee
meeting to participate in the discussion. After discussion, the Steering Committee approves the Report
or requests revisions and makes recommendations. If issues must be elevated, Steering Committee
Representatives determine what these issues are and in what forum to raise them. The Steering
Committee Chair issues a closure memo that documents issues raised and decisions made at the
Steering Committee meeting.
See Also: Fact Sheet *3, The Workgroup*, available from the Regulatory Development Branch (260-
5475). A Workgroup Report Format and copies of prototype Workgroup Reports are available from
Steering Committee Representatives.
Fact Sheet 4 (Rev. 10/91) Regulation Management Series
-------
INFORMATION COLLECTION REQUESTS (ICRs)
Purpose: Under the Paperwork Reduction Act (PRA), Agency offices must prepare an ICR to obtain
OMB clearance for any activity that will involve collecting substantially the same information from ten
or more non-Federal respondents. ICRs are submitted for review initially to the Information Policy
Branch (IPS), in OPPE, and then to OMB. Offices or workgroups may need to prepare ICRs for:
o information requirements to be included in a rule - e.g., reporting, monitoring, or
record-keeping requirements, and/or
o other information collection activities - e.g., conducting studies or surveys, sending
out application forms, doing audits, etc.
Information requirements in final rules may not be valid and enforceable until OMB clears the
corresponding ICR. In the absence of clearance, enforcement actions taken on the basis of information
so collected may be subject to challenge on grounds of non-compliance with the PRA.
Preparing the Document: An ICR consists of an SF 83 form plus an attached justification
statement. In this justification, the following points serve as the focus for both the IPB'OPPE and OMB
reviews:
o the statement of need for -- and use of -- the information to be collected;
o the plans for managing the information and assuring data quality;
o the calculations of cost to the government and burden on respondents,, especially to
make sure that they are consistent with calculations of economic impact in the
rulemaking package; and
o a detailed explanation of any statistical components in surveys, including the sampling
and analysis plans. •
Operation: To address information requirements in rules, the first step should be to use the Start
Action Request to indicate that there may be reporting or record-keeping requirements. These
information requirements may involve rulemaking issues of interest to other offices. Such issues
should be discussed in the workgroup, and if unresolved should be included in workgroup reports to the
Steering Committee. Once the ICR is ready, the originating office's Information Management
Coordinator submits it to IPB. This should be no later than when the rulemaking package first reaches
formal Agency-wide review (workgroup closure or Red Border review). IPB then reviews the ICR for
information policy issues and responds with any problems within two or three weeks. Any such
problems must be resolved at the latest in conjunction with Red Border review, since IPB must submit
the ICR to OMB on the date that the proposed rule is published. OMB review normally take 60-90 days.
In the case of Information requirements in proposed rules, If OMB does not approve the ICR, it must be
resubmitted when the final rule is published. Similarly, if information requirements change from
proposed to final rule, a revised ICR must be submitted.
For other information activities, the ICR should be ready to submit four months before the infomation
collection is scheduled to begin - earlier if there may be survey design issues. The program office
should discuss concepts at the workgroup level, and Development Plans should include enough lead time
to allow for preparation, review and clearance of the ICR. Bear in mind that for surveys a pilot or
pretest may be necessary and that - in some cases - the pilot or pretest may need its own ICR.
See Also: 'Information Collection Request Handbook*, available from IPB (202-260-2706) or the
Information Management Coordinator in your Assistant Administrator's office. For further discussion
of the PRA see 5 CFR Part 1320.
Fact Sheet 5 (Rev. 10/91) Regulation Management Series
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WORKGROUP CLOSURE MEETINGS
Purpose: The workgroup closure meeting is an. alternative to Steering Committee review of the
decision package prior to Red Border (Assistant Administrators') review. This closure meeting
provides a forum for confirming that (a) the workgroup has successfully completed its job, resolving
as many issues as possible and clearly defining others, (b) the rulemaking package is ready for AA, RA,
and DA-level review, and (c) Agency and external requirements have been met
Participants: The Director of the Regulation Management Division (from Office of Regulation
Management and Evaluation [ORME]), or a representative, chairs the closure meeting. The role of the
ORME chair is to facilitate closure, not to decide substantive issues. Members of the workgroup
participate in the meeting as representatives of their Assistant or Regional ^Administrators.
Participation in the closure meeting normally is a precondition for an office's participation in the Red
Border Review. ' •.•••'•
Operation: (1) The Steering Committee Representative from the lead office requests a closure
meeting through the appropriate Desk Officer in the Regulation Development Branch of ORME. The lead
office must provide a complete draft rulemaking package to workgroup members at least ten working
days before the closure meeting. This draft package includes materials that normally are expected to
be part of the Steering Committee review-the rule, action memo, preamble, supporting analysis,
information collection request (ICR), and other relevant materials. A copy of the memo announcing the
closure meeting must be sent simultaneously to all members of the Steering Committee.
(2) The typical format for the meeting is: with the ORME chair presiding, the workgroup chair gives a
brief summary of issues resolved arid those still outstanding, and describes any changes since the lead
office distributed the draft package to the workgroup. Workgroup members then offer their respective
Assistant or Regional Administrators' positions (e.g., concurrence, concurrence with comment,
concurrence with conditions, or nonconcurrence). Each AAship or Region presents a single position at
closure even if an office has more than one workgroup member. The ORME chair will then establish:
a) matters that should be addressed before Red Border,
b) issues (if any) to be presented in Red Border,
c) participation in, and date for beginning, Red Border review.
(3) The workgroup chair should assure the participation in workgroup closure of all offices and Regions
which have been involved In rule development. In the event that an office or Region is unable to
participate in the closure meeting, the workgroup chair should attempt to determine the office or
regional position prior to the meeting, and request written comments.
(4) Following the closure meeting, ORME will issue a brief summary that certifies a package for Red
Border review or documents other conclusions. This closure memo defines the conditions,-timing, and
other aspects of Red Border review. The lead office and affected parties resolve any problems, either
before or during Red Border review, using the Steering Committee as a forum if appropriate.
See Also: Fact Sheet f3, The Workgroup*, available from the Regulatory Development
Branch (202-260-5475)
Fact Sheet 6 (Rev. 8/91) Regulation Management. Senes
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CLEAN AIR ACT AMENDMENTS WORKGROUP CLOSURE MEETINGS
Purpose: The workgroup closure meetings for the Clean Air Act Amendments regulations are the final
point for internal Agency concurrence (there is no Red Border review for CAAA actions). This closure
meeting provides a forum for confirming that (a) the workgroup has successfully completed its job and
that all issues have been resolved or elevated, (b) the rulemaking package is ready for OMB review,
and (c) Agency and external requirements have been met.
Participant*: The Director of the Regulatory Management Division (in the Office of Regulatory
Management and Evaluation [ORME]), or a representative, chairs the closure meeting. The role of the
ORME chair is to facilitate closure and ensure that the package.is ready for OMB review. Members of
the workgroup participate in the meeting as representatives of their Assistant or Regional
Administrators.
Operation:
1. The Steering Committee Representative from the lead office requests a closure meeting
through the appropriate Desk Officer in the Regulatory Development Branch of ORME.
The lead office must provide a complete draft rulemaking package to workgroup
members at least ten working days before the closure meeting. This draft package
includes materials that normally are expected to be part of the Steering Committee
review-the rule, action memo, preamble, supporting analysis, information collection
request, and other relevant materials. Because the process for CAAA regulations does
not include Red Border review, the draft package should be a "Red Border* quality
package at the time of workgroup closure. A copy of the memo announcing the closure
meeting must be sent simultaneously to all members of the Steering Committee.
2. The typical format for the meeting is: with the ORME chair presiding, the workgroup
chair gives a brief summary of issues resolved and those that have been elevated
(Note: All issues must be resolved or elevated by this point), and describes any
changes since the lead office distributed the draft package to the workgroup. Other
Workgroup members offer their respective Assistant or Regional Administrators'
positions (i.e., concurrence, concurrence with comment, or nonconcurrence). If there
is more than one workgroup member from an office, they should be sure to coordinate
in order to arrive at a single position for their office. Because the CAAA procedures do
•not use Red Border review following workgroup closure, any office that has identified
unresolved issues at the time of workgroup closure must raise those issues to the
AA/OAR or the Deputy Administrator before the package is sent to OMB. For the same
reason, offices may not "concur with conditions' at workgroup closure; they may
concur with or without comment or may nonconcur. Any conditions that offices would
impose must be elevated at or before the time of workgroup closure.
3. Following the closure meeting, ORME will issue a brief summary that certifies a
package for OMB review or documents other conclusions. This closure memo defines
the conditions, timing, and other aspects of OMB review.' The lead office and affected
parties resolve any problems, either before or during OMB review.
Fact Sheet 7 (2/92) Regulation Management Seoes
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RED BORDER REVIEW
Purpose: Rod Border is the formal review mechanism by which senior management (usually Assistant and
Regional Administrators and the General Counsel) reviews and approves regulatory packages before they are
presented to the Administrator or other approving official. The workgroup, with Steering Committee
oversight, should already have defined all significant issues and resolved all or most of them, so that no new
Issues or problems arise during Red Border review.
Participants: The Assistant Administrator for the lead office approves the package for Red Border review
by signing the transmittal memo. The review may Include only the Assistant Administrator for OPPE and the
General Counsel. However, other Assistant Administrators or Regional Administrators may participate It
their offices were represented on the workgroup with the approval of the lead office Steering Committee
Representative.
Preparing the Document: The Red border package should include: ' • ' • ' .
o Action Memorandum
o Current Workgroup Member List
o Preamble and Regulatory Text
o Communications Strategy
o Federalism Review Form (EPA Form 3720-11)
The lead office submits enough copies of the regulatory package for all reviewing offices and regions', plus
three for the Regulatory Development Branch (RDB). If the rule is approved for concurrent Red Border and
OMB review, it should also include OMB form SFB3 and four additional copies of the p'e^mble and rule.
* RDB can, if the Program office so desires, send the Red Border package by e-mail. This transfer eliminates
delays of several days in pouch mail, copying and distribution within the regional office. This is accomplished
by submitting the package (under 250 pages) on computer desk to RDB along with the copies of the Red Border
package for distribution. The document(s) should be In WordPerfect 5.0 or 5.1. For further details contact
RDB. • .
Operation: The review period la generally 15 working days. The lead Assistant Administrator may request
a shorter Agency review If the rulemaklng Is under a tight schedule; I.e., court or statutory deadlines. Any
such request must be in writing, and include the reason for expedited review. During the Red Border review
the appropriate RDB desk officer receives written comments from the reviewing offices and transmits them to
the lead office. After Red Border Is complete and the lead office has considered and responded to all
comments, the lead office prepares the package for OMB review.
See Also: Fact Sheet *9, *OMB Review Under E.O. 1229V and Fact Sheet 95, •Information Collection
Requests,* available from the Regulatory Development Branch (202*260-5475).
Fact Sheet 8 (Rev. 6/93) . Regulation Management Series
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OMB REVIEW UNDER E.O. 12291
Purpose: Under Executive Order (E.O.) 12291. each proposed and final rule (including some policy
documents and guidelines) which the agency issues must be sent to OMB for review before the
Administrator signs it. The Order defines two categories of rules: major and non-major. Major rules
are those having a very large impact on society, either in terms of costs (over $lOOm annually), or in
terms of effects on an industrial sector, employment, or international trade. The purpose of OMB
review is to assure that, within the constraints of their statutes, agencies choose among the various
alternatives by considering the costs and benefits associated with each. OMB has exempted certain
high-volume classes of rules with limited impacts (e.g., pesticide tolerances) from E.O. 12291 review.
Participants: The lead office responds to OMB issues or questions on its rule. The Steering
Committee Representative for that office takes the lead in arranging all OMB meetings and in
coordinating the office's response to OMB. The lead program office should include OPPE and OGC in any
meetings with OMB, and confer with other affected offices on the appropriate response before making
substantive changes. OPPE tracks and reports on the status and current issues of rules under OMB
review for senior management.
Operation: Except for the exempted rules -- and those in certain special categories (e.g. TSCA 8(a)
Rules) » all rules are sent to OMB's Office of Information and Regulatory Affairs (OIRA) before they
are signed by the Administrator or a designated official. OMB review normally follows Red Border
review. If this sequence of review would cause EPA to miss a statutory or court-order deadline, the
Steering Committee may authorize concurrent OMB and Red Border review.
To initiate the E.O 12291 review, the lead office must submit five copies of the preamble and rule along
with a single copy of a SF-83 form signed by their Steering Committee Representative to the
Regulatory Development Branch (ROB). OPPE clears and signs the SF-83 for submittal to OMB. For
interim final rules without prior proposals, OGC must also sign the SF-83 (before submittal to OPPE) to
verify that they agree that an interim final meets the Agency's responsibilities for notice and comment
under the Administrative Procedures Act.
The period for OMB review cited in the Order varies according to the type of action: major rules have
a 60-day review at proposal and 30 days at final; non-major proposed and final rules have a 10-day
review.. If OMB does not complete its review within the specified review period the OIRA desk officer
calls the RDB desk'officer to extend the review. In virtually all cases, rules do not go forward for final
signature in EPA until the program office addresses OMB concerns and resolves outstanding issues.
Court-ordered deadlines and stringent statutory deadlines may occasionally require that EPA publish a
rule before OMB has finished its analysis and comment After OMB review is completed the lead office
prepares the package for AX (Administrator's Correspondence Control) and the Administrator's
signature. The package includes two copies of the preamble and rule, the signed action memo,
communications strategy, Federal Register typesetting request (EPA Form 2340-15), and request for
reprints, if desired (EPA Form 2340-1). The lead office should deliver the package to RDB for
transmission to AX. Obtaining the Administrator's signature usually takes a week to ten days.
See Also: Fact Sheet f8, "Red Border Review*, available from the Regulatory Development Branch
(202-260-5475). Steering Committee Representatives can advise on exemptions from E.O. 12291
review.
Fact Sheet 9 (Rev. 10/91) Regulation Management Series
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FEDERAL REGISTER PUBLICATION
Purpose: The Federal Register publication system was established by Congress as a means of
informing the public, of regulations that affect them. Publication in the Federal Register has certain
legal effects, including: providing official notice of a document's existence and content; creating a
rebuttable presumption that the text is a true copy of the original document; establishing that the
document was duly issued, prescribed, or promulgated; and providing evidence that is recognized by a
court of law.
Preparing the Document: When preparing a document for Federal Register publication, the lead
office should follow the formal requirements of the Office of the Federal Register (OFR), found in the
Federal Register Document Drafting Handbook. Trie Federal Register package should include:
o the signed original of the preamble and regulation plus three copies
o • the Federal Register Checklist, signed by the Steering Committee Representative or
other approving official;
o typesetting .request (EPA form 2340-15); and
o EPA form 2340-1 if reprints are being ordered.
OFR follows strict publication requirements, so even minor problems can delay publication. The most
common problems causing delay are: errors in codification; unclear graphs, charts, and tables; too
few copies; unclear signatures; omitting a typesetting request or Federal Register Checklist.
Operation: If the package requires the Administrator's signature the lead office must submit the
Federal Register mataiials with the package for transmission to AX (See'Fact Sheet 9). In any case,
direct all Federal Register packages to EPA's Federal Register Officer, Regulatory Development Branch
(ROB), Room 409WT, 202-260-7204. ROB reviews documents for consistency with OFR requirements
and transmits them to OFR for publication. Documents usually appear in the Federal Register within
four days after RDB approves them. However, if a document is particularly long (250 pages or more),
and contains many tables, graphs, and figures,.publication will take at least one week. RPB provides a
listing on AII-IN-1 E-Mail that describes all documents sent to the Federal Register or published within
the past five da vs. This listing is available in the "Federal Register* section of AII-IN-1 E-Mail under
the "Bulletin Board".
See Also: Federal Register Document Drafting Handbook, available from the Agency's supply store;
Federal Register Checklist, available from Steering Committee Representatives or the Regulatory
Development Branch (202-260-5475).. .
Fact Sheet 10 (Rev. 2/92) Regulation Management Series
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THE REGULATORY FLEXIBILITY ACT
Purpose: The purpose of the Regulatory Flexibility Act of 1980 is to require federal agencies to
consider the economic impact of their regulations on 'small entities* (I.e., small businesses, small
governments, small non-profit organizations). The Act applies to all rules subject to the notice and
comment procedures of the Administrative Procedures Act; certain other rules are covered by all or
some of the Act's provisions.
Under the Act's provisions, agencies are required to conduct a regulatory flexibility (regflex)
analysis if a rule will have a "significant economic impact on a substantial number* of small entities.
The purpose is to consider any regulatory alternatives that accomplish the objectives of applicable
statutes while minimizing economic impacts on small entities. Regflex analysis is not required if an
agency certifies that the rule will not have a significant economic impact on a substantial number of
small entities. The Act also mandates special efforts to involve small entities in rulemaking.
Agency Policy: Under the Agency's new (4/9/92) Guidelines for implementation of the
economic impact is a significant impact, and anv number of small entitles impacted Is a substantial
number. In other words, EPA will perform a regflex analysis if a rule will have anv economic impact.
however small, on any small entities, even though the agency may not be legally required to do so.
Under this policy, regflex certifications are permissable only when a rule will have no impact on any
small entity. The new regflex Guidelines are mandatory for any rulemaking for which a Start Action
Notice (SAN) had not been submitted to the Agency's Steering Committee on or after April 9, 1992.
Rules which were underway prior to April 9, 1992, are subject to the Agency's regflex
Guidelines issued February 9, 1982. Under these Guidelines, a regflex analysis is required only if the
rule will have a "significant economic impact on a substantial number of small entities.*
Preparing Regflex Analyses: At the rule proposal stage, the lead office prepares an 'initial
regulatory flexibility analysis* (IRFA), which must contain the following information: (1) why agency
action is being considered; (2) objectives/legal basis for the proposed rule; (3) small entities affected;
(4) reporting, recordkeeping, compliance requirements; (5) duplicative, overlapping or conflicting
federal rules; (6) alternatives which may minimize economic impacts. A 'final regulatory flexibility
analysis* (FRFA) must beprepared for the final rule, and must contain: (1) a statement of need for
/objectives of the rub; (2; a summary of public comments on the IRFA, the agency's response, and. any
changes resulting from public comments; (3) a description of significant alternatives considered and the
Agency's justification for rejection of any.
Participants: The lead office is responsible for preparing the IRFA/FRFA or preparing and justifying
regflex certifications. The Regulatory Development Branch (ROB) in the Office of Regulatory
Management and Evaluation (ORME) oversees EPA's compliance with the Act EPA's Small Business
Ombudsman (in the Office of Smalland Disadvantaged Business Utilization) can advise on small business
issues, and the Agency's Small Community Coordinator (Office of Regional Operations, State and Local
Relations) can advise on small community issues. The Small Business Administration's Office of
Advocacy has responsibility for monitoring compliance with the Act.
Operation: As previously mentioned, the Act directs agencies to assure that small entities have an
opportunity to participate in rulemaking. In the early stages of rulemaking, such participation of small
entities can be especially beneficial to the Agency in helping to Identify the nature and extent of impacts
and ways to reduce those impacts. See also: "Guidelines for Implementing the Regulatory Flexibility
Act (Revised April 1992)*. and "Guidelines for Implementing the Regulatory Flexibility Act*
(2/9/82). Copies are available from the Regulatory Development Branch (202-260-5475). _ ^^
Fact Sheet 1 1 (Rev. 5/93) Regulation Management Series
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REGULATORY NEGOTIATION & CONSULTATION
Description: Negotiation and consultation with outside parties are an important part of the
rutemaking process at EPA. Such consultation during the Agency's development of regulations and
policy actions offers several benefits: it brings outside information and perspectives to the Agency's
decisions; it allows representatives of different interests to engage in policy deliberations with each
other and with the Agency; it builds support for the Agency's decisions and increases the overall
efficiency of EPA's decision making process. Agency staff can rely on a variety of approaches that
EPA and other agencies have found effective, ranging from highly structured regulatory negotiations to
more informal processes such as policy dialogues, facilitated public meetings, and facilitated
workshops. With all of these approaches, the Agency uses an experienced, neutral facilitator to help
the parties prepare an agenda, define issues, share information, clarify interests, and otherwise
establish a process for achieving their goals.
Operation: Program offices are invited to call on the Regulatory Negotiation Project Staff in the
Regulation Management Division to help decide when to use a consensus-building approach and which one
to use. The Project Staff can recommend an approach or a combination of approaches suited to an
office's needs. They can also provide criteria for selecting items a? candidates for regulatory
negotiation.
The Regulatory Negotiation Staff is trained in facilitating meetings and in training others in the use of
consensus-building approaches. When these activities require contract support, the Staff can direct the
program office to appropriate experts. The Project has a contract mechanism which program offices
can use to engage this outside support.
In the regulation development process, the Start Action Notice (Fact Sheet #2) is the appropriate point
at which an office should consider what kinds of consultative approaches to incorporate into the
rulemaking. At this stage the Steering Committee reviews the documents and may inquire about or
recommend strategies for consulting with outside groups.
Agency Participation: The Steering Committee participates in the initial consideration of
consensus-building approaches in its review of SANs. When a lead office participates in a regulatory
negotiation, it represents the Agency as a whole in making decisions. In this capacity, it must keep the
workgroup and Agency, managers informed of the status of negotiations, assure that they express ideas
and- reservations in a timely manner and obtain agreement before committing the Agency. In addition,
formal negotiations will entail briefing senior managers, OMB, and possibly the Administrator. When a
lead office participates in less formal consensus-building activities, it should keep workgroups
informed and raise issues internally if it will be taking any position that will commit the Agency.
See Also: 'Regulatory Negotiation Selection Criteria", a project description, and a 'Regulatory
Negotiation Overview*, are available from the Regulatory Negotiation Project Staff (202-260-7565).
Fact Sheet 12 (Rev. 2/92) Regulation Management Series
3I43L
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REGULATORY IMPACT ANALYSIS
Purpose: Under Section 2 of Executive Order (E.O.) 12291, each major proposed regulatory action
must be accompanied by a Regulatory Impact Analysis (RIA) when submitted to OMB for review. An
RIA document is written primarily to describe the need for the proposed regulatory changes, and the
benefits and costs of these changes. The RIA contains the full complement of economic information
considered by the Agency as it develops a regulation. Economic information is included into the
regulatory decision, within the constraints of statutes, so that the effects of a proposed regulation on
individuals' economic welfare and the economic behavior of markets, can be considered in conjunction
with other regulatory objectives.
Participants: The lead office is responsible for preparing the RIA document, although other offices
may request to contribute to its preparation.
Preparing the Document: An RIA document should consist of the sections described below. The
extent of detailed analysis and discussion allotted to each section will depend upon which questions are -
crucial to guiding the development of the regulation. The RIA should describe the following:
1) the need for and consequences of the proposed action (i.e., the market imperfections,
quantities of pollutants and risks, current controls, and changes in environmental risks);
2) alternative approaches for achieving the environmental objective (e.g., negotiated rules,
market incentives, judicial, state and local mechanisms);
3) the expected and measurable benefits of the regulation (where possible, benefits should be
described in qualitative, quantitative and monetary terms);
4) the estimated economic costs of the regulation (e.g., costs to industry and consumers,
government costs, "social welfare costs', adjustment costs associated with employment and
changes in other productive resources, and other market conditions and impacts);
5) an evaluation of the benefits and costs (e.g., the relevance of time to the realization of
benefits and costs associated with the regulation, and the economic efficiency of the action as
measured by net economic benefits);
6) the rationale for choosing the proposed regulatory action (including the extent to which
economic information was a factor in the decision); and
7) the statutory authority under which the regulation has been developed.
The RIA is best viewed as a document that organizes information and comprehensively assesses the
effects of alternative actions and the trade-offs among them. Ideally, the schedule by which the RIA
document-is prepared should closely follow the regulatory development process, in order that it can be
of immediate use as regulatory decisions are made.
See elso: The Agency has produced a series of documents to assist staff in the preparation of RIAs.
Included among these are "Guidelines for Preparing Regulatory Impact Analysis', which includes a
series of appendices on specific issues (benefits, costs, discounting, and economic impacts). Copies of
these documents and collateral literature are available from the Economic Analysis and Research
Branch, Office of Policy, Planning and Evaluation (202-260-3354).
Fact Sheet 13 (Rev. 10/91) Regulation Management Series
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REGIONAL PARTICIPATION
Purpost: Regional participation is MMntial to the development of Agency regulations to assure they reflect
the views of not only Headquarters program offices but Regional and state interests as well. The Regions also
play a critical role in Implementation and enforcement of the regulations once they become law. To ensure
Regional Input, the program offices and Regions should coordinate throughout all phases of the regulatory
development process.
SANe: A Start Action Notice (SAN) initiates work on a rule Or related action and establishes the Agency
workgroup. It provides brief, descriptive Information and should be prepared at the very outset of an office's
effort. The principal purposes are to alert other Agency offices to the lead office's intention to develop a rule.
and to provide the Steering Committee with the opportunity to discuss and.plan«for the Inter-office or inter-
media aspects of the action. In addition, submitting the SAN to the Steering Committee is the mechanism for:
(a) reaching agreement on the necessary review steps and (b) helping all Agency programs decide at the start of
the process whether to designate members to participate on the workgroup and what skills would best
contribute to the rulemaking. In preparation for the bi-weekly Steering Committee meetings, the Regulatory
Development Branch (ROB) sends via ALL-IN-1 E-mail draft and final copies of the Steering Committee agenda to
all Regional Regulatory Contacts. Paper copies of all Steering Committee agenda.items are sent by pouch mail to
Regional Regulatory Contacts. Regions may nominate Workgroup members by contacting the Steering •Committee
representative for the Office Regional Operations State/Local Relations (Brenda Greene. 202-260-3870).
Workgroup Closure: The Workgroup Chair should assure the participation in workgroup closure of any
•Region(s) that have been involved in rule development. In some cases, the lead office will choose to work with a
lead Region, which has the responsibility to coordinate input on rules from other Regions. When this occurs, the
lead Region will develop a single Regional position during rule development. All Regions providing comments
during Red Border review should participate In Workgroup Closure. The Regional response at elosura must ha at
the Rational Administrator level. The lead office memorandum announcing a Workgroup Closure will be sent to
the appropriate Region(s), and will include the time and date of the meeting, as well as a teleconference number.
In the event that a Region is unable to-participate in the Closure meeting, the Region should provide Its position
to the Workgroup Chair prior to the meeting.
Red Border: Red Border (RB) is the formal review mechanism by which senior management (usually
Assistant and Regional Administrators and the General Counsel) reviews and approves regulatory pawk-^ej
before they .are reviewed by the Office of Management and Budget and signed by the Administrator or other
approving official. The workgroup, with Steering Committee oversight, should already have defined all
significant issues and resolved all or most of them, so that no new Issues or problems arise during RB review.
The Assistant Administrator for the lead office approves the package for RB review by signing the transmlttal
memo. .Assistant Administrators and Regional Administrator may participate If their offices were represented
on the workgroup (or with the approval of the lead office Steering Committee Representative H they were not).
The review period is generally 15 working days but may be shorter for rules with court or statutory deadlines.
Because of geographic considerations. RB review for the Regions Is effectively shorter. Therefore It Is
imperative that the Regions be Involved In the early stages of rule development and Regional workgroup
members Involve their management In all stages of the rule for a smooth Red Border sign-off. ROB can, If the
Program office so desires, send the RB package by e-mail. ROB encourages this. The RDB desk officer will
contact the Regional Regulatory Contact In advance of sending the package by e-mail. During RB review the
appropriate ROB desk officer receives written comments tram the reviewing offices and transmits them to the
lead office. The Regions should mall or fax their response to the appropriate RDB desk officer, as noted on the
red border sign-off sheet, by the deadline.
See Also: Fact Sheet f2. 'Start Action Notices.* Fact Sheet §3. The Workgroup.* Fact Sheet 16.
•Workgroup Closure Meetings,* and Fact Sheet §8, 'Red Border Review,* available from the Regulatory
Development Branch (202-260-5475).
Fact Sheet 14 (Rev. 6/93) Regulation Management Series
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REGULATORY SCOPING
Purpose: Regulatory Scoping engages the Administrator/Deputy Administrator and other EPA senior
managers early in the planning and shaping of the Agency's most significant rules. Scoping meetings
should occur early in the pre-proposal phase of a rutemaking, after the workgroup has formed and held
enough preliminary meetings to articulate major issues that can be identified early. Some rules may,
however, require more than one scoping meeting; for example, when work begins on a final rule and
significant substantive changes are being considered.
Attendance: The scoping meeting is limited to Assistant Administrators (AAs) and Regional
Administrators (RAs) or their deputies who are selected by the Administrator/Deputy Administrator's
(DA) Special Assistant. Normally the Administrator or the DA will chair the meeting. The AAs for OW.
OPPTS, OAR, OSWER, OPPE, and OGC and the RA from the Lead Region will attend.
Procedures: o The lead program should schedule the meeting with Linda Hilwig in the Deputy's
office.
o The lead program should develop a brief issue paper and deliver to all
participants at least ten working davs prior to the meeting. The paper should
present known alternatives/directions and should support a general discussion.
The paper should not present fully developed regulatory options.
o The scoping meeting allows the Deputy Administator to give guidance on areas
to evaluate and alternatives to consider. The Assistant Administrators may
also raise issues to consider in developing the rule.
o Working with the Administrator/Deputy Administrator Special Assistant, the
Regulatory Development Branch (RDB) in the Office of Regulatory Manaqement
and Evaluation will issue a closure memorandum subsequent to the meeting.
RDB should also be informed as soon as the meeting is scheduled.
o Each program office should designate an individual to serve as a contact person
for Scoping meetings so that the Administrator/Deputy Administrator and
other program offices can be assured of consistency in communication.
Selection of Rules: The Steering Committee will screen all major and significant rules (as well as
those selected as 'Priority Rules* by the Administrator/Deputy Administrator) when the program
office presents the Start Action Notice. The Steering Committee may also designate rules after the
Start Action Notice stage as candidates for scoping as deemed appropriate. RDB will routinely
communicate Steering Committee selections to the Administrator/Deputy Administrator.
See Also: Fact Sheet 92, "Start Action Notices" available from the Regulatory Development Branch
(202-260-5475).
Fact Sheet 15 (Rev. 7/92) Regulation Management Series
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OFFICE OF RESEARCH
DEVELOPMENT
The Office of Research and Development (ORD) has broad
responsibility for developing, directing, and conducting a
national research program in pollutant sources, fate, and health
and welfare effects.; pollution prevention and control; waste
management and utilization technology; and environmental sciences
and monitoring.
The offices most likely to participate in or provide
information to OPPT include the following:
o Office of Exploratory Research; OER is responsible for
planning, administering, managing and evaluating EPA
anticipatory and extramural grant research in response
to Agency priorities as articulated by Agency planning
mechanisms and ORD research committees.
o Office of Technology Transfer and Regulatory Support:
OTTRS is responsible for integrating and disseminating
ORD's scientific and engineering information and
expertise into regulatory decision making. This Office
has the lead role for technology transfer within ORD,
providing technical and policy assistance to ORD
laboratories and serving as a focal point for
communication and coordination with EPA Program
Offices, Regional Offices, and non-EPA organizations
(e.g., state and local governments, universities, and
other federal agencies). OTTRS includes the Center for
Environmental Research Information (CERI). CERI
coordinates intra-and extra-Agency communications,
developing technology transfer products such as data
bases, publications, audiovisual aids, seminars, and
conferences to share the results of ORD research with
state1 and local governments, academia, international
agencies, etc.
o Office of Modelingr Monitoring Systems, and Quality
Assurance; OHMSQA includes the Quality Assurance
Management Staff (QAHS), which assists Agency offices
in the development of data quality assurance plans, and
evaluates their effectiveness. The Modeling and
Monitoring Systems Staff plans, manages, coordinates
and reviews Agency research, development, and
demonstration programs in toxics research to define the
technigues and systems necessary for monitoring human
and ecological exposure and relating ambient
concentrations of pollutants to exposure of critical
receptors; developing precise and accurate techniques
for surveillance and enforcement; and managing and
providing specialized monitoring or other specialized
systems on request.
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.o Office of Environmental Engineering and^Technology
Demonstration; The Risk Reduction Engineering
Laboratory (RREL) in Cincinnati, Ohio provides an
engineering basis to the policies, programs and
regulations established regarding toxic substances,
wastewater, pesticides, solid and hazardous waste,
Superfund activities, and drinking water treatment.
For example, RREL develops and demonstrates cost-
effective methods for the treatment and management of
industrial processing and manufacturing of toxic
substances and discharges. The Laboratory will consult
with and provide technical assistance to any program
Office or Region on request.
o Office of Environmental Processes and Effects Research:
OEPER directs and conducts research to determine the
ecological effects of toxic chemicals, obtaining data .
needed to establish standards, criteria, or.guidelines
for protecting non-human components of the environment
and ecosystem integrity and preventing harmful human
exposure to pollutants. This Office oversees six
Environmental Research Laboratories around the United
States.
o Office of Health Research; OHR serves as the focal
point for matters pertaining to the effects of human
exposure to environmental pollutants. It provides
technical assistance and health research information to
steering committees and regulatory review committees,
Regions, Program Offices, and other offices by
planning, implementing and evaluating a comprehensive
health research program.
o Office of Health and Environmental Assessment: OHEA
works with the Program Offices to develop exposure and
human health assessments.
The last five offices oversee a national network of research
laboratories that conduct research into atmospheric research,
environmental monitoring, air and energy engineering, and
hazardous waste and toxics research.
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OFFICE OF GENERAL COUNSEL
The Office of General Counsel serves as the primary legal
advisor to the Administrator; provides legal services to all
portions of the Agency with respect to all programs and
activities of the Agency; provides legal opinions, legal cousel,
and litigation support; and assists in the formulation and
administration of the Agency's policies and programs as legal
advisor. The "Pesticides and Toxic Substances Division" provides
legal counsel, opinions, litigation support, and services with
regard to OPPTS activities.
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36-0
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Chair: Max Baucus (D-MT)
. key staff: Cliff Rothenstein
Tim Mohin (on detail from EPA)
224-6176
current interests:
pollution prevention
environmental technology
environmental justice
Current bills:
Clean Water Act reauthorization
National Environmental Technology
environmental justice
legislative accomplishments:
asbestos - extension of schools
inspection deadline
Ranking Minority: John Chafee (R-RI)
key staff: Richlnnes
224-8832
current bills:
Clean Water Act reauthorization
The current Interests, current bills, and legislative accomplishments listed under each of the members are only those with an OPPT connection.
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• - • ; mMMNmSlSuc MMK»' . -•• '• -v ' '-'.
Chair: Max Baucus (D-MT) ,
1
Chair: Harry Reid (D-NV)
key staff: Jerry Reynoldson
224-3542
current interests:
lead
TSCA reauthorization
current bills:
Lead Exposure
Reduction Act 1993
legislative accomplishments:
Title X
Ranking Minority: Robert Smith
(R-NH)
key staff: Claudia MacMurray
224-2841
;
T
eurauwANDNUUBUi
Chair: Joseph Lieberman (D-CT)
key staff: Joyce Rechtschaffen
Sara Walzer
224-4041
current interests:
pollution prevention
carpet emissions
current bills:
P2 planning act
environmental innovation
research
legislative accomplishments:
PPA
Ranking Minority: Alan Simpson
(R-WY)
-
Chair: Frank Lautenberg (D-NJ)
key staff: Leonard Shen
Rick Erdheim (TRI)
224-6176
current interests:
TRI
pollution prevention
NJ Institute of Technology
current bills:
metal in packaging (Pb)
greentech jobs
recycling
toxic cleanup equity
legislative accomplishments: '
EPCRA (TRI)
PPA
asbestos in schools ban
program reauthorization
Ranking Minority: David Durenberger
(R-MN)
key staff: Jimmie Powell
224-8832
The current interests, current bills, and legislative accomplishments listed under each of the members are only those with an ORPT connection.
' ". . • Z . '
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Chair: Barbara Mikulski (D-MD)
key staff: Carrie Apostolou
224-7211
current interests:
pollution prevention
lead
current bills:
environmental technologies agency
legislative accomplishments:
involved in development of a separate
EPA P2 policy staff
Ranking Minority: Phil Gramm (R-TX)
key staff: Stefan Kohashi
224-7211
John Kerry (D-MA)
key staff: Kate English 224-7211
(Carol Andress - NEMWI)
current interests:
spearheaded Senate support for P2 Executive Order
The current Interests, current bills, and legislative accomplishments lljjf£ under each ol the members are only those with an OPPT connection.
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5 t
Chair: John Dingell (D-MI)
key staff: Dick Frandsen
David Fmnegan
225-2927
current interests:
contracts mismanagement
Ranking Minority: Carlos Moorhead
(R-CA)
key staff: Charles Ingebretson
Nandan Kenkeremath
225-3641
current interests:
risk assessment
current bills:
risk assessment
Th» current Interests, current bills, and legislative accomplishments listed under each of the members are only those with an OPPT connection.
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C/va/r; Jo/in DingelJ (D-MI)
Chair: Henry Wax man (D-CA)
key staff: PhilBarnett
Greg Wetstone
225-4952
current interests:
public health
lead (Pb)
hazards in schools
legislative accomplishments:
Title X
Ranking Minority: Thomas Bliley
(R-VA)
Chair: Al Swift (D-WA)
key staff: Jim Cumberland
George Hall
225-9304
current interests:
lead
legislative accomplishments:
Title X
Ranking Minority: Michael Oxley
(R-OH)
The current interests, current bills, and legislative accomplishments listed under each of the members are only those with an OPPT connection.
5
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'*- " ''' ''' ' *
Chair: Michael Synar (D-OK)
key staff: JimAidala
225-6427
current interests:
chemical testing
core TSCA
carpet emissions
Bernard Sanders (I-VT)
key staff: Doug Boucher
225-4115
current interests:
carpet emissions
Ranking Minority: J. Dennis Hasten (R-IL)
The current Interests, current bills, and legislative accomplishmerti^ded under each of the members ere only those with an OPPT connection
-------
Chair: Louis Stokes (D-OH)
key staff: Michelle Burkett
225-3241
current interests:
P2 budget
current bill:
FY94 Appropriations
legislative accomplishments:
responsible for language in FY94 conference
report on P2 policy staff, SRRP
Esteban Torres (D~CA)
key staff: Fran McPolland
225-3241
legislative accomplishmenbt:
FY94 language in conference report
on P2 policy staff
Ranking Minority: Jerry Lewis (R-CA)
The current Interests, current bills, and legislative accomplishments listed under each of the members are only those with an OPPT connection.
• l !
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OPPT AND THE REGIONAL OFFICES
1. EPA has ten regional offices
— Boston
New York
Philadelphia
Atlanta
Chicago
Dallas
Kansas City (KS)
Denver
San Francisco
Seattle
2. Every region has a Pesticides and Toxic Substances Branch
that houses our programs. . In eight regions, this Branch is
located in the Air Division. In the others (Regions 2, 5),
it is in the Environmental Services Division. This Branch
is responsible for'both pesticides and toxics programs; the
only person in HQ with this breadth of responsibility is our
Assistant Administrator.
3. OPPT programs that have regional components include: PCBs;
asbestos; lead; 33/50; Toxics Release Inventory (TRI);
Biotechnology; Core TSCA (testing, new chemicals, reporting
programs); and pollution prevention. The regions focus on
two aspects of OPPT programs — in some cases, enforcement
of existing regulations and, in others, on outreach to
industry and the public concerning our programs. In some
cases (e.g., TRI), the regions do both.
4. The regional offices are also our most important conduit to
state programs. Because of this, and because most of our
programs either have or will have regional components, it is
very important to ensure that the regions are thoroughly
plugged in to what we are doing in developing policy,
programs, or regulations.
5. We hope to have available to you in the next few weeks a
Regional Directory that will list for you all important
regional staff. When you see it, be sure and put it
someplace where you can easily put your hands on it.
Depending on what your job is, you may find it invaluable.
6. The Environmental Assistance Division maintains a small
staff of people whose job it is to help you involve the
regions. Please call us whenever you think it useful, or
when you want to learn more about our regional friends. My
name is Bob Janney, and my number is 202-260-1584.
Thanks.
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-------
U.S. Environmental Protection Agency
Administrative
Law Judges
Civil Rights
Small &
Disadvantaged
Business Utilization
Science
Advisory Board
Cooperative Environmental
Management
Executive Support
Office
Executive Secretariat
ADMINISTRATOR
HiplJTYADMINisfRATOR
Assistant Administrator
for Administration and
Resources Management
Assistant Administrator
for
Enforcement
Assistant Administrator
for
International Activities
Inspector General
Assistant Administrator
for Air and Radiation
Assistant Administrator
for Prevention. Pesticides
and
Toxic Substances
Associate Administrator for.
Regional Operations &
State/Local Relations
Associate Administrator for
Communications &
Public Affairs
Associate Administrator for
Congressional &
Legislative Affairs
General Counsel
Assistant Administrator
for Policy. Planning and
Evaluation
Assistant Administrator
for Research and
Development
Assistant Administrator
for
Water
Assistant Administrator
for Solid Waste and
Emergency Response
1
Region 1
Boston
I
Region II
New York
r~
Region VII
Kansas City
I
Region III
Philadelphia
1
Region VIII
Denver
I
Region IV
Atlanta ^
l
Region IX
San Francisco
i
Region V
Chicago
"~I
Region X
Seattle
i
Region VI
Dallas
FIGURE 1
1-14
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OFFICE OF PREVENTION, PESTICIDES
TOXIC SUBSTANCES
OFFICE OF PESTICIDE PROGRAMS
DOUGLAS D. CANPT
Director
(703) 305-7090
SUSAN N. UAYLAND
Deputy Director
(703) 305-7090
BIOLOGICAL t ECONOMIC
ANALYSIS DIVISION
ALLEN L. JENNINGS
Director
(703) 308-8200
PROGRAM MANAGEMENT t
SUPPORT DIVISION
ALLAN S. ABRAMSON
Director
(703) 305-5440
ENVIRONMENTAL FATE t
EFFECTS DIVISION
L. BARTON
Director
(703) 305-7695
REGISTRATION DIVISION
ANNE E. LINDSAY
Director
(703) 305-5447
POLICY t SPECIAL PROJECTS
STAFF
WILLIAM JORDAN
Chief
(703) 305-7102
FIELD OPERATIONS
DIVISION
STEPHEN L. JOHNSON
Director
(703) 305-7410
SPECIAL REVIEW t
REREGISTRAT1ON DIVISION
DANIEL M. BAROLO
Director
(703) 308-8000
HEALTH EFFECTS DIVISION
PENELOPE FENNER-CRISP
Director
(703) 305-7351
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OFFICE OF PESTICIDE PROGRAMS
FUNCTIONAL STATEMENT
The Office of Pesticide Programs is responsible to the Assistant Administrator, Office
of Pesticide and Toxic Substances, for leadership of the overall pesticide activities of
the Agency under the authority of the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA) and several provisions of the Federal Food, Drug and Cosmetic Act
(FFDCA), including the development of strategic plans for the control of the national
environmental pesticide situation. Such plans are implemented by the Office of
Pesticide Programs, other EPA components, other Federal Agencies, or by State, local,
and private sectors. The Office is also responsible for establishment of tolerance levels
for pesticide residues which occur in or on food; registration and ^registration of
pesticides; special review of pesticides suspected of posing unreasonable risks to
human health or the environment; monitoring of pesticide residue levels in food,
humans, and nontarget fish and wildlife; preparation of pesticidp regisration guidelines;
development of standards for the registration and ^registration of pesticide products;
provision of program policy direction to technical and manpower training activities In
the pesticide areas; development of research needs and monitoring requirements for
the pesticide program and related areas; review of impact statements dealing with
pesticides, and carrying out of assigned international activities.
DIRECTOR DOUGLAS CAMPT
DEPUTY DIRECTOR SUSAN WAYLAND
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OFFICE OF POLLUTION PREVENTION AND TOXICS
The Office of Pollution Prevention and Toxics (OPPT) is
responsible to .the Assistant Administrator of the Office of
Prevention, Pesticides and Toxic Substances (OPPTS) for
implementation of those activities of the Agency, as mandated by:
o The Toxic Substances Control Act (TSCA);
o The Asbestos School Hazard Abatement Act of 1984 (ASHAA);
o The Asbestos Hazard Emergency Response Act of 1986 (AHERA);
o Section 104(i) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1986 (CERCLA);
o Sections 313, 322, and other sections of the Emergency
Planning and Community Right-To-Know Act of 1986 (EPCRA);
and
o The Pollution Prevention Act of 1990 (PPA).
The Director of OPPT is responsible for developing,
implementing, and operating Agency programs and policies for:
o new and existing chemicals;
o Design for the Environment program activities;
o acquisition analysis and dissemination of the Toxic Release
Inventory;
o the Pollution Prevention Act; and
o providing support to the TSCA Interagency Testing Committee.
In each of these areas, the Director is responsible for
collecting and coordinating information; developing data;
providing technical support for assessing health, the environment
and the economy; and negotiating and regulating control actions.
The Director works cooperatively with the Administrator's
Pollution Prevention Policy Staff, which is responsible for
coordinating, guiding, and mediating prevention activities
throughout,EPA.
The Director provides operational guidance to EPA regional
offices, reviews and evaluates pollution prevention and toxic
substances activities at EPA Headquarters and regional offices,
coordinates TSCA activities and provides information to
exporters. The Director is also responsible for coordinating
communication with EPA'/^regions, industrial community, congress,
environmental groups ana other interested parties on matters
relating to the implementation of the statutes named above;
providing technical support to international activities managed
by the Office of International Activities; and collaborating with
EPA's Office of Research and Development in defining and
reviewing Agency research related to characterizing the health
and environmental effects of chemicals and microorganisms.
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OFFICE OF POLLUTION PREVENTION & TOXICS
NAIL CODE: TS-792
NAj£ TELEPHONE
Greenwood, Mark A.', Director 260-3810 E539
Elliot, Rosalie D. (Roz), Secretary — 260-3810 E539
Carra, Joseph S., Deputy Director 260-1815 E537
Ward, Roberta A. (Bobbie), Secretary 260-1815 E537
Bates, Libby, AARP 260-1814 E539
Beal, Diane D. 260-1822 E537
Dain, Mary (Joyce), 260-2326 E539
Evans, Cassaundra 260-1813 E539
Hanson, Bill 260-3469 E539
McKeil, Mary . , 260-3584 E539
Smith, Aurelia, AARP 260-1811 E537
Stahl, Sharon E. 260-2718 E539
Interagencv Testing Committee
Walker, John D. 260-1820 E541
Williams, Nonna S. L. 260-1825 E541
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POLLUTION PREVENTION AND TOXICS
MARK GREENWOOD
Director
JOSEPH CARRA
\ Deputy Director 1
Quality Assurance
Joseph Glatz
Office of
Program Management
and Evaluation .
Joseph F. Powers, Jr. ,
TSCA CBI Security
James Combs
Planning and Evaluation
Staff
Ralph Privee
Management Staff
Jan Peck
Human Resources Team
Kathleen Bailey
11/93
-------
310
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OFFICE OF PROGRAM MANAGEMENT AND EVALUATION
The Office of Program Management and Evaluation (OPME)
serves as the principal staff office to the Office Director for
Pollution Prevention and Toxics (OPPT) on matters relating to
budgeting, program planning, resource management, administrative
operations, and program evaluation. OPME is responsible for:
(1) recommending and implementing administrative policies and
procedures;
(2) preparing OPPT's official budget planning instructions,
consolidations and submissions to the Agency, OMB and
congress;
(3) coordinating the development of all planning documents for
OPPT;
(4) monitoring and auditing all OPPT resources;
(5) evaluating program performance and recommending corrective
action(s);
(6) designing and implementing administrative management
information systems;
(7) conducting performance agreement reviews;
(8) providing financial and analytical support;
(9) providing administrative, personnel management, and
financial management services;
(10) coordinating planning activities necessary to develop
recommendations on OPPT programs, including the
identification of alternative program goals, priorities,
objectives and plans;
(11) ensuring that OPPT's programs conform to the requirements of
.the Federal Paperwork Reduction Act;
(12) recommending and, as directed, conducting reviews and
evaluations of OPPT^programs to determine effectiveness,
efficiency and ability to attain goals and objectives,
including the development of appropriate criteria to measure
program performance and environmental results;
(13) providing input to the Agency's Management Accountability
and Reporting System;
(14) developing and implementing OPPT-wide systems or processes
necessary to provide program evaluation;
-------
(15) coordinating OPPT input to the major Agency tracking systems
including Strategic Tracking for Activities with Results
System (STARS), Action Tracking System (ATS), and the
Regulatory Agenda;
(16) ensuring that OPPT's programs conform to the requirements of
the Federal Manager's Financial Integrity Act (FMFIA);
(17) coordinating development of, or modifications to delegations
of authority affecting OPPT, and maintaining an up-to-date
compilation of such delegations;
(18) providing support for OPPT-wide human resources including
staff training and career development, internal
communications and Total Quality Management (TQM)
implementation; ;
(19) providing oversight of TSCA security and determining that
contractor/regional sites are physically secure through
annual site inspection;
(20) providing guidance to OPPT and other authorized parties as
to what security measures are required for handling TSCA
CBI;
(21) implementing the EPA conflict of interest program; and
(22) carrying out the OPPT quality assurance program.
-------
PLANNING AMD EVALUATION STAFF
The Planning and Evaluation Staff is responsible for:
(1) preparing OPPT's official budget planning instructions,
consolidating and processing OPPT's final budget submissions
for submission to the Agency,-OMB and the Congress;
(2) providing analytical, technical, administrative and
implementation support for OPPT's short and long term
strategic planning priorities;
(3) coordinating the development of all planning documents for
OPPT;
(4) providing financial, and analytical support for all OPPT
functions;
(5) coordinating planning activities necessary to develop
recommendations on OPPT programs, including the
identification of alternative program goals, priorities,
objectives and plans;
(6) providing input to the Agency's Management Accountability
and Reporting System;
(7) coordinating OPPT input to the major Agency tracking systems
including Strategic Tracking for Activities with Results
System (STARS), Action Tracking System (ATS), and the
Regulatory Agenda;
(8) ensuring that OPPT's programs conform to the requirements of
the Federal Manager's Financial Integrity Act (FMFIA);
(9) developing and implementing OPPT-wide systems or processes
necessary to provide program evaluation;
(10) evaluating program performance and recommending corrective
action(s); .
(11) recommending and, as directed, conducting reviews and
evaluations of OPPT programs to determine effectiveness,
efficiency and ability to attain goals and objectives,
including the development of appropriate criteria to measure
program performance and environmental results;
(12) ensuring that OPPT's programs conform to the requirements of
the Federal Paperwork Reduction Act, including preparation
of new and renewal Information Collection Requests (ICRs)
and the annual Information Collection Budget; and
(13) coordinating development of modifications to delegations of
authority affecting OPPT, and maintaining an up-to-date
compilation of such delegations.
-------
MANAGEMENT STAFF
The Management Staff is responsible for:
(1) recommending and implementing administrative policies and
procedures'OPPT wide;
(2) designing and implementing administrative management
information systems;
(3) conducting performance agreement reviews;
(4) monitoring and auditing all OPPT resources;
(5) providing the immediate office OPPT with all administrative,
personnel management, and financial management services;
(6) preparing and executing financial management (intramural and
extramural) support activities for all OPPT; and
(7) providing contractual and administrative support services
for all of OPPT-wide activities for services and supplies.
-------
HUMAN RESOURCES TEAM
The Human Resources Team is responsible for providing:
(1) support to .OPPT as a supplement to the Agency's Office of
Human Resource Management (OHRM) for OPPT-wide human
resources including staff training and career development;
(2) internal OPPT communications; and
(3) - OPPT Total Quality Management (TQM) implementation.
TSCA SECURITY STAFF
The TSCA Security Staff is responsible for:
(1) providing oversight of TSCA security and determining that
contractor/ regional sites are physically secure through
annual site inspection;
(2) providing guidance to OPPT and other authorized parties as
to what security measures are required for handling TSCA
CBI ;
(3) implementing the EPA conflict of interest program; and
(4) carrying out the OPPT quality assurance program.
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OFFICE OF PROGRAM MANAGEMENT & EVALUATION
MAIL CODE: TS-792A
FAX NUMBER: 260-1764
IMMEDIATE OFFICE
Powers, Joseph F., Jr., Director
Jeffries, JoAnn, Secretary
Glatz, Joseph A.
Combs, James A., Jr.
MANAGEMENT STAFF
Peck, Janet A., Chief
Carter, Mildred, AARP
Watson, Trudie C.
Bynum, Candace E.
Corsey, Minerva L.
DePaulis, Jean Y.
Giovinazzo, Donna M.
Vieira, Pamela J.
Williams, Kia M.
Wood, Fred 0., AARP
TELEPHONE
260-1761
260-1761
260-3390
260-6475
E525
E525
NEG012
Elll
260-1761
260-1761
260-1761
260-1778
260-4350
260-1839
260-3783
260-1838
260-3843
260-3975
E529B
E529
E529
E529A
E525B
E531C
E531C
E529C
E529A
E529C
PLANNING AND EVALUATION STAFF
Houston, Mary, AARP
Carlson, Ronald D.
Brooks, Gail V.
GalUner, Susan M.
Hoover, Michelle
Thomson, Willia*
260-1765
260-1765
260-4352
260-4144
260-8999
260-0115
260-1845
E519A
E519
E519B
E523B
E523B
E523C
E523C
HUMAN RESOURCES TEAM
Bailey, Kathleen, Chief
Watson, Trudie
Anderson, Vicki
Grim, Patricia M.
TMillman, Brian
260-3413
260-1761
260-1763
260-1842
260-7187
£501
E529
E525A
E529C
E525A
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CHEMICAL
DIVISION
I
New Chemical Branch
Paul Campanella
Section I
Rose Allison
Charles Auer
Director
Denise Keehner
Deputy Director
Section IV
Mary Cuchmac
Section V
Stuart Mcarthur
Section II
David Giamporcaro
Section III
Vacant
Existing Chemicals
Branch
Robert McNally
\
Section I
Daniel Helfcott
Section II
John Bowser
1
Chemical Testing
and Information .
Branch
. Frank Kover /
Chemical Information
Reporting Section
Barbara Ostrow
Chemical Testing
Section
Christophert Blunck (Act)
9/93
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37*
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CHEMICAL CONTROL DIVISION
The Chemical Control Division (CCD) provides program
management and rule development support for the Toxic Substances
Control Act (TSCA) new chemicals program, the chemical testing
program, information reporting and recordkeeping rules; and for
chemical(s) categories of the existing chemicals program not
designated for management by the Chemical Management Division
(CMD) or another OPPT Division. The Division is responsible for:
(1) developing and implementing appropriate regulatory and non-
regulatory control measures for new and existing chemicals
under the authorities of TSCA sections 4, 5, 6, 7, 8, 9, and
13;
(2) developing generic and chemical-specific orders and notices
pursuant to TSCA sections 5(a), 5(e), 5(f), and 6(b) for new
chemicals and under TSCA sections 4, 5(a), 6, 7> 8, 9, and
13 for existing chemicals;
(3) holding public hearings on such rules as required;
(4) managing any necessary post-promulgating programs such as
review of exemption applications;
(5) overseeing and managing the risk management-1 (RM1) and risk
management-2 (RM2) phases of the existing chemicals program-
-including developing project work plans, schedules,
outputs, and budgets;
(6) coordinating RM1 assessment activities with the support of
the Chemical Screening and Risk Assessment Division (CSRAD),
(and other OPPT divisions), and chairing RM1 meetings;
(7) overseeing and managing RM2 assessments (scoping and
decision reports), guidance meetings, and decision meetings;
(8) developing and publishing referrals of chemical problems to
other Federal agencies, when appropriate, under section 9(a)
. or 9(d) of TSCA and coordinating, with the support of CSRAD,
the preparation of chemical advisories;
(9) overseeing and managing the new chemical regulatory
evaluation and decfsion-making process under section 5 of
TSCA;
(10) selecting appropriate control measures; (FOR WHAT)
(11) implementing necessary control actions (in the form of
either negotiated binding agreements or promulgated orders
or rules);
(12) overseeing and managing the regulatory evaluation and
-------
decision-making process for existing chemicals under TSCA
sections 5(a), 6, 7, and 9;
(13) evaluating alternative remedial control measures available
under TSCA.and other authorities administered by EPA and
other Federal agencies;
(14) identifying options and making recommendations regarding
appropriate regulatory controls;
(15) drafting and publishing proposed and final rules under TSCA
implementing the adopted approaches;
(16) initiating and carrying out actions to follow-up, and, if .
necessary, further control, particularly hazardous new
chemicals entering commercial production;
(17) overseeing and managing the chemical testing program under
TSCA section 4;
(18) developing and implementing information gathering rules
under TSCA section 8 and import certifications under section
13;
(19) managing development and implementation of the Master
Testing List (MTL) for the selection of specific chemicals,
or categories of chemicals, for testing under TSCA section
4;
(20) negotiating industry testing without rulemaking;
(21) developing testing actions (rules, consent orders, or
voluntary agreements) on high priority chemicals from the
MTL and responses to the TSCA Interagency Testing Committee
(ITC);
(22) evaluating modifications to, and exemptions from testing;
and
(23) developing and cooperating with other Federal agencies in
the development of rules and guidelines under TSCA section
13.
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EXISTING CHEMICALS BRANCH
The Existing Chemicals Branch (ECB) is responsible for:
(1) overseeing and managing the RM1 and RM2 phases of the
Existing Cn'emicals Program, including developing project
work plans, schedules, outputs and budgets; coordinating
RM1/2 assessment activities with the support of CSRAD;
(2) coordinating scheduling of RM1 meetings;
(3) documenting and tracking decisions made under the existing
chemical process;
(4) coordinating with CSRAD to assess section 4 test data
through the Existing Chemical Program (RMl/2) and managing
disposition and follow up activities of section 4 cases with
complete data sets;
(5) organizing and coordinating RM2 assessments (scoping and
decision reports);
(6) Guidance Meetings and Decision Meetings;
(7) managing assigned post-RM2 activities of the Existing
Chemicals Program, including developing non-regulatory risk
management approaches and, where appropriate, conducting
regulatory investigations and implementing regulatory
approaches under sections 5, 6, 7, and 9, of TSCA,
including:
a) developing existing chemical controls under section 5
or 6 of TSCA;
b) developing control actions to prohibit or limit the
manufacturing, processing or distribution of specific
chemical substances, or controlling the manner or
method of their use or disposal;
.»
c) writing proposed and final rules, complete with support
documentation;
d) managing any necessary post-promulgation programs such
as review of exemption applications;
e) responding to section 21 of TSCA citizen petitions
requesting regulatory action, including holding public
hearings;
f) initiating control actions and preparing development
plans for chemical regulatory control programs; and
g) coordinating rulemaking technical support work provided
by other divisions of OPPT.
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The Branch consists of two Sections, Section 1 and Section
2. Both sections perform the functions which follow with the
exception that Section 1 focuses on oversight and management of
RM1 and RM2 activities/ while Section 2 focuses on oversight and
management of pgst-RM2 activities of the Existing Chemicals
Program.
The Sections are responsible for overseeing and managing
regulatory and non-regulatory efforts, to reduce or eliminate
risks of injury to health and the environment from existing
chemicals. This involves:
1) overseeing and managing the RM1 and RM2 phases of the
Existing Chemicals Program, including developing
project work plans, schedules, outputs, and budgets;
2) coordinating RMl assessment activities with the support
of CSRAD (and other. OPPT divisions);
3) overseeing and managing RM2 assessments (scoping and
decision reports), Guidance Meetings, and Decision
Meetings.
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NEW CHEMICALS BRANCH
The New Chemicals Branch (NCB) is responsible for:
(1) overseeingtand managing evaluation and disposition of
section 5 of TSCA Pre-manufacture Notices (PMNs) and Test
Market Exemption Applications (TMEAs) for chemicals and
micro-organisms within the timeframe indicated by section 5
of TSCA;
(2) developing new chemical and micro-organism follow-up actions
under section 5 of TSCA;
(3) coordinating multi-office and inter-agency regulatory
activities in chemicals identified for possible regulation
under several authorities, EPA offices or other Federal
agencies;
(4) developing and managing rules and policies under TSCA
governing the environmental release of biotechnology
products and other programs as appropriate;
\
(5) assisting other EPA offices, including the Agency's Office
of Enforcement and Compliance Monitoring, in the
interpretation and implementation of final rules (technical
support to the branch is provided by OPPT's Health and
Environmental Review Division, the Economics, Exposure and
Technology Division as required);
(6) preparing Federal Register notices to extend the
notification period for selected chemicals and micro-
organisms under section 5(c) of TSCA;
(7) providing justification for the extension, and communicating
formally and informally with PMN submitters as necessary to
acquire additional information, or for clarification of
notice data (based on preliminary assessment of exposure
and/or risk concerns, requesting technical assessments from
support divisions as appropriate, integrating these
assessments and recommending appropriate control measures
for potential unreasonable risk cases);
(8) coordinating these recommendations with the above mentioned
divisions; g
(9) developing and publishing orders and regulations, supporting
documentation and other appropriate materials based upon
adopted approaches in proposed and final rulemaking
packages;
(10) initiating order or injunction actions under sections 5(e)
or 5(f) of TSCA, and arranging for hearings as necessary in
coordination with the Agency's Office of General Counsel;
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(11) .drafting and promulgating section 5 of TSCA Significant New
Use Rules (SNURs) extending the provisions of section 5(e)
of TSCA orders to all subsequent producers of the previously
new chemical or micro-organism;
•
(12) identifying and evaluating chemical and biotechnology issues
of regulatory and non-regulatory options for meeting the
statutory requirements of section 5 of TSCA, negotiating
such controls, and, alternatively, developing major
procedural rules and policies to apply to these
requirements; and
(13) maintaining liaison with the Agency's Office of Enforcement
and Compliance Monitoring to ensure effective compliance
monitoring.
The Branch consists of five Sections: Sections 1, 2, 3, 4,.
and 5. .
Sections l and 2 are responsible for:
(1) identifying and analyzing regulatory and non-regulatory
options to meet statutory requirements of section 5 of TSCA;
(2) integrating risk assessment findings, engineering risk
reduction and benefit analyses in order to prepare PMN
option analyses, decision papers and rules;
(3) recommending disposition of chemicals reviewed under section
5 of TSCA prior to their production in commerce;
(4) preparing Federal Register notices under sections 5(c) or
5(f) of TSCA;
(5) reviewing and revising PMN review process; and
(6) maintaining liaison with OECM.
Section 3 i» responsible for:
(1) administration, policy and legal staff;
(2) tracking and scheduling review of section 5 TSCA notices;
(3) maintaining records of notices in the review process; and
(4) initiating and reviewing new chemicals process issues and
improvements.
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Section 4 is responsible for:
(1) preparing new chemical follow-up policy and procedures;
(2) preparing .regulations to implement section 5 of TSCA new
chemical follow-up;
(3) developing risk management strategies for new chemicals;
(4) development plans for chemical regulatory programs; and
(5) holding public hearings.
Section 5 is responsible for:
(1) developing and managing rules and policies under TSCA
governing the environmental release of biotechnology
products and other programs as appropriate,, and
(2) overseeing and managing the evaluation and disposition of
Premanufacture Notices (PMNs) and other related applications
that are received under the authority of section 5 of TSCA
relating to biotechnology products.
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CHEMICAL TESTING AND INFORMATION BRANCH
The Chemical Testing and Information Branch (CTIB) is
responsible for:
• ,
(1) developing criteria and procedures for evaluating whether
chemicals or categories of chemicals should be subject to
testing under section 4 of TSCA and providing general
oversight and program management for U.S. efforts on the
OECD's SIDs Program;
(2) managing the Master Testing List to establish priorities for
chemicals/categories testing and developing rules under TSCA
section 4 or negotiating testing programs via consent orders
with the affected industry members;
(3) coordinating with the assistance of CSRAD, reviews via the
OPPT Existing Chemicals RM Process of chemical substances,
mixtures, and categories of chemicals recommended for
consideration by the Interagency Testing Committee (ITC) or
identified by other OPPT activities;
(4) coordinates, with the support of CSRAD and other OPPT
divisions preparation of testing actions;
(5) coordinates with EETD, HERD, and CMD assessments on the
availability of adequate testing facilities and personnel to
perform testing that may be required under section 4 of TSCA
and holds public hearings on such rules after proposal;
(6) preparing Agency responses on substances designated for
priority consideration by the TSCA Interagency Testing
Committee;
(7) developing rules and procedures for granting exemptions from
testing under section 4 of TSCA;
(8) reviewing and recommending responses to requests for such
exemptions;
(9) managing, with the support of CSRAD, HERD, EETD, and CMD,
OPPT efforts to inspect and audit testing being conducted
pursuant to section ,4 of TSCA and recommends and coordinates
such efforts with tjXe Office of Compliance Monitoring;
(10) managing review of test data received under section 4 to
ensure adherence to test requirements;
(11) developing and promulgating significant new use rules,
record-keeping and reporting rules and guidelines for
existing chemicals under TSCA with support from the CSRAD,
HERD, CMD, and the EETD;
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(12) evaluating and implementing non-regulatory alternatives for
obtaining existing data for the chemical industry where
appropriate; and
(13) developing, and implementing chemical import policy and
regulations under section 13 of TSCA.
The Branch has two Sections: Chemical Testing Section and
Chemical Information Reporting Section.
The Chemical Testing Section (CTS) is responsible for review
of chemical substances, mixtures, and categories of chemicals
recommended for testing consideration by the TSCA ITC and the
OPPT Existing Chemical Program. The Section negotiates testing
programs in lieu of rules, where appropriate; prepares Agency
responses on substances designed for priority consideration by
TSCA ITC including section 4 of TSCA rules; develops rules and
procedures for granting exemptions from testing under section
4(c) of TSCA; and analyzes policies and procedures for
implementing section 4 of TSCA; manages the MTL; manages and
coordinates compliance efforts under section 4 with OPPTS/OCM.
The Chemical Information Reporting section (CIRS) is
responsible for developing and promulgating significant new use,
recordkeeping, and reporting rules and guidelines for existing
chemicals under sections 5(a) and 8 of TSCA, and for evaluating
and implementing non-regulatory alternatives for obtaining such
data from the chemical industry. The Section serves as the focal
point in OPPT and functioning as a liaison with OPPTS/OCM for
sections 8 and 13 of TSCA.
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CHEMICAL CONTROL DIVISION
MAIL CODE: TS-794
IMMEDIATE OFFICE '
Auer, Charles M., Director
Keehner, Denise, Deputy Director
Clark, Sharon D., Secretary
Brooks, Edward M.
Cocimano, Ruth L.
Evans, Ronald
Swofford, Allison
Timm, Gary Everett
Yokley, Annie, AARP
TELEPHONE
260-3749
260-3749
260-3749
260-3945
260-1860
260-3856
260-3749
260-3945
260-3749
E513
E513B
E513
E515A
E513
E501A
E513
E515C
E513
EXISTING CHEMICALS BRANCH
McNally, Robert C., Chief
Secretary
Semeniuk, George M.
SECTION I
Helfgott, Dan, Acting Chief
Dominiak, Mary F.
Fox, Mary J.
Grandson, Carolyn
Hausoul, John
Leitzke, John S.
SECTION II
Bowser, John J., Chief .
Blaschka, Andrea M.
Cooper, Gail
Schutz, David E.
Stalter, Laura
Sutula, Martha A.
260-3945
260-3945
260-2134
260-2291
260-7768
260-7298
260-1560
260-1855
260-3507
260-1771
260-8156
260-1855
On Detail
260-0028
260-1853
E517
E517
E515D
E510
E515B
E515B
E401
E515B
E447K
E515C
NE103
E500
E500
E515B
NEM CHEMICALS BRANCH *
Campanella, Paul J., Chief
Mudd, Bernice B., Secretary
Coutlakis, Anna C.
Freifeld, Milton, AARP
260-3725
260-3725
260-3592
260-7275
E611D
E611
E501B
E500
388
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SECTION I
Allison, Rose Ann, Chief
Binder, Audrey 6.
Keitt, Laurie A. .
Moss, Kenneth T. "'
PTeasants, Edna
Wright, Robert, III
SECTION II
Giamporcaro, David E., Chief
Clark, Eleanor F.
Howard, Shirleen D.
SECTION III
Matthai, Paul D., Chief
Kearney, Renee, Secretary
DIP lore, David Marion
Howard, Mark T.
Jones, Darlene M.
Keigwin, Richard P.
Lee, William B.
Pollard, Karen K.
SECTION IV
Cushmac, Mary E., Chief
Eckerson, Harold D., Jr.
Hetfield, Carol L.
Quick, Melvin M.
Seidenstein, Roy S.
Siegelbaum, Heidi A.
Wiggins-Lewis, Miriam 6.
SECTION V
McArthur, Stuart C., Jr., Chief
Alwood, Raymond J.
Boyd, Joe B.
.Cole, Alan S.
260-3391
260-3380
260-1849
260-3395
260-6111
260-7800
260-6362
260-3402
260-3780
On Detail
260-3375
260-3374
260-4143
260-2279
260-2440
260-1769
260-8993
260-4443
260-1591
260-1745
260-3379
260-2252
260-8262
260-3937
260-8994
260-1857
260-2278
260-1861
to PPD
E613D
E613B
E613
E611
E611
E6I1A
E505
E503E
E613C
E611
E513
E608
E613
E613A
E609B
E609A
E611B
E609C
E611E
E609A
E611B
E613B
E613
E611E
E515B
E611C
CHEMICAL TESTING AND INFORwflON
Kover, Frank 0., Chief
Edwards, Eula M. Secretary
Davis, Gloria Jean
Perry, Elizabeth, AARP
Carter, Edna, AARP
Williams, David R.
BRANCH
260-8130
260-8130
260-3438
260-8139
260-3436
260-3468
NE100
NE100
E447
NE100
NE100
NE100
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CHEMICAL INFORMATION REPORTING SECTION
BTunck, Christopher R., Chief
Boswell, Karen Jeanne
Calvo, Kathleen M..
Hewlett, Mary Louise
Kuchkuda, Joan M.
Nelson, Roger A.
Roan, Stephanie G.
CHEMICAL TESTING SECTION
Ostrow, Barbara B., Chief
Benenati, Francis E.
Christensen, Carol
Cronin, Keith J.
Harris, John R.
Jones, Robert W.
Northrop, Ralph C., Jr.
Roman, Catherine A.
Schaeffer, John E., Jr.
260-1636
260-1635
260-6229
260-8126
260-3467
260-8126
260-1105
260-1540
On Detail
260-8129
260-8157
260-8154
260-8150
260-5023
260-8155
260-8152
E413
E4I3
NEG008
NE100
E411A
NE100
NE100
NE118
NE100
NE100
NE100
NE100
NE100C
NE100
NE100
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CHEMICAL MANAGEMENT DIVISION
John Melone
Director
Lin Moos
Deputy Director
. Field Program
Branch
Regina Bushong
I
Section I
Esther Tepper
Section II
Diane Sheridan
Operations
Branch
Henry Baney
Section I
Margaret Reynolds
Section II
John Smith
Program Development
Branch
. Doreen Cantor .
Section I
Brion Cook
Technical Programs
Branch
Cynthia Stroup
Section. II
Michael Mattheisen
Section I
Philip Robinson
Section II
Janet Remmers
9/93
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CHEMICAL MANAGEMENT DIVISION
The Chemical Management Division (CMD) is responsible for
the development .and management of multi-media regulatory and non-
regulatory control programs, and other private or public sector
initiatives to reduce and manage risks from designated National
Program Chemicals (NPCs) or other priority risk management
chemicals within the Office of Pollution Prevention and Toxics
(OPPT). .
CMD is responsible for developing national strategies,
regulations, non-regulatory initiatives and operating programs to
reduce and manage risks from NPCs and other priority risk
management chemicals. CMD carries out these responsibilities in
coordination and communication with international organizations,
other Federal Agencies, EPA Program Offices, and Regional
Offices, States, localities, environmental groups, industry
associations, interest groups, and the general public. CMD uses
the authorities granted under TSCA sections 5, 6, 7, 9 and 11,
specifically, and other parts of TSCA for other OPPT administered
statutes, as appropriate and necessary to carry out its
responsibilities.
CMD will also carry out post promulgation activities
concerning permits, exemptions, or similar activities necessary
to implement regulations governing its assigned chemicals
including section 21 or other citizen petitions.
CMD also designs, develops and implements technical programs
as necessary to support management of NPCs and other priority
chemicals, by providing special expertise and office-level
program technical leadership in the professional skill areas of
statistical analysis, modeling, survey design, monitoring
programs technical design, operations research, chemical
measurement, and analytical methods. CMD technical programs are
developed and managed.in support of CMD-assigned chemicals, and
other OPPT projects where CMD skills are essential. CMD
technical program resources are also used to provide analytical
support to other EPA Programs, and the EPA Regional Offices.
Specifically, CMD:
(1) under ASHAA and AHE£A authorities, develops and manages
comprehensive Federal grants, outreach, liaison, technical.
assistance and other programs, to enhance development and
implementation of State and local response actions to reduce
asbestos health risks in schools and public/commercial
buildings;
(2) uses TSCA section 5, 6, or 7 authorities, or other enabling
statutes, as appropriate, to establish programs to reduce
asbestos risks in schools or public/commercial buildings, or
in commercial products;
-------
(3) develops and manages the Agency-wide lead program, including
the use of regulatory controls, non-regulatory control
measures, and other private or public sector initiatives
such as rulemaking, negotiation and voluntary agreements,
outreach, liaison, public education, and technical
assistance'programs to reduce risks of lead exposure; these
responsibilities include fostering Regional, State and local
networks and training programs;
(4) manages and implements section 6(e) of TSCA and regulations
promulgated thereunder that address the manufacture,
processing, distribution in commerce, use, marketing and
disposal of polychlorinated biphenyls (PCBs); processes
applications for exemptions from the requirements of section
6(e)(3)(A) of TSCA; develops and manages outreach, public
education, liaison, and technical assistance programs to
assist in reducing risks of PCBs, in coordination with
Regional, state and local authorities; ' .
(5) provides statistical and quantitative analysis expertise to
OPPT, other EPA programs, and other Federal Agencies in
support of risk management decision-making for NPCs and
other designated chemicals of concern; provides similar
technical support to EPA Regions, States and localities in
evaluating site-specific risks associated with emergencies,
disposals and other clean-up activities involving NPCs or
other chemicals of concern; and
(6) develops and administers rules, voluntary agreements,
program strategies and other public or private sector
initiatives to reduce and manage risks from designated NPCs
and other program priority chemicals such as mineral and
organic fibers, metals, halogenated organics, or other
substances appropriate to CMS management.
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PROGRAM DEVELOPMENT BRANCH
The Program Development Branch (PDB) is responsible for
development and management of control programs and strategies to
reduce risks from assigned National Program Chemicals and
assigned chemicals of concern. PDB develops rules and non-
regulatory risk reduction strategies to control risks from lead,
asbestos, and other designated chemicals or chemical categories
of concern. PDB develops and manages such programs and
regulations in coordination with other Federal agencies, the
international community, other EPA programs, and EPA Regions.
The Branch will consist of two Sections, entitled Section 1
and Section 2, which carry out the full range of Branch
responsibilities.
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TECHNICAL PROGRAMS BRANCH
The Technical Programs Branch (TPB) develops and implements
technical programs, including analytical support, data collection
and analysis, development of analytical methods, and survey and
sampling design,' in support of NPCs, other chemicals and chemical
categories of concern assigned to the Division. TPB provides
similar support to other OPPT chemical management initiatives,
other EPA programs, and EPA Regions which require such special
technical expertise. Using both extramural or intramural
resources, TPB may issue guidance, develop technical standards,
design and execute field monitoring or other data collection
activities, perform statistical analyses, develop mathematical
models, or provide similar support.
The Branch will consist of two Sections, entitled Section 1
and Section 2 which carry out the full range of Branch
responsibilities.
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FIELD PROGRAMS BRANCH
The Field Programs Branch (FPB) is responsible for
development and management of Federal grants, outreach, public
education, worker training and accreditation, and other
assistance programs as necessary to enhance development and
implementation of State and local programs to reduce asbestos
risks in schools and public/commercial buildings, and to reduce
general populations' risks from exposure to lead. The Branch
develops model .state training programs, and issues guidelines or
develops rules as needed to implement ASHAA, AHERA, TSCA or other
enabling statutes.
The Branch will consist of two Sections: Section 1 and
Section 2. Both Sections will be involved in the full range of
ASHAA and AHERA related activities.
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OPERATIONS BRANCH
The Operations Branch (OB) is responsible for:
(1) implementing section 6(3)(l) of TSCA and regulations
promulgated thereunder that prescribe methods for the
marking and disposal of polychlorinated biphenyls (PCBs)
(disposal regulations). Activities include providing
interpretative guidance of these regulations to the Regions,
Headquarters personnel charged with enforcing the disposal
regulations, the regulated community;
(2) reviewing applications and issuing permits for alternative
disposal methods that may have applications in more than one
EPA Region and providing expert advice concerning the
disposal and destruction of PCBs;
(3) initiating changes in the disposal regulations; as required,
through notice and comment rulemaking as well as address,
for the benefit of the Assistant Administrator for the
Office of Prevention, Pesticides and Toxic Substances, any
policy issues that arise concerning application of the
disposal regulations;
(4) implementing sections 6(e)(2) and 6(e)(3) of TSCA and all
regulations promulgated thereunder. (This activity includes
implementing existing regulations addressing the
manufacture, processing, distribution in commerce, and use
of PCBs, as well as proposing and promulgating, through
notice and comment rulemaking, new regulations in this
area.);
(5) responding to all inquiries from, and providing
interpretative guidance to the Regions, Headquarters
enforcement personnel, the regulated community and the
general public, concerning these regulations;
(6) addressing, through notice and comment rulemaking, any
continuing use authorization of PCBs that are deemed
appropriate, as well as processing all applications for
exemptions from the time requirements of section 6(e)(3)(A)
of TSCA;
(7) responding to any Action 21 TSCA petitions addressing PCBs;
(8) developing voluntary agreements; and
(9) technical oversight of the Texas Eastern Consent Decree.
The Branch will consist of two Sections: Section 1 and
Section 2.. Both Sections will be involved in methods for marking
and disposal of PCBs.
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CHEMICAL MANAGEMENT DIVISION
MAIL CODE: (TS-798)
TELEPHONE
IMMEDIATE OFFICE
Melone, John W., Director
Moos* Linda Vlier, Deputy Director
Miller, Patricia, Secretary
Wells, William A.
Cross, Patricia D.
McNeal, Diane R.
260-1866
260-1866
260-1866
260-3905
260-3908
260-1565
E315B
E315A
E315
E315D
E315C
E315B
TECHNICAL PROGRAMS BRANCH
Stroup, Cindy R., Chief
Hamlin, Crystal G.
Schultz, Bradley D.
Schwemberger, John, Jr.
Wooten, Sineta
SECTION I
Remmers, Janet C., Chief
Cash, Gordon G.
Dutrow, Elizabeth A.
Lim, Benjamin S.
Scalera, John V.
Snapley, Sarah S.
Watford, Darlene
SECTION II
Robinson, Philip E., Chief
Brown, Samuel F.
Chen, Manie
Conomos, Margaret G.
Dillman, Susannah H.
Dinh, Khoan T.
Grindstaff, Gary F.
Hacker, Jill
Leczynski, Barbara
Reinhart, Daniel M.
Schultz, Bradley D.
260-3889
260-8480
260-3896
260-7195
260-3888
260-1583
260-3900
260-3978
260-3509
260-6709
260-3979
260-3989
260-3910
260-2282
260-3913
260-3958
260-5375
260-3891
260-3952
260-3952
260-3986
260-3585
260-3986
E313B
E313
E309
E309
E311A
NEG012C
NEG12A
NEG012
NEG012
NEG012
NEG012
NEG012
E303
E329
NE313
E307
E311
E313
E329
E329
E309
E311A
E309
PROGRAM DEVELOPMENT BRANCH
Cantor, Doreen, Chief
Walker, Lakeshia
260-1777
260-1777
E511E
E511
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SECTION I
Cook, Brion T., Chief
Boles, James
Franklin, Charles .
Jacobson, Jonathan*
Laurson, Nancy V.
Maher, Karen J.
Pearce, Melinda i.
Topping, David
SECTION II
Mattheisen, Michael 0., Chief
Cestone, Paul
Franklin, Charles
Jellinek, Andrea J.
Thompson, E. June
260-1878
260-1866
260-1781
260-1871
260-1865
260-3894
260-3886
260-7737
260-7363
260-1923
260-1781
260-1028
260-1537
E311
E511
E511F
E315D
E511C
E329
E313
E329
E511C
E329
E511F
E511
E511A
OPERATIONS BRANCH
Baney, Henry H., Chief
White, Toni B., Secretary
Butler, Geraldine, AARP
Hannemann, David K.
Stewart, Esther, AARP
SECTION I
Reynolds, Margaret E., Chief
Gimlin, Peter
Hilton, Geraldine
Simons, Thomas G.
SECTION II
Smith, John H., Chief
Blake, Joan
Dodohara, Hiroshi A.
Lue, Winston H.
260-3935
260-3933
260-3933
260-3961
260-3933
260-3933
260-3972
260-3992
260-3933
260-3964
260-6236
260-3959
260-3911
NE117
NE117
NE118
NE118
NE117
NE117
NE118
NE118
NE117
NE117C
NE118
NE118
NE117
FIELD PROGRAMS BRANCH *
Bushong, Regina, Chief
Myrick, Barbara A., Secretary
SECTION I
Tepper, Esther M., Chief
Cooper, Georgene 0.
Hebenstreit, Haria
260-3790
260-3790
260-7849
260-3904
260-2926
EB53
EB44
E605A
£315
EB35
MOO
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Hoffman, Karen S. 260-3454 - E623
Jordan, Robert H. 260-2328 E607
King, Philip H. 260-9563 E607
Potacka, Marianna 260-5467 EB45
Primack, Jack, AAR? . 260-3407 E607
Scott, Pearly, AARP 260-7849 E605
Weiner, Betty L. 260-2924 EB63
SECTION II
Sheridan, Diane M., Chief 260-3435 EB59
Burger, Vilda (Lynn) , 260-5409 EB21
Cox, Selwyn 260-7986 EB63
Haus, Heather 260-4595 EB35
Heisler, John 260-7269 EB63
Henshall, Mark H. 260-1781 E511F
Moscoso, Rodrigo (Roddy) On detail.
Shapiro, Steve 308-8536 CM2
Siler, Shirley, AARP 260-3793 EB55
Ho/
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CHEMICAL SCREENING & J^. ASSESSMENT DIVISION
-C
o
JOSEPH COTRUVO
DIRECTOR
WILLIAM WAUGH
DEPUTY DIRECTOR
Risk Analysis Branch
•^
Oscar Hernandez
Section I
Lois Dicker
Section II
James Darr
Risk Methodology and
Policy Section
Richard Hefter
Analysis & Information
Management Branch
Mark Townsend
Information
Section
Theodore Jones
New Chemicals Section
Raymond Kent
9/93
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CHEMICAL SCREENING AND RISK ASSESSMENT DIVISION
The Chemical Screening and Risk Assessment Division (CSRAD)
is responsible for:
(1) identifying, evaluating and developing human and ecological
risk assessment techniques and providing analyses based upon
these techniques to support the Emergency Planning and
Community Right-To-Know Act (EPCRA) and the Toxic Substances
Control Act (TSCA) regulatory needs;
(2) providing technical program management for testing program
and risk identification and risk assessment components of
the new and existing chemicals programs;
(3) developing assessments and chemical profiles in support of
TSCA rule development including section 6, and sections 110
and 313 of EPCRA;
(4) participating with CCD in identification of chemicals and
categories of chemicals of sufficient risk for priority
attention for possible control;
(5) developing and implementing procedures for systematically
screening information on new and existing chemicals
including section 8(e) information and uses of chemicals for
further evaluation as well as management of section 8(e)
Compliance Audit Program (CAP) implementation;
(6) supporting RM1/2 assessments;
(7) participating in development of the Master Testing List to
include coordinating the review of relevant data on
candidate substances and making priority recommendations to
CCD;
(8) assisting in evaluations of requests for exemptions from
testing;
(9) interacting with other EPA Offices, Federal Agencies, and
international bodies including the World Health Organization
(WHO) and the Organization for Economic Cooperation and
Development (OECD)'^on development of cooperative programs;
and
(10) serving as the focal point for Regions and other individuals
. and organizations requiring technical assistance and risk
guidance information.
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RISK ANALYSIS BRANCH
The Risk Analysis Branch, consisting of Section 1, Section
2, and a Risk Methodology and Policy Section, is responsible,
pursuant to the.provisions of TSCA and EPCRA for:
(1) developing, overseeing and managing a program to define and
evaluate risks to health and the environment posed by
chemicals and biological agents for existing and new
chemicals as needed in support of the risk management
process in OPPT;
(2) preparing assessments and chemical profiles and advisories
in conjunction with CCD and the Analysis and Information
Management Branch on selected substances of concern to OPPT;
(3) assisting in the disposition and follow-up activities of
section 4 cases and assembling data sets for that purpose;
(4) coordinating OPPT's existing chemical assessments with
various internal Agency and external organizations
developing and using risk assessments;
(5) identifying, evaluating and developing human and ecological
risk assessment techniques and preparing appropriate
analyses using those techniques for users;
(6) identifying technical and related issues essential to the
risk assessment and management processes and articulating
them for effective management use;
(7) participating in EPA national and international cooperative
programs on new and existing chemicals under the aegis of
OECD including the SIDs program with leadership on the
Hazard Assessment Advisory Body;
(8) managing and participating in the review of test data
submitted under TSCA requirements;
(9) assuring that risk assessments conform with the prevailing
office and Agency requirements for format, content and
specificity;
(10) development and implementation of procedures and policies on
new and existing chemicals and for 8(e) and 8(e) CAP
operation and implementation; and
(11) managing and maintaining the CBI data room function for
HERD, CSRAO, and EETD and continuing support of SAT;
maintaining full documentation of information, analyses and
decisions for administrative records and PMN files, and
RM1/2 and 8(e) in conjunction with RAB.
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ANALYSIS AND INFORMATION MANAGEMENT BRANCH
The Analysis and Information Management Branch consists of a
New Chemicals Section and Information Section and is responsible
under TSCA and EPCRA for: ..._..
•
(1) coordinating and integrating assessments under TSCA section
5, as well as for existing chemical and biotechnology
products, as needed, in conjunction with the Risk Analysis
Branch;
(2) identifying technical and related issues essential to the
risk assessment and management process and articulating them
effectively for management use;
(3) assuring that risk assessments conform with the prevailing
office and Agency requirements for format, content, and
specificity;
(4) developing needed issue or position papers on subjects
associated with risk assessment activities;
(5) providing support to other divisions and units engaged in
implementation of TSCA and EPCRA responsibilities;
(6) providing information support for conduct of chemical and
biotechnology assessments for the office, as needed;
(7) preparing and disseminating assessment information to users
within and outside of EPA;
(8) coordinating ATSDR interaction under SARA 110 for OPPT;
(9) providing support for TRI activities in OPPT;
(10) preparing chemical profiles in conjunction with RAB on
selected substances of concern to OPPT; and
(11) participating in chemical screening and 8(e) activities as
needed.
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CHEMICAL SCREENING & RISK ASSESSMENT DIVISION
MAIL CODE: TS-778
IMMEDIATE OFFICE
Cotruvo, Joseph A., Director
Waugh, William T., Deputy Director
*cAlpine, Barbara A., Secretary
ficQuIre, Michelle
Brooks, Sonya Larie
Richburg, Florence L.
Scoggins, Ginger M.
TELEPHONE - RQQH.
260-3442 E415C
260-3442 E415D
260-3442 E415
260-3442 E415
260-8144 E415
260-3488 E415F
On Detail to EAD.
RISK ANALYSIS BRANCH
Hernandez, Oscar, Chief
Shorter, Tony A., Secretary
Hirzy, John W. (Bill)
Taylor-Moody, Sheila D.
Varron, Julieta
SECTION I
Dicker, Lois C., Chief
Anderson, Larry D.
Brandt, Ethel P.
Kwiat, James K.
Mattick, Richard
Strassman-Sundy, Sandra
Topping, Dave
260-1832
260-3446
260-2327
260-1832
260-1832
260-3387
260-1564
260-2853
260-3479
260-3926
260-1832
E409
E441
E407
E409
E409
E405
£405
EB41
E413
E421C
E405
E329
SECTION II
Darr, James F., Chief
Jones, Rebecca
McMahon, Paul N.
Nadolney, Carlton H.
0'Bryan, Terry R.
Price, Martha G.
Terek, Joseph, AARP
260-3470
260-3461
260-1521
260-3486
260-3483
260-3473
260-3603
E447M
£124
E421C
EB31
E421B
E421C
E421C
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RISK METHODOLOGY AND POLICY SECTION
Hefter, Richard, Chief
Leukroth, Richard W.
Miller, Patrick G,., Jr.
Miltenberger, Lenora
Rodier, Donald J.
Susanke, Greg
260-3584
260-7319
260-1267
260-3465
260-1276
260-3926
E539
E411
E441C
E403
E429A
E421C
ANALYSIS & INFORMATION MANAGEMENT BRANCH
Tovmsend, Mark W., Chief 260-3446
Handon, Damon D., (SIS) 260-3442
Herman, Juanita M., Secretary 260-3446
Segal, Mark C. 260-3389
Stewart, James A. 260-3494
INFORMATION MANAGEMENT SECTION
Jones, Theodore C., Chief 260-3502
Brooks, David A. 260-3501
Dage, Elbert L. 308-8568
Drayton-Miller, Gloria 260-3462
Franklin, Mlchele A. 260-5182
Hart, Vivian L. 260-1282
Randecker, Lorraine 260-1503
Revesz, Ilona A. (Agnes) 260-3998
White, Eileen C. 260-0729
Hormell, Richard L. 260-3493
E441B
E415
E441
E447B
E441A
E447F
E447I
CS220
E447D1
E415
E227
E441C
EB41
E447C
NEH CHEMICALS SECTION
Kent, Raymond J., Chief
Broder, Michael H,
Hilgard, Patricia M.
Locke, Diana
Locke, Raymond K.
Mandula, Barbara
Scheltema, Christina L.
Von-der-Pool, Sylvon P.
260-7974
260-3498
260-3491
260-7975
260-5106
260-4225
260-3496
260-1504
E447E
E447G
E447G
E447G
NE100
EB41
E447G
E447D
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MIO
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- ENVIRONMENTAL ASSISTANCE DIVISION
Susan Hazen
Director
James Willis
Deputy Director
Communications and
Outreach Branch
Thomas Tillman
Reaional/State & Public
Outreach Section
Priscilla Flattery
Conaression. Leaislative &
Public Outreach Section
Barbasra Cunningham
, 33/50 Program
Management Staff
David Sarokin
Toxic Release
Inventory Branch
Samuel Sasnett
Technical & Policy
Section
Maria Doa
Program Development
Section
Vacant
9/93
HU
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ENVIRONMENTAL ASSISTANCE DIVISION
The Environmental Assistance Division (EAD) is responsible for:
(1) providing *6omprehensive outreach, liaison, and technical
assistance activities to enhance development and
implementation of OPPT pollution prevention and toxic
chemical use control programs under the Toxic Substances
Control Act (TSCA), the Asbestos School Hazard Abatement Act
(ASHAA), the Asbestos Hazard Response Act (AHERA), Section
104 (i) Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1986, the Emergency Planning
and Community Right-to-Know Act (EPCRA), and the Pollution
Prevention Act (PPA) 1990;
(2) implementing statutory requirements, technical assistance
initiatives, and outreach programs for the development and
implementation of the reporting provisions of section 313 of
The Superfund Amendments and Reauthorization Act (SARA) as
amended by the PPA; and promoting the use, availability and
understanding of the information collected;
(3) providing comprehensive environmental assistance activities
designed to:
(a) involve EPA Regions, States, industry, non-governmental
organizations, and the public in OPPT initiatives and
decision-making;
(b) increase understanding of pollution prevention and
toxic chemical use and control programs;
(c) enhance State and local capabilities to carry out
pollution prevention and toxic chemical use and control
programs;
(d) build national pollution prevention and toxic chemical
use and control programs with EPA Regions; and
**
(e) reduce risk through communications; and (f) enhance
implementation and decentralization of OPPT programs;
(4) developing assistarae, OPPT outreach and information
exchange strategies for pollution prevention and toxic
chemical use and control programs to increase awareness of,
participation in, and input to the development and
implementation of these programs by external constituent
groups such as industry associations, environmental groups,
other public interest groups, labor unions, State and local
environmental officials, EPA staff front Regional offices or
other headquarters program offices, international
organizations or foreign governments, and the general
• public;
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(5) coordinating the development and implementation of major
Agency non-regulatory initiatives with the private sector,
other federal agencies and with Canada and Mexico addressing
the border environments to promote pollution prevention and
toxic use and control programs;
(6) responding to Congressional correspondence and inquiries;
(7) preparing Congressional testimony; and
(8) providing Regional Offices with technical information in
risk assessment and risk management activities for chemicals
reviewed and evaluated by OPPT Existing Chemicals Program.
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33/50 SPECIAL PROJECT STAFF
The 33/50 Special Projects Staff (33/50SPS) is responsible
for providing full time technical and policy analysis support to
an Agency-wide effort directed by the Administrator. The
Administrator has directed implementation of the Pollution
Prevention Strategy which lays out a process for reducing the use
and emissions of seventeen (17) toxic chemicals from individual
sources. These include heavy metals, such as lead and.mercury,
that are clearly associated with serious environmental and health
problems, as well as certain volatile organic compounds. In
addition, the Staff may be assigned other projects as outlined in
the Pollution Prevention Strategy and/or special projects that
fall within the scope of identified OPPT functions.
The 33/50 Special Projects Staff is responsible for managing
a multi-media Agency team that will implement a significant
portion of EPA's Pollution Prevention Strategy. The Staff,
comprised of multi-media interdisciplinary specialists, will
design and operate a voluntary initiative aimed at reducing the
releases of certain high priority toxic chemicals. The Staff is
responsible for:
(1) designing a strategy to identify and target release of these
specific chemicals;
(2) developing a plan to identify and communicate with
industrial releasers of the identified chemicals;
(3) working with the industrial community to identify
opportunities for prevention and reduction;
(4) providing technical assistance and guidance where necessary;
(5) defining goals and measures of progress for this effort; and
(6) tracking and monitoring progress over the course of the next
five years; and report and provide feedback to the
Administrator as necessary on such progress.
The 33/50 Special Projects Staff is responsible for
coordinating all activiti.es related to this initiative with
Headquarters Program Offices such as Air, Water, Solid Waste,
Regional Operations and State/Local Relations, and other offices
within EPA. Coordination with EPA Regions and State officials,
environmental, labor and industry groups will be performed in
cooperation with the Office of Regional Operations and
State/Local Relations. The Chief is responsible for ensuring
that projects meet targeted objectives. The Staff is also
responsible for seeing that programmatic- and policy needs of all
EPA offices, as related to the Administrator's directives for the
Staff are incorporated into the management of the Staff's program
agenda. The Staff Chief will establish a multi-media forum for
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the purpose of timely resolution of differing views. The Staff
will draw on the skills and expertise of the staff of the Office
of Pollution Prevention and~Toxics.
This is an. Agency-wide effort with policy-making direction
provided by the*Deputy Administrator. The Deputy Administrator
will receive advice and staff work provided by the full-time
members of the Staff. In addition to the full-time members
assigned to the Staff, the Assistant Administrators and Regional
Administrators will provide workgroup members and part-time
assistance as required. The Director of the Staff serves as
Chair of the Workgroup.
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COMMUNICATIONS AMD OUTREACH BRANCH
The Communications and Outreach Branch (COB) is responsible for:
(1) development; and implementation of outreach and assistance
strategies'for OPPT programs;
(2) serving along with certain other units of OPPT as a focal
point for technical and policy information exchanges between
Agency officials and external groups to ensure appropriate
public participation in identifying and resolving
environmental issues;
(3) designing and conducting external notification programs to
foster understanding of TSCA, ASHAA, AHERA, and Title III of
SARA authorities and policies that protect human health and
the environment from unreasonable risks of exposure to
chemicals;
(4) managing a national telephone hotline and information
distribution project responding to about 40,000 callers
annually and to,internal OPPT requests for assistance with
major dissemination activities;
(5) conducting public hearings, press conferences, workshop,
technical symposia, etc., as needed to facilitate the
resolution of controversial environmental issues;
(6) establishing and maintaining a network of contacts in both
environmental and labor organizations at both the national
and grass roots levels to work with both in-house and
external leaders in public health and environmental pro-
tection to facilitate effective development and
implementation of policies, regulations, and risk
communication methods and strategies;
(7) conducting press relations activities;
(8) development of outreach and guidance materials in
cooperation with OPPT program staff;
(9) notifying foreign governments of chemical exports as
required by Section J.2 (b) of TSCA;
(10) informing and providing Congress information about
activities under TSCA, ASHAA, AHERA, Title III of SARA, and
the PPA of 1990;
(11) involving Congress in OPPT activities at the early stages of
their development in order to improve their understanding of
the complex issues involved;
(12) legislative tracking and analysis including briefings for
senior management regarding the impact of proposed
HIT-
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legislation;
(13) researching complex issues involving authorities other than
those administered by OPPT in order to resolve intermedia
issues; . .. .„, __
*
(14) responding to written or oral Congressional requests for
information and,assistance with OPPT programs;
(15) preparing Congressional testimony and conducting pre-hearing
briefings for senior agency management;
(16) publishing Congress and Toxics, the document which keeps
OPPT management and staff informed on Congressional
activities related to OPPT programs;
(17) publishing the Chemicals-In-Prooress Bulletin (the official
source of information on EPA activities under statutes
administered by OPPT);
(18) ensuring strong communications links — both management and
program specific — between Headquarters and the regions are
built and maintained;
(19) negotiating regional commitments for OPPT programs;
(20) coordinating headquarters and regional integration of their
planning and budget cycles;
(21) developing and managing special efforts to enhance OPPT
programs by more deeply involving the regions and states;
(22) assuring the success of the Forum on State and Tribal Toxic
Actions (FOSTTA) through management of the program;
(23) establishing links with various organizations for states;
and
(24) establishing regional networks associated with particular
programs/activities and determine the need for regional
. management and/or staff orientation/training.
This branch consists of two sections: Regional, State, and
Public Outreach Section^and Congressional, Legislative and
Public Outreach Section; The Regional, State, and Public
Outreach Section is responsible for:
(1) coordinating TSCA and EPCRA programs with Regions and
States;
(2) tracking and monitoring regional and State program
activities, and
(3) all public outreach activities that support OPPT programs.
M18
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The Congressional, Legislative and Public Outreach Section
is responsible for: .
(1) all external communications-with Congress;
(2) preparing Congressional testimony and briefing materials;
(3) responding to constituents; and
/
(4) all Congressional and legislative affairs outreach
activities.
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TOXICS RELEASE INVENTORY MANAGEMENT BRANCH
The Toxics Release Inventory Management Branch (TRIM), under
the supervision, of a Chief, irresponsible ~f or:
(1) developing rules and policies for implementing the reporting
provisions of Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, as
amended by the Pollution Prevention Act of 1990;
(2) developing policies for adding or deleting chemicals to the
list of toxic chemicals and/or industry sectors for which
reporting is required;
(3) managing the review of petitions to add or delete chemicals,
industry sectors, and/or change reporting thresholds,
relying on OPPT's RM1 process for necessary technical
assistance;
(4) developing technical guidance and other outreach activities
to assist industry and Federal facilities in complying with
the reporting requirements;
\
(5) developing quality control programs to assure the
consistency and reliability of the information;
(6) designing and directing studies utilizing the Toxics Release
Inventory Database;
(7) evaluating the effectiveness and utility of the reporting
program;
(8) providing liaison with other program offices that wish to
use the TRI data and other related information collected
under other statutory authorities;
(9) developing alternative approaches for presenting the
information for different.audiences, including annual
reports and public release of each year's TRI data;
(10) developing out-reach programs to regions, states, industry,
trade and professional associations, non-governmental
organizations and '£ie general public on the nature, value .
and use of TRI information;
(11) managing the TRI hotline; and
(12) supporting international activities to develop community
right-to-know programs.
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ENVIRONMENTAL ASSISTANCE DIVISION
MAIL CODE: TS-799
NAM!
IMMEDIATE OFFICE
Hazen, Susan B., Director
Thomas, Sylvia E., Secretary
Willis, James, Deputy Director
Proctor, Joan A., Secretary
Davis, Sandra D.
Gudger, Barbara D.
James, William, SIS
McCoy, LaTanya, SIS
Powell, Beverly
Pratt, John
33/50 PROGRAM MANAGEMENT STAFF
Sarokin, David J., Director
Hall, Ernestine R., Secretary
Banks, Sharon R.
Burns, Michael
Cypser, Myra
Depont, Lee Ann
Griffiths, Robin
Hall, Loren H.
Harman, John W.
Smith, Ursula, AARP
Tirpak, Chris C. '
COMMUNICATION AND OUTREACH BRANCH
Tillman, Thomas, Chief
Mudd, Doris, AARP
GOVERNMENT OPERATIONS SECTION
Cunningham, Barbara, Acting Chief
Boyle, Joseph F. >'
Clough, Stephanie
Hammond, Sarah A.
Heikkinen, Ruth E.
Janney, Robert E.
Phillips, Ginny
Price, Michelle M.
McBride, Hflla, AARP
Wesleya Lula, AARP
TELEPHONE
260-1024
260-1024
260-3949
260-3949
260-0828
260-3456
260-1024
260-1024
260-3949
260-1628
260-6396
260-6907
260-4572
260-5497
(703) 578-1816
260-9499
260-1018
260-3931
260-6395
260-5382
260-7538
260-7605
260-3790
260-2249
260-1802
260-4075
260-7258
260-1803
260-1584
260-7854
260-3372
260-3790
260-3790
E543
E543
E545B
E545
E545A
E545
E543
E543
E543
E543
E535
E535
E606
E535
Residence
ET618
EB29
E415A
E533
E533
E533B
EB47
EB55
EB6I
EB55C
EB55A
EB01
EB49
EB67
EB65
EB63
EB55
EB55
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EXTERNAL LIAISON SECTION
Flattery, Priscilla, Chief
Faeth, Lisa E.
Griffin, Martha, AARP
Gillen, Matthew E.'
Gurin, Jane R.
Hunter, Mary (Polly)
Kinard, Michele R.
King, James
Topper, Henry C.
Woodburn, Wanda
260-1772
260-1817
-260-3793
260-1801
260-9121
260-6209
260-6958
260-6581
260-6750
260-3795
EB550
E420
EB55
E621A
EB49
EB44
EB44
EB01
E623
EB57
TOXICS RELEASE INVENTORY BRANCH
Sasnett, Samuel K., Chief
Harvey, Thelma, AARP
TECHNICAL AND POLICY SECTION
Doa, Maria J., Chief
Crawford, Tirothoy Wade
Franklin, Kathleen A.
McNamara, Tamara M.
Vail, Cassandra
Wunderlich, Linda
PROGRAM DEVELOPMENT SECTION
Fesco, Eileen A.
Gibson, Mary E. (Eileen).
Mitchell, Kenneth L.
260-1512
260-3949
260-9592
260-1715
260-2250
260-5997
260-0675
260-9499
260-7232
260-6449
260-3960
E545C
E545
E345A
E229
E339
E229
E232
E609
E349
E347H
E347H
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ECONOMICS, EXPOSURE ANDWCHNOLOGY DIVISION
Regulatory Impacts
Branch
Robert Lee
Section I
Susan Krueger (Act)
Section II
Robert Lenahan
Mary Ellen Weber
Director
Larry Longanecker
Deputy Director
Design for Environment
Staff
Jean Parker
Chmeical Engineering
Branch
Wardner Penberthy
New Chemicals
Section
Gail Froiman
Existing Chemicals
Section
Daniel Fort
Industrial Chemistry
Branch
Joseph Breen
Section I
Paul Anastas
Section II
Russell Farris
Section III
Henry Lau
Exposure Assessnent
Branch
i
Thomas Murray
Exposure Integration
Section
Patrick Kennedy
Environmental Fate
Section
Robert Boethling
Modeling Section
Lynn Delpire
L
V
tw
9/93
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ECONOMICS, EXPOSURE, AND TECHNOLOGY DIVISION
The Economics, Exposure and Technology Division (EETD)
performs all technical analyses in the areas of economic,
industrial chemistry, engineering, and exposure assessment in
support of all OPPT regulatory and non-regulatory programs. In
addition, EETD manages the TSCA inventory and the Design for the
Environment Program. EETD is responsible for:
(1) developing and implementing rules and policies for
maintaining and updating the TSCA Chemical Substances
Inventory and providing inventory search support for all
TSCA programs;
(2) providing all economic, industrial chemistry, and
engineering analyses including integrated assessments of
human and environmental exposure to chemical substances and
microorganisms in support of OPPT program activities;
(3) providing exposure assessment, economic, industrial
chemistry and engineering support needed for the Toxics
Release Inventory program activities and for sections 4, 5,
6, 7 and 8 of TSCA rulemaking, assessment activities, and
voluntary programs and technical outreach activities;
(4) providing state of the art methodologies for the
applications of economics (including incentives and other
innovative approaches), engineering, exposure assessment,
and industrial chemistry to support risk analysis, risk
reduction, and regulatory and non-regulatory risk management
activities of OPPT;
(5) ensuring that the economic and technical feasibility and
relative costs, benefits, and socio-economic impacts of
alternative approaches to reducing risks are fully
considered in the formulation, selection, and justification
of risk reduction options for all regulatory and non-
regulatory activities of OPPT;
>
(6) .integrating the assessment of total chemical exposure,
direct and indirect, to humans and the environment for all
OPPT program areas; ,
(7) providing scientific assessments of total exposure to
chemicals and microorganisms, including materials balances,
treatment systems, efficiencies of releases from these
systems, population information, assessment methods for
direct and indirect exposure, chemical fate and biological
fate;
(8) developing and preparing all environmental fate test
guidelines for sections 4 and 5 of TSCA, supporting data
auditing activities for testing; and
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(9) identifying and developing new methods and techniques for
laboratory testing and evaluation of the transport and
transformation of chemical substances through intramural
efforts, extramural studies, and collaboration with EPA's
Office of Research and Development and other Federal and
international organizations.
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DESIGN FOR THE ENVIRONMENT STAFF
The Design for Environment (DfE) Staff leads the development
and implementation of the DfE and Use Clusters Cleaner
Technologies program activities -and .is responsible for:
(1) coordinating technical, economic, engineering, exposure and
chemistry support for the development of Agency-wide
regulatory and non-regulatory cross-media and pollution
prevention actions which would benefit by substitute
analysis for DfE activities;
(2) developing ways to identify pollution prevention
opportunities by evaluating industrial processes related to
Agency priority concerns to determine lower risk substitutes
within specific use categories;
(3) developing methodologies for incorporating full lifecycle
analysis into the comparative substitute assessments;
(4) developing ways to implement industrial design of cleaner
processes and products through providing exposure, economic,
engineering and chemistry technical support for integrating
substitute assessment into regulatory development actions
and into voluntary pollution prevention activities;
(5) designing a strategy to identify and encourage voluntary use
of cleaner technologies through developing EPA/industry
joint pollution prevention studies which focus on
comparative substitute assessments within a use category;
(6) developing plans to identify and communicate with
industrial, commercial or federally operated users of
chemicals who may benefit from technical information
regarding comparative substitute assessments and pollution
prevention opportunities;
(7) developing a strategy to provide comparative substitute
assessment information to small businesses to support
voluntary pollution prevention, since the large numbers of
small businesses contribute substantially to pollution
streams across all media;
(8) producing pollutio*^prevention conferences as necessary
which focus on development of technical information
regarding design and use of cleaner technologies and
products;
(9) defining goals and measures of progress in each area of
effort;
(10) .tracking and monitoring progress in each^program area
throughout its development; ;
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(11) developing data management systems to ensure the continuing
and current availability of technical exposure, economic,
engineering and chemical information on cleaner substitutes;
(12) reporting and providing feedback to the Administrator and
other senior Agency management as necessary on the progress
of this initiative;
(13) coordinating all activities related to this initiative
throughout Headquarters, the Regions, State/Local entities,
environmental, labor and industry groups, in cooperation
with the Offices of International Affairs, Office of
Regional Operations and State/Local Relations and the Small
Business Ombudsman;
(14) integrating the programmatic and policy needs of all EPA
offices into the development and implementation of the DfE
agenda; and
(15) providing integration of safer substitutes and cleaner
technologies analyses into pollution prevention activities.
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REGULATORY IMPACTS BRANCH
The Regulatory Impacts Branch (RIB) is responsible for:
(1) conducting., chemical market and-use analyses and analyses of
the costs, benefits, and socio-economic impacts of
regulatory and non-regulatory actions for OPPT;
(2) estimating the costs, benefits, and cost-effectiveness of
alternative regulatory actions under sections 4, 5, 6, 7,
and 8 of TSCA, sections 110 and 313 of the Superfund
Amendments and Reauthorization Act (SARA), the Asbestos
Hazard Emergency Response Act (AHERA) and the Asbestos
School Hazard Abatement Act (ASHAA);
(3) assessing the economic effects on chemical manufacturers,
processors and users, and the impact on small businesses,
employment, the national economy, international trade, and
technological innovation;
(4) preparing analyses of chemical markets, industry trends,
chemical substitutes and chemical uses as required to
support program activities including DfE and Pollution
Prevention;
(5) providing economic/policy studies required by TSCA (e.g.,
indemnification and reimbursement) and special studies,
National Toxics Report, and conferences as directed by the
OPPT Office Director or EETD Division Director;
(6) participating in the development of regulations, ensuring
that economic and social issues are fully considered in
regulatory decision processes, and preparing Regulatory
Impact Analyses, Regulatory Flexibility Analyses and other
economic analyses required by statute or Executive Order;
(7) ensuring that economic and market analysis techniques are up
to the state-of-the-art and are in conformance with accepted
practice and OPPT and EPA.guidelines;
(8) providing project management lead for RM2, test rules, DfE
and pollution prevention projects;
(9) developing methodology and economic models to incorporate
pollution prevention and economic incentives into the
rulemaking and non-rulemaking activities of OPPT; and
(10) providing chemical market studies and use and substitutes or
use cluster studies in support of regulatory development of
other EPA media program offices.
Within RIB there are two sections. Section 1 is primarily
responsible for economic analyses to support the Premanufacture
NoticJe (PMN) and follow-up programs under section 5 of TSCA. It
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also has primary responsibility for economic support of SARA and
AHERA (asbestos) actions.
Section 2 is primarily responsible for economic analyses to
support OPPT existing chemicals-activities under sections 4, 6, 7
or 8 of TSCA. It is also responsible for providing project leads
for RM2 and test rules and for developing economic methodology to
incorporate economic incentives into the activities of OPPT.
Both Sections are responsible for economic analyses to support
DfE and Pollution Prevention programs, the National Toxics
Report, special studies, economic/policy studies and conferences.
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INDUSTRIAL CHEMISTRY BRANCH
The Industrial Chemistry Branch (ICB) is responsible for:
•. .... .„_
(1) maintaining and updating the TSCA Chemical Substance
Inventory and providing inventory search support;
(2) providing industrial chemistry support for OPPT regulatory
and non-regulatory decision-making;
(3) providing industrial chemistry support including
characterization of the chemical structure and physical -
chemical properties of substances, evaluation of unlikely •
contaminants, byproducts and co-products of chemical
substances, identification of chemical analogues and
characterization of functional properties;
(4) performing all industrial chemistry analyses needed for
initial review, detailed assessments and follow-up of
Premanufacture Notices (PMNs) submitted under section 5 of
TSCA, for all section 5 and 6 TSCA regulatory analyses, and
other regulatory or non-regulatory decision-making supported
by OPPT analysis;
(5) providing industrial chemistry input to all major OPPT risk
assessments;
(6) providing technical support to the EETD's Regulatory Impacts
Branch by evaluating the functional characteristics of
chemicals in relationship to their intended or possible new
uses and their substitutes;
(7) maintaining, operating, and*updating the TSCA Chemical
Substances Inventory;
(8) providing master inventory search support for all TSCA
programs, as well as TSCA compliance monitoring activities
for inventory issues;
(9) processing section 5 of TSCA premanufacture notices (PMNs),
exemptions, Bona Fide Intent to Manufacture submissions, and
Test Marketing Exemptions, by searching the Master Inventory
File to determine Whether the subject chemical is on the
Inventory;
(10) responding to all incoming inquiries regarding whether a
substance is on the Inventory or how a certain substance is
defined for Inventory listing;
(11) processing all Notice of Commencement of Manufacture/
Imported submissions, and adds to the Inventory the newly
manufactured substances;
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(12) serving as the final expert on chemical nomenclature issues
within OPPT and EPA;
(13) assigning and reviewing generic names for confidential
substances; . „„ .„,„.
(14) working closely with other OPPT divisions to resolve
scientific issues regarding the identification of substances
including synfuel products and microorganisms;
(15) processing section 5(h)(4) of TSCA polymer exemptions, low-
volume exemptions, and Significant New Use Rule (SNUR)
chemicals;
(16) developing and operating a biotechnology inventory;
(17) implementing section 8(a) of TSCA Update Rule;
(18) managing the OPPT contract which provides Master Inventory
search support to OPPT;
(19) ensuring that analyses are up to the state-of-the-art and
are in conformance with accepted practice and OPPT and EPA
policy guidelines; and
(20) providing industrial chemistry and project management
support to EETD's DfE Program.
The Branch consists of three Sections: Section 1 provides
industrial chemistry support for initial- and detailed reviews
under section 5 of TSCA. Section 2 provides industrial chemistry
support for the PMN program, section 5 of TSCA exemptions and
related activities. Section 3 is responsible for maintaining and
updating the TSCA Chemical Substance Inventory and providing
inventory search support. All three sections provide support for
use cluster and DfE activities.
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CHEMICAL ENGINEERING BRANCH -
The Chemical Engineering Branch (CEB) is responsible for:
*
•
(1) providing engineering support for OPPT regulatory and non-
regulatory decisions. The scope of support includes
providing estimates of occupational exposure and release
rates from industrial sources and conducting studies of
technological alternatives for reducing human and
environmental exposure, including personal protective
devices and other industrial hygiene measures, processes
changes and effluent controls;
(2) performing all engineering analyses needed for initial and
detailed reviews of Premanufacture Notices (PMNs), for
regulatory actions under section 5 and 6 of TSCA and for any
other regulatory or non-regulatory decision-making supported
by OPPT analysis;
(3) providing engineering support for preparation of risk
assessments and performing analyses of available engineering
data to forecast trends in production methods development,
including source reduction and other pollution prevention
technologies;
(4) performing other special studies as directed by the OPPT
Office Director and the EETD Division Director;
(5) ensuring that analyses are up to the state-of-the-art and
are in conformance with accepted practice and OPPT and EPA
policy guidelines; and
(6) providing engineering, industrial hygiene, occupational
exposure and project management support to EETD's Design for
Environment Program.
The Chemical Engineering Branch has two sections: The New
Chemicals Section provides engineering analyses to support the
initial and detailed reviews and follow-up of Premanufacture
Notices (PMNs) submitted under section 5 of TSCA. The Existing
Chemicals Section provides engineering analyses to support the
existing chemicals activities of OPPT under sections 4 and 6 of
TSCA and general rulema^ngs under section 5 of TSCA (e.g.,
exemptions). Both sections are responsible for designing,
evaluating, and analyzing use clusters and for supporting DfE
activities.
433
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EXPOSURE ASSESSMENT-BRANCH
The Exposure Assessment Branch (EAB) is responsible for:
(1) integrating the assessment of total chemical exposure,
direct and indirect, to humans and the environment in
support of OPPT's regulatory and non-regulatory program
activities;
(2) supporting OPPT's testing and existing chemical programs by
providing integrated assessments of direct and indirect
chemical exposure to humans and the environment, and
providing similar support for assessments of new chemicals
and microorganisms and for existing chemical control
regulations;
(3) providing scientific assessment of total chemical exposure,
including materials balance, treatment systems, assessment
methods for direct or indirect exposure, chemical fate and
biological fate;
(4) developing and preparing all environmental fate test
guidelines developed for sections 4 and 5 of TSCA;
(5) supporting OPPT's data auditing activities for testing
performed under sections 4 and 5 of TSCA; and
(6) identifying and developing new methods and techniques for
laboratory testing and evaluation of the transport and
transformation of chemical substances and microorganisms
through intramural efforts, extramural studies, and
collaboration with Agency's Office of Research and
Development and other Federal and international
organizations; and
(7) providing exposure assessment and project management support
to EETD's Design for Environment Program.
The Exposure Assessment Bi'anch has three Sections: The
Exposure Integration Section (EIS) is responsible (with support
of other division units) for the preparation of exposure
assessments for new and existing chemicals being evaluated under
TSCA. The Section prepares exposure assessments to support the
new chemical assessment process and the section 5(h)(4) of TSCA
exemption process, and coordinates assessments in these two areas
among the other units in the division.
The Environmental Fate Section (EFS) is responsible for
development and preparation of all environmental fate test
guidelines, developed for sections 4 and 5 of TSCA. Reviews
exposure assessments and, in conjunction with other division
units they perform exposure assessments in support of OPPT's
section 4 of TSCA test rules.
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The Modeling Section is responsible for providing chemical
property, chemical f«te and chemical transport modeling support
to both the new and existing chemicals exposure assessments. The
Section is also responsible for the model based prediction's of
the number of people potentially.exposed to toxic substances. In
addition, the Section incorporates study results, provided by
other sections, into these models and supports the development of
exposure test guidelines for section 4 of TSCA. In collaboration
with Agency's Office of Research and Development as well as 'other
Federal and international organizations, the Section develops new
models of this type.
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NAME
IMMEDIATE OFFICE
ECONOMICS, EXPOSURE & TECHNOLOGY DIVISION
MAIL CODE: TS-779
TELEPHONE
Weber, Mary Ellen, Director 260-0667
Longanecker, Larry E., Deputy Director 260-0667
Owens, Aretha D., Secretary 260-0668
Allen, Anita T. 260-1731
Anderson, Doris (AARP) 260-0667
Bennett, Phyllis Metric 260-0721
Kawtoski, Nancy 260-1733
E235
E234
E235B
E233
E235
E232
E233
DESIGN FOR ENVIRONMENT STAFF
Parker, Jean Elizabeth, Staff Director 260-0686
Raraus, Catherine Ann 260-1707
Bergman, Stephanie 260-1821
Boyd, Beverly 260-1689
Carabello, Kathryn 260-1157
Harris, Gordon (AARP) 260-0686
Meline, Jed 260-0695
O'Brien, Claudia 260-0688
Sweeney, Brian 260-0720
E243
E227
E239
E237
E226
E243
E335
E229
E227
EXPOSURE ASSESSMENT BRANCH
Murray, Thomas M., Chief
Sutton, Gary, Secretary
Carr, Ray
Lee, Ethel, AARP
Leifer, Asa
Turner, Catherine J.
EXPOSURE INTEGRATION SECTION
Kennedy, Patrick U., Chief
Abel, Sidney H. ^
Cinalli, Christina Anne ^
Flessner, Conrad J., Jr.
Jennings, Patricia D.
Ryan, Mary K.
ENVIRONMENTAL FATE SECTION
Boethllng, Robert S., Chief
Austin, Helen K. (Kay)
Lynch, David G.
260-1873
260-1874
260-1874
260-6710
260-3915
260-3929
260-3916
260-3920
260-3913
260-3918
260-5588
260-3898
260-3912
260-3927
260-3911
E319A
E319
E319
£333
E323
E333
E321B
E318
E325
E322
£322
£327
£325
£320
£320
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Mamantov, Andrew
Thorn, Gary C.
MODELING SECTION
•
Delpire, Lynn, Chief
Harrigan, Pat
Ho Ulster, Sondra L.
Mold, I. Annette
260-3925
260-3921
260-3928
260-3919
260-3390
260-3930
E327
E323
E317A
E318
E317B
E317B
REGULATORY IMPACTS BRANCH
Lee, Robert E., II, Chief
Davis, Ronald L., Secretary
Axelrad, Daniel A.
SECTION I
Lenahan, Robert J., Chief
Jones, Laverne A., Secretary
Andrei, Robert N.
Benjamin, Kent A.
Krueger, Susan Lynn
RaMie, Carol
Silagi, William A.
SECTION II
Cole, Gary, Chief
Miller, Susie, AARP
Agarwal, Nishkam S.
Blake-Hedges, Lynne
Bouwes, Nicolaas U., Sr.
Harris, Lisa M.
Jehassi, Ohad
260-1670
260-0676
260-1713
260-1672
260-0677
260-7693
260-1714
260-1285
260-3723
260-1710
260-8995
260-1292
260-1687
260-7241
260-1567
260-1674
260-6911
E238
E232
E241
E242
E236
E239
E231
E241
E240
E236
EB71
E133
E230
E231.
E240
E237
E237
INDUSTRIAL CHEMISTRY BRANCH
Breen, Joseph J., Chief
Beasley, Lois Y., Secretary
Stanfield, Horine, (AARP)
SECTIOH I
Anastas, Paul T., Chief
Bickart, Paul H.
Darling, Diana L.
Farris, Carol A.
Podall, Harold E.
Raksphal, Ram
Tou, Jenny Y.L.
Williamson, Tracy
260-3569
260-3569
260-3569
260-2257
260-0683
260-3484
260-1732
260-1682
260-0691
260-6750
260-3960
E347
E347
E347
E347G
E351A
E359
E301
E301
E351
E623
E347H
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SECTION II
Farris, Russell E., Chief
Bushman, Daniel R.
Devito, Stephen C..
Hassur, Steven M.
Metz, Fred L.
Tobin, Paul S.
SECTION III
Lau, Henry P., Chief
Anapolle, Kent E.
Jones-Brown, Yvonne.R.
Lee, DoYoung
Matta, Lygia B.
Powell, DeLois J.
Sarna, Jasbir K.
Thomas, Timothy E.
Tirado, Nestor F.
CHEMICAL ENGINEERING BRANCH
Penberthy, Uardner 6., Chief
Ray, Marie Y., Secretary
Engel, Alfred, AARP
Fehrenbacher, Nary C.
Pinex, Lera, AARP
NEH CHEMICALS SECTION
Froiman, Gall, Chief
Jackson, Eric N.
Jon, Jay H.
Nguyen, Nhan T.
Shapiro, Ellen L.
EXISTING CHEMICALS SECTION
Fort, Daniel L., Chief
Hayes, Albert, AARP A
Macek, Gregory J.
Pederson, Nark E.
Prothero, Scott ».
Quillen, Paul R.
Rellly, M. Breeda
Wong, Kin F.
260-6396
260-6700
260-1748 -
260-1735
260-0684
260-1736
260-1527
260-8026
260-1549
260-2539
260-1551
260-1547
On extended
260-1442
260-4200
260-1664
260-1664
260-0695
260-0696
260-0695
260-3741
260-2251
260-7971
260-0697
260-9557
260-1694
260-0662
260-9597
260-9596
260-1566
260-7689
260-9557
260-0693
E535F
E240
E359
- E359A
E351A
E359
E211
E207
E212
E207
E216
E210
leave.
E209
E318
E345C
E345
E335
E343
E335
E345E
E337
E337
E340
E343
E345D
E335
E343B
E337
E335
E341A
E343C
E345B
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HEALTH & ENVIRON^PfTAL REVIEW DIVISION
JOSEPH MERENDA
Director
VANESSA VU
i Deputy Director J
I •
Senior Science Staff
Roger Garrett
Health Effects
Branch
Pauline Wagner (Act)
Epidemiology &
Quantitative Methods
Section
Elizabeth Margosches,
v^ x
Toxicology
Section
Mary Henry
Metabolism and
Carcinogenesis
Section
Pauline Wagner /
1
Environmental Effects
Branch
Maurice Zeeman
Ecology N
Section
Richard Clements
V J
Ecotoxicology
Section
Robert Morcock
9/93
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HEALTH AND ENVIRONMENTAL REVIEW DIVISION
The Health and Environmental Review Division (HERD) is
responsible for.;
(1) assessing the health and environmental hazards of new and
existing chemicals and microorganisms and preparing
integrated hazard assessment documents as needed to support
the full range of OPPT's regulatory and non-regulatory
programs;
(2) reviewing and evaluating health and environmental effects
test data submitted under TSCA or other authorities
administered by OPPT, and providing expert scientific
support to Agency audits of testing programs producing such
data;
(3) managing the OPPT Structure Activity Team (comprised of
senior level scientists from several OPPT divisions and the
academic community) which provides expert technical guidance
to OPPT and other EPA program offices and Regions on the
potential environmental fate, health hazards and ecological
hazards of new and existing chemicals and microorganisms;
(4) developing and updating health and environmental effects
test methods and guidelines in support of OPPT programs;
(5) managing and coordinating OPPT's participation in activities
to harmonize test guidelines among programs and
internationally;
(6) developing and updating procedures and criteria for
assessing the health and environmental hazards of chemicals
and microorganisms and ensuring that procedures and criteria
employed by OPPT are consistent with Agency guidelines and
the current scientific state-of-the art; and
(7) collaborating with EPA's Office of Research and Development
in defining and reviewing Agency research related to
characterizing the health and environmental effects of
chemicals and microorganisms.
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HEALTH EFFECTS BRANCH
The Health Effects Branch (HEB) is responsible for:
(1) assessing the metabolism and pharmacokinetics, and the
genotoxic, oncogenic, reproductive and developmental,
neurotoxic, and other health hazards of new and existing
chemicals and microorganisms as needed to support OPPT's
regulatory and non-regulatory programs;
(2) reviewing epidemiological data to evaluate effects of
chemical exposures on human health;
(3) preparing integrated hazard assessment documents as needed
to support chemical screening and risk assessment activities
of OPPT's regulatory and non-regulatory programs;
(4) analyzing laboratory and epidemiological data to estimate
dose-response relationships in support of OPPT risk
assessment activities;
(5) reviewing and evaluating health effects study designs and
the resulting data submitted under TSCA or other authorities
administered by OPPT and providing expert scientific support
to Agency audits of testing programs producing such data;
(6) co-chairing (along with the Environmental Effects Branch)
the OPPT Structure Activity Team (comprised of senior level
scientists from several OPPT divisions and the academic
community) which provides expert technical guidance to OPPT
and other EPA program offices and Regions on the potential
environmental fate, health hazards and ecological hazards of
new and existing chemicals and microorganisms and providing
expert support to the SAT on metabolism, pharmacokinetics,
and health effects;
(7) developing and updating health effects test methods and
guidelines in support of OPPT programs;
.*
(8) developing and updating procedures and criteria for
assessing the health hazards of chemicals and microorganisms
and ensuring that procedures and criteria employed by OPPT
are consistent with. Agency guidelines and the current
scientific state-o^-the art; and
(9) collaborating with EPA's Office of Research and Development
in defining and reviewing Agency research related to
characterizing the health effects of chemicals and
microorganisms.
The Health Effects Branch is comprised of three sections as
follows: an Epidemiology and Quantitative Methods Section which
is responsible for branch activities relating to epidemiology and
dose-response estimation; a Metabolism and Carcinogenesis Section
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which is responsible for branch activities relating to the
metabolism, pharmacokinetics, genotoxic effects, and
carcinogenicity of chemicals; and a Toxicology Section which is
responsible for branch activities relating to all health effects
other than genotoxicity and oncogenicity. -
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ENVIRONMENTAL EFFECTS BRANCH
The Environmental Effects Branch (EEB) is responsible for:
(1) assessing .the environmental and ecological hazards of new
and existing chemicals and microorganisms as-needed to
support OPPT's regulatory and non-regulatory programs;
(2) preparing integrated hazard assessment documents as needed
to support chemical screening and risk assessment activities
of OPPT's regulatory and non-regulatory programs;
(3) reviewing and evaluating environmental effects and
ecological study designs and the resulting data submitted
under TSCA or other authorities administered by OPPT and
providing expert scientific support to Agency audits of
testing programs producing such data;
(4) co-chairing (along with the Health Effects Branch) the OPPT
Structure Activity Team (comprised of senior level
scientists from several OPPT divisions and the academic
community) which provides expert technical guidance to OPPT
and other EPA program offices and Regions on the potential
environmental fate, health hazards and ecological hazards of
new and existing chemicals and microorganisms and providing
expert support to the SAT on environmental and ecological
effects;
(5) developing and updating environmental and ecological effects
test methods and guidelines in support of OPPT programs;
(6) developing and updating procedures and criteria for
assessing the environmental and ecological hazards of
chemicals and microorganisms and ensuring that procedures
and criteria employed by OPPT are consistent with Agency
guidelines and the current scientific state-of-the art; and
(7) collaborating with EPA's Office of Research and Development
in defining and reviewing Agency research related to
characterizing the environmental and ecological effects of
chemicals and microorganisms.
The Environmental Effects Branch is comprised of two
sections as follows: an^Ecotoxicology Section which is
responsible for branch activities relating to the effects of
chemicals and microorganisms on specific classes of organisms;
and an Ecology Section which is responsible for branch activities
relating to the effects of chemicals and microorganisms on
ecological systems.
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SENIOR SCIENCE STAFF
The Senior Science staff is responsible for:
(1) providing expert advice to ...the..Division Director and
division staff concerning particularly complex or novel
scientific or science policy issues;
(2) managing and coordinating OPPT's participation in activities
to harmonize test guidelines among programs and
internationally;
(3) coordinating HERD collaboration with EPA's Office of
Research and Development in defining and reviewing Agency
research related to characterizing the health and
environmental effects of chemicals and microorganisms;
(4) providing expert scientific peer review of test guidelines
and hazard assessments prepared by HERD staff or others and
coordinating HERD'S internal and external scientific peer
review processes; and
(5) as requested by the Division Director, reviewing and
evaluating health or environmental effects test data,
assessing health or environmental hazards, and preparing
integrated hazard assessment documents needed to support
OPPT's regulatory and non-regulatory programs.
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HEALTH & ENVIRONMENTAL REVIEW DIVISION
NAIL CODE: TS-796
NAJ£ . - — TELEPHONE
IMMEDIATE OFFICE
Merenda, Joseph J., Jr., Director 260-1241
Vu, Vanessa, Acting Deputy Director 260-1256
Dickens, Carolyn A., Secretary 260-1241
Wages, Rochelie, Secretary 260-1243
Coney, Kathryn E. 260-1243
Donaldson, Jacqualine E. 260-1249
Kennedy, Kathleen 260-1248
Queen, Frances, AARP 260-1250
SENIOR SCIENCE STAFF
Garrett, Roger L., Director 260-3430
Henderson, Debra Y., Secretary 260-3430
Arcos, Joseph C. 260-3478
Argus, Nary F. 260-1250
DiCarlo, Frederick J. 260-3398
Falke, Ernest V. 260-3433
Hester, Lorraine, AARP 260-4665
Lee, Cheng-Chun 260-1250
Milman, Harry A. 260-1292
Stern, Arthur N. 260-5281
HEALTH EFFECTS BRANCH
APPROVED HIRE FOR BR. CHIEF
Frazier, Sharon T., Secretary 260-1256
Auletta, Angela E. 260-1513
White, Yolanda E. 260-3430
BOON
E617A
E617B
E617
E619
E619
E619B
E619A
E601
E132
E125C
£415
E601C
E124B
E127
EB29
E601B
£133
E447I
£139
£135
E139
EPIDEMIOLOGY AND QUANTITATIVE METHODS SECTION
Margosches, Elizabeth H., Chief
Beaubier, Jeff £
Hogan, Karen A. *
260-1511
260-2263
260-3895
£305
£616
E329A
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TOXICOLOGY SECTION
Henry, Mary C., Chief
Glasgow, Carol E.
Malshet, Vasant G.,
Murphy, James J.
Sawhney, Daljit S.
Seed, Jennifer G.
Tahan, Letitia M.
260-1301
260-8164
260-6712
260-1294
260-0289
260-8145
260-8141
E130
NE100
E403
E138
E133
E126
NE100F
METABOLISM AND CARCINOGENESIS SECTION
Wagner, Pauline M., Chief
Beier, John M.
Cimino, Michael C.
Keifer, Leonard C.
Lai, David Y.
Woo, Yin-Tak
260-3981
260-9417
260-3451
260-1548
260-6222
260-0291
E131
E124
E136
£128
E129
E134
ENVIRONMENTAL EFFECTS BRANCH
Zeeman, Maurice G., Chief
Quarles, Clementine A., Secretary
260-1237
260-1237
E431C
E431
ECOLOGY SECTION
Clements, Richard G., Acting Chief
Kim, Anne
Mauriello, David A.
McClung, Gwendolyn
Morison, Rufus
Nabholz, Joseph V.
Sayre, Philip G.
260-5270
260-1273
260-2260
260-1272
(703) 998-5145
260-1271
260-9570
E427
E427
E431D
E431D
Home
E427
E447H
ECOTOXICOLOGY SECTION
Morcock, Robert E., Chief
Hayashi, Fumihifo
Johnson, David E.
Lipnick, Robert Louis .
Meyn, Ossi (
Newsome, Larry Done11
Rabert, William S.
Smrchek., Jerry C. .
260-1265
260-1278
260-1261
260-1274
260-1264
260-1262
260-1266
260-1268
E423
E431G
E425
E431F
E431B
E425
E423
E423
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INFORMATION MANAGEMENT DIVISION
1
TRI Inforation
Management Branch
Steven Newburg-Rinn
r ••
Linda Travers
Director
George Bonina
Deputy Director
TRI Data Administration
Section
Douglas Sellers
TRI System Section
Ruby Boyd
Information Access
Branch
Odelia Funke
Information Products
Section
Timothy Sullivan
Informaiton Services
Gerald Brown
1
TSCA Information
Management Branch
Frank Caesar
TSCA Data Administration
Section
Juanita Geer
TSCA Systems Section
•fr
Joanne Martin
j:
£-
-O
9/93
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INFORMATION MANAGEMENT DIVISION
The Information Management Division (IMD) is responsible for
establishing a strong information base to support implementation
of the Toxic Substances Control Act (TSCA), the Emergency
Planning and Community Right-To-Know Act (EPCRA), and the
Pollution Prevention Act (PPA). IMD is the primary source of
chemical information in EPA. Responsibilities of IMD include:
(1) developing and implementing OPPT-wide strategies, policies,
and standards for information management technology, public
accessibility, information integration, systems development,
data quality, data definitions, and records management;
(2) developing and implementing policies and procedures for
disseminating chemical data within EPA, to other Federal
agencies, state and local governments, Congress,
environmental and public interest groups, the general
public, and other countries;
(3) developing, implementing, and evaluating policies and
procedures for control and security of TSCA CBI;
(4) developing and operating automated and non-automated
information systems to process, store, and make accessible
information under TSCA, EPCRA, and PPA;
(5) supporting other OPPT Divisions in collecting, storing,
maintaining and accessing information under TSCA, EPCRA, and
PPA;
(6) managing receipt and handling of all data and documents
submitted under TSCA, EPCRA,* and PPA;
(7) serving as the OPPT lead for all activities under the
Freedom of Information Act (FOIA);
(8) developing information products and providing them to the
user community;
(9) providing information retrieval services that search
scientific literature, commercial databases, OPPT databases,
and other Agency a^a Federal databases;
(10) maintaining a collection of scientific literature relating
to health and environmental effects of chemicals;
(11) operating the OPPT public docket and public reading room
which serve as the primary source of information on OPPT
rulemakings and other administrative actions;
(12) providing policies, management and support for personal
computers and local area networks in OPPT;
4SI
-------
(13) supporting enforcement activities under TSCA, EPCRA, and
PPA; and
(14) serving as the OPPT focal point for coordination with the
Agency's Office of Information Resources Management (OIRM)
MS*
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TRI INFORMATION MANAGEMENT BRANCH
The Toxics Release Inventory (TRI) Information Management
Branch is responsible for collecting, processing, and quality
assuring information submitted by industry-under EPCRA and PPA.
Responsibilities of the TRI Information Management Branch
include:
(1) establishing and operating the TRI Reporting Center (TRC)
which receives, processes, and quality assures information
submitted under EPCRA and PPA;
(2) establishing, operating, and maintaining the automated and
non-automated systems needed to support operation of the TRC
and accessibility of TRI information within EPA;
(3) providing systems support necessary to ensure that the
public and a wide range of users have access to TRI data on-
line and on other media such as CO ROM;
(4) developing and implementing strategies, policies, and
procedures for TRI information management, including
integrating TRI with other OPPT and Agency information
systems;
(5) developing and implementing policies and procedures for
EPCRA Trade Secrets; and
(6) supporting enforcement activities under EPCRA and PPA.
The Branch consists of two sections. The TRI Systems
Section is responsible for developing and maintaining automated
systems to process TRI submissions and provide access to TRI
data. The TRI Data Administration Section is responsible for
operating the TRC, dealing with EPCRA trade secrets, and
supporting enforcement activities.
-------
T8CA INFORMATION MANAGEMENT BRANCH
The TSCA Information Management Branch is responsible for
receiving, processing, managing, and protecting all TSCA CBI,
supporting other OPPT Divisions -in managing TSCA CBI and non-CBI,
and operating the OPPT public docket and reading room.
Responsibilities of the TSCA Information Management Branch
include:
(1) establishing and managing the TSCA Confidential Business
Information Center (CBIC) which manages TSCA CBI and serves
as the primary source of CBI data and documents;
(2) developing, implementing, and evaluating policies and
procedures for control and security of TSCA CBI including
developing the TSCA security manual, clearing employees for
access, and training Document Control Officers (DCOs);
(3) establishing and operating automated and non-automated
systems to track and control CBI documents within and
outside of OPPT;
(4) supporting the TSCA Security Officer in conducting
inspections of CBI facilities at EPA Headquarters, EPA
Regions, EPA laboratories, and contractor sites;
(5) establishing and operating a program to minimize
inappropriate CBI claims;
(6) establishing and operating the OPPT public docket and public
reading room which serve as the primary source of
information on OPPT rulemakings and other administrative
actions;
(7) supporting other OPPT divisions in establishing public
dockets;
(8) receiving public comments submitted in response to TSCA and
EPCRA rulemakings and administrative actions;
(9) establishing and operating the OPPT Document Processing
Center (DPC) which receives and processes information
submitted under TSCA;
(10) developing, operating, and maintaining automated and non-
automated information systems to process, store, search, and
make accessible confidential and non-confidential
information-submitted under TSCA;
(11) supporting other OPPT Divisions in collecting, storing,
maintaining and accessing information under TSCA, EPCRA, and
PPA;
(12) supporting other OPPT divisions in managing automated and
-------
non-automated information;
(13) providing policies, management and support for personal
computers and local area networks in OPPT;
• " ••«**• •*.!*."- „ • M
(14) supporting*enforcement activities under TSCA;
(15) coordinating, managing, and responding to all FOIA requests;
and , ,
(16) developing and implementing OPPT-wide strategies, policies,
and standards for information management technology, systems
development, data quality, data definitions, and records
management.
The Branch consists of two sections. The TSCA Systems
Section is responsible for developing and maintaining automated
systems to process and access TSCA confidential and non-
confidential information, providing OPPT-wide support for
personal computers and networks, and developing and implementing
standards for system development and data definitions.
The TSCA Data Administration Section is responsible for
management of confidential and non-confidential documents,
providing support for management of TSCA CBI, responding to all
FOIA requests, TSCA information security activities, and
maintaining and providing access to public dockets.
-------
INFORMATION ACCESS BRANCH
The Information Access Branch is responsible for developing
and marketing information products, outreach to EPA Regions,
states, local governments, and public interest groups, and
providing access to chemical information. Responsibilities of
the Information Access Branch include:
(1) developing TSCA and TRI information products and providing
them to the user community;
(2) training the user community in the use of TSCA and TRI
databases and information products;
(3) acting as a liaison with industry, states, academia,
environmental groups, and the general public on information
issues;
(4) providing a focal point for information available in all
OPPT databases, commercial databases, and other Agency and
international databases;
(5) developing and implementing policies and procedures for
disseminating chemical data to other Federal agencies, state
and local governments, Congress, environmental and public
interest groups, the general public, and other countries;
(6) working with the international chemical information
community to exchange information;
(7) providing information retrieval services that search
scientific literature and provide hardcopy and microfiche
copies of appropriate articles and reports to requestors;
and
(8) maintaining the OPPT chemical library, including a
collection of scientific literature relating to health and
environmental effects of chemicals.
The Branch consists of two sections. The Information
Products Section is responsible for development of information
products, outreach and marketing, training, and acting as a
liaison with industry, states, academia, environmental groups,
and the general public
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INFORMATION MANAGEMENT DIVISION
MAIL CODE: TS-793
IMMEDIATE OFFICE
Travers, Linda A., Director
Bonina, George A., Deputy Director
Younger, Mamie W., Secretary
Barber, Alma, AARP
Eichenwald, Carl
McLean, Sarsah M.
Smith, Delora Y., SIS
Wedderburn, Janette, AARP
Wheeler, Andrew R.
-TELEPHONE
260-3938
260-3759
260-3938
260-3938
260-3956
260-3982
260-3938
260-0649
260-3980
E108
E108
E108
E108
E118
E115
E108
E115
E117
INFORMATION ACCESS BRANCH
Funke, Odelia, Chief
Lewis, Monica
INFORMATION PRODUCTS SECTION
Nowak, Geraldine D., Acting Chief
Erickson, Janet L.
Flemming, Lisa I. Frisch
Goodman, Linda A.
Shepard, Gwendolyn
Smith, Elizabeth A.
Williams, Deborah A.
INFORMATION SERVICES SECTION
Brown, Gerhard E., Chief
Bradshaw, James C., Jr.
Delaney, Rosie M.
Dickerson, Karen Danfor
Richardson, Renee G.
Sterling, Settle F.
Sykes, Hattie B. j
OTS LIBRARY
260-9702
260-1524
260-2320
260-9389
260-1545
260-3679
260-1607
260-1633
260-4136
260-7248
260-1543
260-1546
260-1621
260-2321
260-1592
260-0556
260-3944
G012
B002
NEB002
NEB002
NEB002
E421
NEG004
NEG008A
NEB002
NEB002A
NEB002
NEB002
NEB013
NEB002
NEG008
NEB002P
NEG002
TRI INFORMATION MANAGEMENT BRANCH
Newburg-Rinn, Steven D., Chief
Richardson, Tonya J., Secretary
Begg, Mary J.
260-3757
260-3757
260-3757
NEG008C
NEG008
NEG008
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TRI DATA ADMINISTRATION SECTION
Sellers, Douglas W., Chief
Green, Elnora £., Secretary
Stewart, Yolanda t
Barbour, Joyce Ann
Hanley, Mary C.
Krause, Jennifer
Marcus, Evelyn L.
Orr, Kimberlie R.
Pelosky, Mark E.
Petersen, Janette
Rivers, Jackie, AARP
Stephens, Donna Y.
TRI SYSTEMS SECTION
Boyd, Ruby N., Chief
Bell, Mary, AARP
Diskin, Jack A.
Drew, Carl S.
Evans, Delores H.
Merrick, Eleanor T.
Rivers, Jackie
Wallace, William S.
260-3598
260-3587
160-1588 -
260-1632
260-1624
260-6687
260-1610
260-6238
On extended
260-1558
260-3587
260-7099
260-8387
260-1592
260-1613
260-4515
260-1625
260-1596
260-3587
260-8680
leave.
NEG004
NEG004
NEG004
NEG008
NEG008
NEG008
NEG004H
NEG004
'NEGOOS
NEG004
NEG004
NEG008D
NEG008
NEG008I
NEGOOS
NEG008
NEGOOS
NEG004
NEGOOS
TSCA INFORMATION MANAGEMENT BRANCH
Caesar, Frank V., Chief 260-0425
Bryan, Bessie M., Secretary 260-0425
Lewis, Cynthia 260-0425
Sherlock, Scott M. 260-4399
TSCA DATA ADMINISTRATION SECTION
Geer, Juanita Ann, Chief 260-1532
Cheatham, Anthony 260-1553
Gross, Edward 260-7795
Hammond, LaRona M. • 260-3886
Jones, Zenobia 260-1605
McDonald, Georglanne T. 260-4182
Pannell, Vanessa 260-3554
Ransey-Corney, Magoline, AAflT 260-1532
Repasch, Joni T. ' 260-1604
Roberts, Michel S. 260-1738
Sullivan, John J. 260-4183
Williams, Joyce R. 260-1656
Zelsman, Loren D. 260-1600
E114
E114
E114
E108
E205
E203
NEG004
E329
NEG008A
£202
E201A
E201
NEG004E
E201A
E202
NEB013
NEG004I
MS*
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TSCA SYSTEMS SECTION
Martin, Joanne M., Chief.
Bloch, Doris E.
Bryant, Voicetta 5.
Garnell, Wilson
Goosby, Everlyn R.
Huddleston, Donald J.
Petty, Eyvone
Smith, Leslie J.
Thornton, Carolyn C.
Vogel, Nancy
Wardell, Thomas
260-0431
260-5457
-260-7098
260-5696
260-1739
260-6386
260-1444
260-5696
260-8620
260-3480
260-0431
E214
E214
E214
E215
E113
E108
E202
E215
£116
E214G
E215
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POLLUTION PREVENTION DIVISION
Vacant A
Director
David Kling
Deputy Director
Prevention Integration
Branch
John Cross (Act)
Policy Analysis
Branch
James Craig
9/93
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POLLUTION PREVENTION DIVISION
The Pollution Prevention Division (PPD) has lead
responsibility within the Office-of Pollution Prevention and
Toxics for implementing the Office's responsibilities under
section 4(b) of the Pollution Prevention Act of 1990 (PPA).
PPD's responsibilities include both programmatic responsibi-
lities, and coordination with other Agency programs and Regional
offices.to promote pollution prevention. Specifically, it
includes:
(1) implementation (in cooperation and assistance from Regions)
of the Pollution Prevention State Grants Programs;
(2) develops and implements the pollution prevention Technical
Assistance Program (in cooperation with the Office of
Research and Development);
(3) implements the pollution prevention outreach program;
(4) develops Pollution Prevention Sector strategies;
(5) manages the development and implementation of the Agency
pollution prevention Training Program (in cooperation with
the Training Institute);
(6) develops and implements pollution prevention educational
initiatives;
(7) provides oversight of pollution prevention Model Community
Programs;
(8) promotes pollution prevention with international
organizations;
(9) develops and evaluates methods for Agency use in its
internal management systems to promote pollution prevention;
(10) coordinates OPPT's involvement in the Source Reduction
Review Project;
(11) develops measurement methodology using TRI data;
' <*
(12) serves as OPPT and Agency lead on labeling and environmental
marketing issues; and
(13) develops Reports to Congress as required under the PPA.
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PREVENTION INTEGRATION BRANCH
The Prevention Integration Branch:
(1) manages and implements .(in full cooperation and assistance
from the Regions) the Pollution Prevention State Grants
Programs; establishes eligibility criteria and conduct
competition for Pollution Prevention Grants; evaluates the
effectiveness of States' grant programs and effectiveness of
State program activities; establishes Regional
responsibilities and involvement in overseeing Grants and
working with States, including the PPITS (grants management
tracking system); and works through the Pollution Prevention
Policy Council, to establish criteria and procedures for
promoting Pollution Prevention through existing Agency grant
programs;
(2) manages the development and implementation (cooperatively
with ORD) of the pollution prevention Technical Assistance
Program, including development and implementation of the
pollution prevention Electronic Clearinghouse (PPIC and its
international component ICPIC); implementation of pollution
prevention Hotline; and development of a hard-copy pollution
prevention library;
(3) manages the development and implementation of the pollution
prevention Outreach Program, including publication of the
monthly pollution prevention newsletter, publication of the
pollution prevention Monthly Activity Report, coordination
with industry and environmental groups, and support for the
State Roundtable;
(4) coordinates with EPA Regional offices involved in pollution
prevention through work with Regional prevention contacts,
managing Regional extramural funds, establishing
expectations for Regional prevention programs, providing
support in the form of training, data, and policy guidance,
and assuring funding for Regional offices;
(5) coordinates and facilitates the development and
.implementation of Pollution Prevention Sector strategies for
agriculture, energy/transportation and the Federal sector;
(6) manages the development and implementation of the Agency
pollution prevention Training Program (cooperatively with
the EPA Training Institute and other program offices);
(7) assists in developing and implementing pollution prevention
educational initiatives, including, as appropriate, programs
at all levels including k-12 curricula, University-based
curricula, and professional education;
(8) assists in development and oversight of pollution prevention
Model Community Programs and provides pollution prevention
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POLLUTION PREVENTION DIVISION
NAIL CODE: PN-222B
IMMEDIATE OFFICE
Kling, David J., Director
Cross, John F., Deputy Director
Campbell, Lula, AARP
Corey, Olga, AARP
Little, Louise R. B.
Warren, Antoine
TELEPHONE
260-3557
260-3556
260-3557
260-6920
260-4341
260-3556
3134CY
3134CY
3134CY
3134CY
3134CY
3134CY
PREVENTION INTEGRATION BRANCH
Vacant, Chief
Adams, Denise
Gearhart, Diana Lynn
Anderson, Elizabeth
Bassett, David A.
Ehrensberger, Kathleen
HanIon, Deborah H.
Hann, Lena Lillian
Hayes, James E.
Mosley, Pamela
Shoaff, John
Wells, Harry W., Jr.
260-3675
260-4167
260-4167
260-2602
260-2720
260-7554
260-2726
260-2237
260-3557
260-2722
260-1831
260-4472
3134CY
3134CY
3134CY
3134CY
3134CY
3103CY
3134CY
3134CY
3134CY
3103CY
3103CY
3134CY
POLICY ANALYSIS BRANCH
Craig, James W., Chief
Davis, Yvonne Stancil, Secretary
Fege, David C.
Goidel, Eun-Sook
Lynch, Julie A.
Robison, John
Shannon, Julie L. &
Spitzer, Martin A. w
Tyson, Kathy Sue
Weiler, Edward M.
Woodman, Jocelyn Hayley
260-4168
260-4164
260-4164
260-3296
260-4000
260-3590
260-2736
260-4342
On extended
260-2996
260-4418
leave.
3134CY
3134CY
3134CY
3134CY
3134CY
3134CY
3134CY
3134CY
'3134CY
3134CY
MU5
-------
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input to Agency geographic initiatives; and
(9) works with several international organizations to promote
pollution prevention, including, as appropriate,
participation in OECD's Programme on Technology and
Environment, UNEP's Industry and Environment Office, support
for the International Cleaner Production Information
Clearinghouse, and informational exchange with various
governmental and non-governmental organizations.
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POLICY ANALYSIS BRANCH
The Policy Analysis Branch (PAB) is responsible for:
(1) ensuring that the Agency considers .the effects of its
existing and proposed programs on source reduction through
participating in efforts to track Agency Pollution
Prevention resources, developing and evaluating methods for
the Agency to use its internal management systems to promote
pollution prevention;
(2) encouraging source reduction through regulatory activities
by managing and coordinating OPPT involvement in the Source
Reduction Review Project; developing and providing training
and guidance for work group chairs and participants (inside
and outside OPPT); institutionalizing pollution prevention
into Agency regulatory development across programs; and
participating in regulatory development where PAB has
expertise;
(3) implementing the responsibilities of the Office under the
Pollution Prevention Act for data and measurement, including
development of measurement methodology using TRI data;
managing and coordinating the work of the Pollution
Prevention data advisory committee; coordinating TRI and the
RCRA Biennial report; working with TRIMS to incorporate
changes into TRI that promote pollution prevention; using
TRI data to assess source reduction progress; and
incorporating pollution prevention into program office
regulatory development data collection;
(4) serving as OPPT and Agency lead on labeling and
environmental marketing issues, including development and
implementation of the agency eco-labeling initiative and
environmental claims, and support as appropriate for the
Agency Consumer Sector strategy;
(5) conducting analyses for the promotion of pollution
prevention, including analyses in the following areas:
barriers and incentives, life cycle analysis, and total cost
accounting; and
(6) developing Reports to Congress required under the Pollution
'Prevention Act. +
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2003
Public Law 94-469
94th Congress
An Act
To regulate commerce and protect human health and the environment by Oct. II. 1976
requiring testing and r.'-cessary use restrictions on certain chemical substances, r« *IAO.I
. and for other purpose*. p. diwj
Be it enacted by the Senate and Howie of Representative* of the
United States of America in Coi>gret8 assembled, Toxic Substances
SECTION L SHORT TITLE AND TABLE OP CONTENTS. i?iwr
This Act may be cited as the "Toxic Substances Control Act".
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
See. 2. Findings, policy, and intent
Sec. 3. Definitions.
Ser. 4. Testing of chemical substances and mixtures.
Sec. 5. Manufacturing and processing notices.
Sec. tt. Regulation of hazardous chemical substances and mixtures.
Sec. 7. Imminent buzards.
Sec. 8. Reporting and retention of information.
Sec. 9. Relationship to other Federal laws.
Sec. 10. Research, development, collection, dissemination, and utilisation of data.
Svc. 11. Inspection* and subuoenus.
Her. 12. Exi>orts.
Sec. 13. Entry into customs territory of the United States.
Sec. 14. Dlaclfwureofdata.
See. 15. Prohibited acts.
Sec. 16. Penalties.
Sec. 17. Specific enforcement and soisure.
Sec. 18. Preemption.
8w. If). Judicial review.
See. 20. Citisen*' dril action*.
Sec. 21. Citizens' petition*.
See. 22. National defense wairer.
Sec. 23. Employee protection.
See. 24. Employment effect*.
Sec. 25. Studies.
Sec. 26. Administration of the Act
See. 27. Development and evaluation of test methods.
See 28. State program*.
Hec. 29. Authorisation for appropriation*.
Sec. 30. Annual report.
Bee. 81. Effective date.
SEC 2. FINDINGS, POLICY, AND INTENT.
(a) FINDINGS.— The Congress finds thatr- 15USC2601.
(1) human beings and the environment are being exposed each
year to a large number of chemical substances and mixtures ;
(2) among the many chemical substances and mixtures which
are constantly being developed and produced, there are some
whose manufacture, processing, distribution in commerce, use, or
disposal may present an unreasonable risk of injury to health or
the environment; and
(3) the effective regulation of interstate commerce in such
chemical substances and mixtures, also necessitates the regulation
of intrastate commerce in such chemical substances and mixtures.
(b) POLICY. — It is the policy of the United States that — '
( 1 ) adeauate data should be developed with respect to the 'effect
of chemical substances and mixtures on health and the environ*
-------
90 STAT. 2004
PUBLIC LAW 94-469—OCT. 11. 1976
15 USC 2602.
7 USC 136 Dote.
42 USC 2911
note.
26 USC 4181.
26 USC 4182.
4221.
21 USC 321.
21 USC 453.
21 USC 601.
21 USC 1033.
ment and that the development of such data should be the respon-
sibility of those who manufacture and those who process such
chemical substances and mixtures;
(2) adequate authority should exist to regulate chemical sub-
stances and mixtures which present an unreasonable risk of injury
to health or the environment, and to take action with respect to
chemical substances and mixtures which are imminent hazards;
and
(3) authority over chemical substances and mixtures should be
exercised in such a manner as not to impede unduly or create
unnecessary economic barriers to technological innovation while
fulfilling the primary purpose of this Act to assure that such inno-
vation and commerce in such chemical substances and mixtures
do not present an unreasonable risk of injury to health or the
environment.
(c) INTENT OF CONGRESS.—It is the intent of Congress that the
Administrator shall carry out this Act in a reasonable and prudent
manner, and that the Administrator shall consider the environmental,
economic, and social impact of any action the Administrator takes or
proposes to take under this Act.
SEC S. DEFINITIONS.
'As used in this Act:
(1) the term "Administrator" means the Administrator of the
Environmental Protection Agency.
(2) (A.) Except as provided in subparagraph (B), the term "chem-
ical substance" means any organic or inorganic substance of a particu-
lar molecular identity, including—
(i) any combination of such substances occurring in whole or
in part as a result of a chemical reaction or occurring in nature,
ana
(ii) any element or uncombined radical.
(B) Such term does not include—
(i) any mixture,
(ii) any pesticide fas defined in the Federal Insecticide, Fungi-
cide, and Kodenticide Act) when manufactured, processed, or
distributed 1^ commerce for use as a pesticide,
(iii) tobacco or any tobacco product,
(iv) any source material, special nuclear material, or byproduct
material (as such terms are denned in the Atomic Energy Act
of 1954 and regulations issued under such Act),
(v) any article the sale of which is subject to the tax imposed
by section 4181 of the Internal Revenue Code of 1954 (deter-
mined without regard to any exemptions from such tax provided
by section 4182 or 4221 or any other provision of such Code), and
(vi) any food, food additive, drug, cosmetic, or device (as such
terms are defined in section 201 of the Federal Food, Drug, and
Cosmetic Act) when manufactured, processed, or distributed in
commerce for use as a food, food additive, drug, cosmetic, or
device.
The term "food" as used in clause (vi) of this subparagraph includes
poultry and poultry products (as defined in sections 4(e) and 4(f)
of the Poultry Products Inspection Act), meat and meat food prod-
ucts (as defined in section l(j) of the Federal Meat Inspection Act),
and eggs and egg products (as defined in section 4 of the Egg Prod-
ucts Insnection Act).
(3) The term "commerce" means trade, traffic, transportation, or
other commerce (A) between a place in a State and any place outside
-------
PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2005
of such State, or (B) which affects trade, traffic, transportation, or
commerce described in clause (A).
(4) The terms "distribute in commerce" and "distribution in com-
merce" when used to describe an action taken with respect to a chem-
ical substance or mixture or article containing a substance or mixture
mean to sell, or the sale of, the substance, mixture, or article in com-
merce; to introduce or deliver for introduction into commerce, or the
introduction or delivery for introduction into commerce of, the sub-
stance, mixture, or article; or to hold, or the holding of, the substance,
mixture, or article after its introduction into commerce.
(5) The term "environment" includes water, air, and land and the
interrelationship which exists among and between water, air, and land
and all living things.
(6) The tenu "health and safety study" means any study of any
effect of a chemical substance or mixture on health or the environ-
ment or on both, including underlying data and epidemiological
stupes, studies of occupational exposure to a chemical substance or
mixture, toxicological, clinical, and ecological studies of a chemical
substance or mixture, and any test performed pursuant to this Act.
(7) The term "manufacture" means to import into the customs
territory of the United States (as defined in general headnote 2 of
the Tariff Schedules of the United States), produce, or manufacture. 19 USC 1202.
(8) The term "mixture" means any combination of two or more
chemical substances if the combination does not occur in nature and
is not, in whole or in part, the result of a chemical reaction; except
that such tenu does include any combination which occurs, in whole
or in part, as a result of a chemical reaction if none of the chemical
substances comprising the combination is a new chemical substance
and if the combination could have been manufactured for commer-
cial purposes without a chemical reaction at the time the chemical
substances comprising the combination were combined.
(9) The term "new chemical substance" means any chemical sub-
stance which is not included in the chemical substance list compiled
and published under section C (b). ,, Pott, p. 2027.
(10) The term "process" means the preparation of a chemical sub-
stance or mixture, after its manufacture, for distribution in
commerce—
(A) in the same form or physical state as, or in a different
form or physical state from, that in -which it was received by the
person so preparing such substance or mixture, or
(B) as part of an article containing the chemical substance
or mixture.
(11) The term "processor" means any person who processes a chemi-
cal substance or mixture.
(12) The term "standards for the development of test data" means
a prescription of—
(A)the-
(i) health and environmental effects, and
(ii) information relating to toxicity, persistence, and other
characteristics which affect health and the environment,
for which test data for a chemical substance or mixture are to
be developed and any analysis that is to be performed on such
data, and
(B) to the extent necessary to assure that data respecting such
effects and characteristics are reliable and adequate—
(i) the manner in which such data are to be developed,
(ii) the specification of any test protocol or methodology
to be employed in the development of such data, and
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90 STAT. 2006
PUBLIC LAW 94-469—OCT. 11, 1976
Rdw.
(iii) such other requirements as are necessary to provide
such assurance.
(13) The term "State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Canal Zone, American Samoa, the Northern
Mariana Islands, or any other territory or possession of the United
States.
(14) The term "United States", when used in the geographic sense,
means al I of the States.
SEC 4. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.
IS USC 2603. (a) TESTING RKQUIRKMENTS.—If the Administrator finds that—
(l)(A)(i) the manufacture, distribution in commerce, proc-
essing, use, or disposal of a chemical substance or mixture, or that
any combination of such activities, may present an unreasonable
risk of injury to health or the environment,
(ii) there are insufficient data and exper'01"^ upon which the
effects of such manufacture, distribution in conferee, processing,
use, or disposal of such substance or mixture or of any combina-
tion of such activities on health or the environment can reason-
ably 'be determined or predicted, and
(iii) testing of such substance or mixture with respect to such
effects is necessary to develop such data; or
(B) (i) a chemical substance or mixture is or will be produced
in substantial quantities, and (I) it enters or may reasonably be
anticipated to enter the environment in substantial quantities or
(II) there is or may be significant or substantial human exposure
to such substance or mixture,
(ii) there are insufficient data and experience upon which the
. effects of the manufacture, distribution in commerce, processing,
use, or disposal of such substance or mixture or of any combina-
tion of such activities on health or the environment can reason-
ably be determined or predicted, and
(iii) testing of such substance or mixture —ith respect to such
effects is necessary to develop such data; and
(2) in the case of a mixture, the effects which the mixture's
manufacture, distribution in commerce, processing, use, or dis-
posal or any combination of such activities may have on health or
the environment may not be reasonably and more efficiently deter-
mined or predicted by testing the chemical substances which com-
prise the mixture;
the Administrator shall by rule require that testing be conducted on
such substance or mixture to develop data with respect to the health
and environmental effects for which there is an insufficiency of data
and experience and which are relevant to a determination that the
manufacture, distribution in commerce, processing, use, or disposal
of such substance or mixture, or that any combination of such activities,
does or does not present an unreasonable risk of injury to health or
the environment.
(b)(l) TESTING REQUIREMENT RULE.—A rule uiider subsection (a)
shall include—
(A) identification of the chemical substance or mixture for
which testing is required under the rule,
(B) standards tor the development of test data for such sub-
stance or mixture, and
(C) with respect to chemical substances which are not new
rj-j-r--""— - chemical substances and to mixtures, a specification of the period
,. (which period may not be of unreasonable duration) within
Stoodinbfor
deretopnent'of
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2007
which the persons required to conduct the testing shall submit to
the Administrator data developed in accordance with the stand-
ards referred to in subparagraph (B).
In determining the standards and period to be included, pursuant to
subparagraphs (B) and (C), in a rule under subsection (a), the
Administrator's considerations shall include the relative costs of the
various test protocols and methodologies which may be required under
the rule and the reasonably foreseeable availability of the facilities
and personnel needed to perform the testing required under the rule.
Any such rule may require the submission to the Administrator of pre-
liminary data during the period pi-escribed under subparagraph (C).
(2) (A) The health and environmental effects for which standards
for the development of test data may be prescribed include carcino-
genesis, mutagenesis, teratogenesis, behavioral disorders, cumulative
or synergistic effects, and anv other effect which maypresent an unrea-
sonable risk of injury to health or the environment. The characteristics
nf chemical substances and mixtures for which such standards may
be prescribed include persistence, acute toxicity, subacute toxicity,
chronic toxicity, and any other characteristic which may present such
A risk. The methodologies that may be prescribed in such standards
include epidemiologic studies, serial or hierarchical tests, in vitro tests,
and whole animal tests, except that before prescribing epidemiologic
studies of employees, the Administrator shall consult with the Director
of the National Institute for Occupational Safety and Health.
(B) From time to time, but not less than once each 12 months, the Review of
Administrator shall review the adequacy of the standards for develop- *uadwd».
ment of data prescribed in rules under subsection (a) and shall, if
necessary, institute proceedings to make appropriate revisions of such
standards.
(3) (A) A rule under subsection (a) respecting a chemical substance
or mixture shall require the persons described in subparagraph (B)
to conduct tests ana submit data to the Administrator on such sub-
stance or mixture, except that the Administrator may permit two or
more of such persons to designate one such person or a qualified third
party to conduct such tests and submit such data on behalf of the per-
sons making the designation.
(B) The following persons shall be required to conduct tests and
submit data on a chemical substance or mixture subject to a rule under
subsection (a):
(i) Each person who manufactures or intends to manufacture
such substance or mixture if the Administrator makes a finding
described in subsection (a) (1) (A)(ii) or (a)(1)(B)(ii) with
respect to the manufacture of such substance or mixture.
(ii) Each person who processes or intends to process such sub-
stance or mixture if the Administrator makes a finding described
in subsection (a)(l) (A) (ii) or (a) (1) (B) (ii) with respect to
the processing of such substance or mixture.
(iii) Each person who manufactures or processes or intends to
manufacture or process such substance or mixture if the Adminis-
trator makes a finding described in subsection (a) (1) (A) (ii) or
(a) (1) (B) (ii) with respect to the distribution in commerce, use,
or disposal of such substance or mixture.
(4) Any rule under subsection (a) requiring the testing of and
submission of data for a particular chemical substance or mixture
shall expire at the end of the reimbursement period (as defined in sub-
section (c) (3) (B)) which is applicable to test data for such substance
or mixture unless the Administrator repeals the rule before such date;
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90 STAT. 2008
PUBLIC LAW 94-469—OCT. 11, 1976
Oral presentation
and written
TranjchpC
Publication.
Application.
Fair tod
Rule*.
and a rule under subsection (a) requiring the testing of and submission
of data for a category of chemical substances or mixtures shall expire
with respect to a chemical substance or mixture included in the cate-
gory at the end of the reimbursement period (as so defined) which is
applicable to test data for such substance or mixture unless the Admin-
istrator before such date repeals the application of the rule to such
substance or mixture or repeals the rule.
(5) Rules issued under subsection (a) (and any substantive amend-
ment thereto or repeal thereof) shall be promulgated pursuant to
section 553 of title 5, United States Code, except that (A) the Admin-
istrator shall give interested persons an opportunity for the oral pres-
entation of data, views, or arguments, in addition to an opportunity to
make written submissions; (B) a transcript shall be made of any oral
presentation; and (C) the Administrator shall make and publish with
the rule the findings described in paragraph (1)(A) or (1)(B) of
subsection (a) and, in the case of a rule respecting a mixture, the
finding described in paragraph (2) of such subsection.
(c) EXEMPTION.—(1) Any person required by a rule under subsec-
tion (a) to conduct tests and submit data on a chen.ical substance or
mixture may apply to the Administrator (in such form and manner
as the Administrator shall prescribe) for an exemption from such
requirement.
(2) If, upon receipt of an application under paragraph (1), the
Administrator determines that—
(A) the chemical substance or mixture with respect to which
such application was submitted is equivalent to a chemical sub-
stance or mixture for which data has been submitted to the Admin-
istrator in accordance with a rule under subsection (a) or for
which data is being developed pursuant to such a rule, and
(B) submission of data by the applicant on such substance or
mixture would be duplicative of data which has been submitted
to the Administrator in accordance with such rule or which is
being developed pursuant to such rule,
the Administrator shall exempt, in accordance with paragraph (3)
or (4), the applicant from conducting tests and submitting data on
such substance or mixture under the rule with respect to which such
application teas submitted.
(3) (A) If the exemption under paragraph (2) of any person from
the requirement to conduct tests and submit test data on a chemical
substance or mixture is granted on the basis of the existence of previ-
ously submitted test data and if such exemption is granted during the
reimbursement period for such test data (as prescribed by subpara-
graph (B)), then (unless such person and the persons referred to in
clauses (i) and (ii) agree on the amount and method of reimburse-
ment) the Administrator shall order the person granted the exemption
to provide fair and equitable reimbursement (in an amount deter-
mined under rules of the Administrator)—
(i) to the person who previously submitted sach test data, for
a portion of the costs incurred by such person in complying with
the requirement to submit such data, and
(ii) to any other person who has been required under this sub-
paragraph to contribute with respect to such costs, for a portion
of the amount such person was required to contribute.
In promulgating rules for the determination of fair and equitable1
reimbursement to the persons described in clauses (i) and (ii) for
costs incurred with respect to a chemical substance or mixture, the
Administrator shall, after consultation with the Attorney General
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PUBLIC LAW 94-469—OCT. 11, 1976
90 STAT. 2009
and the Federal Trade Commission, consider all relevant factors,
including the effect on the competitive position of the person required
to provide reimbursement in relation to the person to be reimbursed
and the share of the market for such substance or mixture of the per-
son required to provide reimbursement in relation to the share of such
market of the persons to be reimbursed. An order under this sub-
paragraph shall, for purposes of judicial review, be considered final
agency action.
(B) For purposes of subparagraph (A), the reimbursement period
for any test data for a chemical substance or mixture is a period—
(i) beginning on the date such data is submitted in accordance
with a rule promulgated under subsection (a), and
(ii) ending—
(I) five years after the date referred to in clause (i), or
(II) at the expiration of a period which begins on the date
referred to in clause (i) and which is equal to the period
which the Administrator determines was necessary to develop
such data,
whichever is later.
(4) (A) If the exemption under paragraph (2) of any person from
the requirement to conduct tests and submit test data on a chemical
substance or mixture is granted on the basis of the fact that test data
is being developed by one or more persons pursuant to a rule promul-
gated under subsection (a), then (unless such person and the persons
referred to in clauses (i) and (ii) agree on the amount and method
of reimbursement) the Administrator shall order the person granted
the exemption to provide fair and equitable reimbursement (in an
amount determined under rules of the Administrator)—
(i) to each such person who is developing such test data, for a
portion of the costs incurred by each such person in complying
with such rule, and
(ii) to any other person who has been required under this sub-
paragraph to contribute with respect to the costs of complying
with such rule, for a portion of the amount such person was
required to contribute.
In promulgating rules for,the determination of fair and equitable
reimbursement to the persons described in clauses (i) and (ii) for
costs incurred with respect to a chemical substance or mixture, the
Administrator shall, after consultation with the Attorney General and
the Federal Trade Commission, consider the factors described in the
second sentence of .paragraph (3) (A). An order under this subpara-
graph shall, for purposes of judicial review, be considered final agency
action.
(B) If any exemption is granted under paragraph (2} on the basis
of the fact that one or more persons are developing test data pursuant
to a rule promulgated under subsection (a) and if after such exemp-
tion is granted the Administrator determines that no such person has
complied with such rule, the Administrator shall (i) after providing
written notice to the person who holds such exemption and an oppor-
tunity for a hearing, by order terminate such exemption, and (ii)
notify in writing such person of the requirements of the rule with
respect to which such exemption was granted.
(d) NOTICE.—Upon the receipt of any ..test data pursuant to a rute
under subsection (a), the Administrator shall publish a notice of the
receipt of such data in the Federal Register within 15'days of its
receipt. Subject to section 14, each such notice shall (1) identify the
chemical substance or mixture for which data have been received;
(2) list the uses or intended uses of such substance or mixture and the
ReuBDUnenent
period.
Publication in <
Federal Refuter.
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90 STAT. 2010
PUBLIC LAW 94-469—OCT. 11, 1976
Aw, p. 2034.
Committee to
nuke
recommendation*
to
Administrator.
Recommenda-
tion*, list of
chemical
substances and
mixtures.
Publication in
Federal Register;
transmittal to
Administrator.
List revision,
publication in
information required by the applicable standards for the development
of test data; and (3) describe the nature of the teat data developed.
Except us otherwise provided in section 14, such data shall lx> made
available by the Administrator for examination by any person.
(e) PRIORITY LIST.—(1)(A) There is established a committee to
make recommendations to the Administrator .respecting the chemical
substances and mixtures to which the Administrator should give
priority consideration for the promulgation of a rule under subsec-
tion (a). In making such a recommendation with respect to any chem-
ical substance or mixture, the committee shall consider all relevant
factors, including—
(i) the quantities in which the substance or mixture is or will
be manufactured,
(ii) the quantities in which the substance or mixture enters or
will enter the environment,
(iii) the number of individuals whoare or will be exposed to the
substance or mixture in their places of employment and the dura-
tion of such exposure,
(iv) the extent to which human beings are or will *-: exposed to
the substance or mixture,
(v) the extent to which the substance or mixture is closely
related to a chemical substance or mixture which is known to
present an unreasonable risk of injury to health or the environ-
ment,
(vi) the existence of data concerning the effects of the substance
or mixture on health or the environment,
(vii) the extent to which testing of the substance or mixture
may result in the development of data upon which the effects of
the siiltttance or mixture on health or the environment can rea-
sonably be determined or predicted, and
(viii) the reasonably foreseeable availability of facilities and
personnel for performing testing on the substance or mixture.
The recommendations of the committee shall be in the form of a list
of chemical subst:—es rnd mixtures which shall be set forth, either by
individual sulstance or mixture or by groups of substances or mix-
tuces, in the order in which the committee determines the Administra-
tor should take action under subsection (a) with respect to the
substances and mixtures. In establishing such list, the committee shall
give priority attention to'those chemical substances and mixtures
which are known to cause or contribute to or which are suspected of
causing or contributing to cancer, gene mutations, or birth defects. The
committee shall designate chemical substances and mixtures on the list
with respect to which the committee determines the Administrator
should, within 12 months of the date on which such sutatances and
mixtures are first designated, initiate a proceeding under subsection
(a). The total number of chemical substances and mixtures on the list
which are designated under the preceding sentence may not, at any
time, exceed 50.
(B) As soon as practicable but not later than nine months after
the effective date of this Act. the committee shall publish in the Fed-
eral Register and transmit to the Administrator the list and designa-
tions required by subparagraph (A) together with the reasons for the
committee's inclusion of each chemical substance or mixture on the, list.
At least every six months after the date of the> transmission to the Ad-
ministrator of the list pursuant to the preceeding sentence, the commit-
tee shall make such revisions in the list as it determines to be necessary
and shall transmit them to the Administrator together with the com-
mittee's reasons for the revisions. Upon receipt of any such revision,
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PUBLIC LAW 94-469—OCT. 11, 1976
90STAT. 2011
Comment*.
Publication in
Federal Register.
the Administrator shall publish in the Federal Register the list with
such revision, the reasons for such revision, and the designations made
under subparagraph (A). The Administrator s'aall provide reasonable
opportunity to any interested person to file with the Administrator
written comments on the committee's list, any revision of such list
by the committee, and designations made by the committee, and shall
make such comments available to the public. Within the 12-month
period beginning on the date of the first inclusion on the list of a
chemical substance or mixture designated by the committee under sub-
paragraph (A) the Administrator shall with respect to such chemical
substance or mixture either initiate a rulemaking proceeding under
subsection (a) or if such a proceeding is not initiated within such
period, publish in the Federal Register the Administrator's reason for
not initiating such a proceeding.
(2) (A) The committee established by paragraph (1) (A) shall con- Membership
sist of eight members as follows:
(i) One member appointed by the Administrator from the
Environmental Protection Agency.
(ii) One member appointed by the Secretary of Labor from
officers or employees of the Department of Labor engaged in the
Secretary's activities under the Occupational Safety and Health
Act of 1970.
(iii) One member appointed by the Chairman of the Council
on Environmental Quality from the Council or its officers or
employees.
(iy) One member appointed by the Director of the National
Institute for Occupational Safety and Health from officers or
employees of the. Institute.
(v) One member appointed by the Director of the National
Institute of Environmental Health Sciences from officers or
employees of the Institute.
(vi) One member appointed by the Director of the National
Cancer Institute from officers or employees of the Institute.
' (vii) One member appointed by the Director of the National
Science Foundation from officers or employees of the Foundation.
(viii) One member appointed by the Secretary of Commerce
from officers or employees of the Department of Commerce.
(B) (i) An appointed member may designate an individual to serve
on the committee on the member's behalf. Such a designation may be
made only with the approval of the applicable appointing authority
and only if the individual is from the entity from which the member
was appointed.
(ii) No individual may serve as a member of the committee for more
than four years in the aggregate. If any member of the committee
leaves the entity from which the member was appointed, such member
may not continue as a member of the committee, and the member's
position shall be considered to be vacant. A vacancy in the committee
shall be filled in the same manner in which the original appointment
was made.
(iii) Initial appointments to the committee shall be made not later
than the 60th day after the effective date of this Act. Not later than
the 90th day after such date the members of tjje committee shall hold a
meeting for the selection of a chairperson from among their number.
(C)'(i) No member of the committee, or designee of such member,
shall accept employment or compensation from any person subject to
any requirement of this Act or of any rule promulgated or order issued
thereunder, for a period of at least 12 months after termination of
service on the committee.
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90 STAT. 2012
PUBLIC LAW 94-469—OCT. 11, 1976
Publication in
Federal Register.
S DSC 701.
PabUatkw a
Fedenl Register,
Poo, p. 2034.
IS USC 2604.
(ii) No person, while serving as a member of the committee, or des-
ignee of such member, may own any stocks or bonds, or have any
pecuniary interest, of substantial value in any person engaged in the
manufacture, processing, or distribution in commerce of any chemical
substance or mixture subject to any requirement of this Act or of any
rule promulgated or order issued thereunder.
(iii) The Administrator, acting through attorneys of the Environ-
mental Protection Agency, or the Attorney General may bring an
action in the appropriate district court of the United States to restrain
any violation of this subparagraph.
(D) The Administrator shall provide the committee such admin-
istrative support services as may be necessary to enable the committee
to carry out its function under this subsection.
(f ) REQUIRED ACTIONS. — Upon the receipt of —
(1) any test data required to be submitted under this Act, or
(2) any other information available to the Administrator,
which indicates to the Administrator that there may be a reasonable
basis to conclude that a chemical substance or mixture presents or will
present a significant risk of serious or widespread harm to human
beings from cancer, gene mutations, or birth defects, the Administra-
tor shall, within the 180-day period beginning on the date of the receipt
of such data or information, initiate appropriate action under section
5, 6, or 7 to prevent or reduce to a sufficient extent such risk or publish
in the Federal Register a finding that such risk is not unreasonable. For
good cause shown the Administrator may extend such period for an
additional period of not more than 90 days. The Administrator shall
publish in the Federal Register notice of any such extension and the
reasons therefor. A finding by the Administrator that a risk is not
unreasonable shall be considered agency action for purposes of judicial
review under chapter 7 of title 5, United States Code. This subsection
shall not take effect until two years after the effective date of this Act.
(g) PETITION FOR STANDARDS FOR THE DEVELOPMENT OF TEST DATA. —
A person intending to manufacture or process a chemical substance
for which notice is required under section 5 ( a) and who is not required
under a rule under subsection (a) to conduct tests and submit data
on such substance may petition the Administrator to prescribe stand-
ards for the development of test data for sucli substance. The Admin-
istrator shall by order either grant or deny any such petition within
60 days of its receipt If the petition is granted, the Administrator
shall prescribe such standards for such substance within 75 days oi
the date the petition is granted. If the petition is denied, the Admin-
istrator shall publish, subject to section 14, in the Federal Register the
reasons for such denial.
SEC 5. MANUFACTURING AND PROCESSING NOTICES.
(a) IN GENERAL. — (1) Except as provided in subsection (h), no
person may —
(A) manufacture a new chemical substance on or after the 30th
day after the date on which the Administrator first publishes the
list required by section 8 ( b ) , or
(B) manufacture or process any chemical substance for a use
which the Administrator has determined, in accordance with
paragraph (2) , is a significant new use,
unless such person submits to the Administrator, at least 90 days before
such manufacture or processing, a notice, in accordance with subsection
(d), of such person's intention to manufacture or process such sub-
stance and such person complies with any applicable requirement of
subsection (b).
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PUBLIC LAW 94-469— OCT. 11, 1976 90 STAT. 2013
(2) A determination by the Administrator that a use of a chemical
substance is a significant new use with respect to which notification
is required under paragraph (1) shall be made by a rule promulgated
after a consideration of all relevant factors, including —
(A) the projected volume of manufacturing and processing of
a chemical substance,
(B) the extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical
substance,
(C) the extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a
chemical substance, and
(D) the reasonably anticipated manner and methods of manu-
facturing. processing, distribution in commerce, and disposal of
a chemical substance.
(b) SUBMISSION OF TEST DATA. — (1) (A) If (i) a person is required
by subsection (a) (1) to submit a notice to the Administrator before
beginning the manufacture or processing of a chemical substance,
and (ii) such person is required to submit test data for such sub-
stance pursuant to a rule promulgated under section 4 before the
submission of such notice, such person shall submit to the Adminis-
trator such data in accordance with such rule at the time notice is
submitted in accordance with subsection (a) (1).
(B) If-
(i) a person is required by subsection (a.)(l) to submit a
notice to the Administrator, and
(ii) such person has been granted an exemption under section
4(c) from the requirements of a rule promulgated under section
4 before the submission of such notice,
such person may not, before the expiration of the 90 day period which
begins on the date of the submission in accordance with such rule of
the test data the submission or development of which was the basis
for the exemption, manufacture such substance if such person is
subject to subsection (a)(l)(A) or manufacture or process such
substance for a significant new use if the person is subject to subsection
(2) (A) If a person—
(i) is required by subsection (a) (1) to submit a notice to the
Administrator before beginning the manufacture or processing
of a chemical substance listed under paragraph (4), and
(ii) is not required by a rule promulgated under section 4
before the submission of such notice to submit test data for such
substance,
such person shall submit to the Administrator data prescribed by
subparagraph (B) at the time notice is submitted in accordance with
subsection (a)(l).
(B) Data submitted pursuant to subparagraph (A) shall be data
which the person submitting the data believes show that —
(i) in the case of a substance with respect to which notice is
required under subsection (a) (1) (A), the manufacture, process-
ing, distribution in commerce, use, and disposal of the chemical
substance or any combination of such activities will not present
an unreasonable risk of injury to health or the environment, or
(ii) in the case of a chemical substance with respect to which
notice is required under subsection (a)(l)(B), the intended
significant new use of the chemical substance will not present an
unreasonable risk of injury to health or the environment.
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90 STAT. 2014
PUBLIC LAW 94-469—OCT. 11, 1976
Onl
praeatttioo.
Transcript
PoblicatioB.
(3) Data submitted under paragraph (1) or (2) shall be made
Pott, p. 2034. available, subject to section 14, for examination by interested persona,
(4)(A)(i) The Administrator may, by rule, compile and keep
current a list of chemical substances with respect to which the
Administrator finds that the manufacture, processing, distribution in
commerce, use, or disposal, or any combination ox such activities,
presents or may present an unreasonable risk of injury to health or
the environment
(ii) In making a finding under clause (i) that the manufacture.
processing, distribution in commerce, use, or disposal of a chemical
substance or any combination of such activities presents or may present
an unreasonable risk of injury to health or the environment, the
Administrator shall consider all relevant factors, including—
(I) the effects of the chemical substance on health and the
magnitude of human exposure to such substance; and
(II) the effects of the chemical substance on the environment
and the magnitude of environmental exposure to such substance.
(B) The Administrator shall, in prescribing a rule under subpara-
graph (A) which lists any chemical substance, identify those uses,
if any, which the Administrator determines, by rule under subsection
(a) (2), would constitute a significant new use of such substance.
(C) Any rule under subparagraph fA), and any substantive
amendment or repeal of such a rule, shall be promulgated pursuant
to the procedures specified in section 553 of title 5, United States
Code, except that (n the Administrator shall give interested persons
an opportunity for the oral presentation of data, views, or arguments,
in addition to an opportunity to make written submissions, (ii) a
transcript shall be kept of any oral presentation, and (iii) the Admin-
istrator shall make and publish with the rule the finding described
in subparagraph (A).
(c) EXTENSION OF NOTICE PERIOD.—The Administrator may for
good cause extend for additional periods (not to exceed in the aggre-
gate 90 days) the period, prescribed by subsection (a) or (b) before
which the manufacturing or processing of a chemical substance sub-
Pnblkatioa !• ject to such subsection may begin. Subject to section 14, such an
Federal Regum. extension and the reasons therefor shall be published in the Federal
Register and shall constitute a final agency action subject to judicial
review.
(d) CONTENT or NOTICE ; PUBLICATIONS IN THB FEDERAL REGISTER.—
(1) The notice required by subsection (a) shall include—
(A) insofar as known to the person submitting the notice or
insofar as reasonably aacertainable, the information described in
subpantgrnphs (A), (B), (C), (D), (F), and (G) of section
8(aH2),and
(B) in such form and manner as the Administrator may pre-
scribe, any test data in the possession or control of the person
giving such notice which are related to the effect of any manu-
facture, processing, distribution in commerce, use, or disposal of
such substance or any article containing such substance, or of any
combination of such activities, on health or the environmentt and
(C) a description of any other data concerning the environ-
mental and health effects of such substance, insofar as known to
the person making the notice or insofar as reasonably aacertain-
able.
Such a notice shall be made available, subject to section 14, for exam-
ination by interested persons.
(2) Subject to section 14, not later than five days (excluding Satur-
days, Sundays and legal holidays) after the date of the receipt of a
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2015
notice under subsection (a) or of data under subsection (b), the
Administrator shall publish in the Federal Register a notice which—
(A) identifies the chemical substance for which notice or data
has been received;
(B) lists the uses or intended uses of such substance; and
(C) in the case of the receipt of data under subsection (b),
describes the nature of the tests performed on such substance and
any data which was developed pursuant to subsection (b) or a
rule under section 4.
A notice under this paragraph respecting a chemical substance shall
identify the chemical substance by generic class unless the Administra-
tor determines that more specific identification is required in the
public interest.
(3) At the beginning of each month the Administrator shall pub-
lish a list in the Federal Register of (A) each chemical substance for
which notice has been received under subsection (a) and for which
the notification period prescribed by subsection (a), (b), or (c) has not
expired, and (B) each chemical substance for which such notifica-
tion period has expired since the last publication in the Federal Regis-
ter of such list.
(e) REGULATION PENDING DEVELOPMENT OF INFORMATION.—(1) (A)
If the Administrator determines that—
(i) the information available to the Administrator is insuf-
ficient to permit a reasoned evaluation of the health and environ-
mental effects of a chemical substance with respect to which notice
is required by subsection (a) ; and
(ii)(I) in the absence of sufficient information to permit the
Administrator to make such an evaluation, the manufacture,
processing, distribution in commerce, use, or disposal of such
substance, or any combination of such activities, may present an
unreasonable risk of injury to health or the environment, or
(II) such substance is or will be produced in substantial quan-
tities, and such substance either enters or may reasonably be
anticipated to enter the environment in substantial quantities or
there is or may be significant or substantial human exposure to the
substance,
the Administrator may issue a proposed order, to take effect on the Proposed order.
expiration of the notification period applicable to the manufacturing
or processing of such substance under subsection (a), (b), or (c), to
prohibit or limit the manufacture, processing, distribution in com-
merce, use, or disposal of such substance or to prohibit or limit any
combination of such activities.
(B) A proposed order may not be issued under subparagraph (A)
respecting a chemical substance (i) later than 45 days before the
expiration of the notification period applicable to the manufacture or
processing of such substance under subsection (a), (b), or (c), and
(ii) unless the Administrator has, on or before the issuance of the
proposed order, notified, in writing, each manufacturer or processor,
as the case may be, of such substance of the determination which
underlies such order.
(C) If a manufacturer or processor of a chemical substance to be
subject to a proposed order issued under snbparagrnph (A) files with
the Administrator (within the 30-day period beginning on the date
such manufacturer or processor received the notice required by subpar-
agraph (B)(ii)) objections specifying with particularity the provi-
sions of the order deemed objectionable ana stating the grounds
therefor, the proposed order shall not take effect.
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90 STAT. 2016 PUBLIC LAW 94-469—OCT. 11, 1976
Injunction. (2)(A)(i) Except as provided in clause (ii), if with respect to a
application. chemical substance with respect to which notice is required by sulisec-
tion (a), the Adminictrator makes the determination described in
paragraph (1) (A) and if—
(I) the Administrator does not issue a proposed order under
paragraph (1) respecting such substance, or
(II) the Administrator issues such an order respecting such
substance but such order does not take effect because objections
were filed under paragraph (1) (C) with respect to it,
the Administrator, through attorneys of the Environmental Protection
Agency, shall apply to the United States District Court for the Dis-
trict of Columbia or the United States district court for the judicial
district in which the manufacturer or processor, as the case may be, of
such substance is found, resides, or transacts business for an injunction
to prohibit or limit the manufacture, processing, distribution in com-
merce, use, or disposal of such substance (or to prohibit or limit any
combination of such activities).
(ii) If the Administrator issues a proposed order under paragraph
\~ (1) (A) respecting a chemical substance but such order Joes not take
effect because objections have been filed under paragraph (1) (C) with
respect to it, the Administrator is not required to ap^ly for an injunc-
tion under clause (i) respecting such substance if the Administrator
determines, on the basis of such objections, that the determinations
under paragraph (1) (A) may not be made.
(B) A district court of the United States which receives an appli-
cation under subparagraph (A)(i) for an injunction respecting a
chemical substance shall issue such injunction if the court finds that—
(i) the information available to the Administrator is insufficient
to permit a reasoned evaluation of the health and environmental
effects of a chemical substance with respect to which notice is
required by subsection (a); and
(ii) (I) in the absence of sufficient information to permit the
Administrator to make such an evaluation, the manufacture, proc-
essing, distribution in commerce, use, or disposal of such
substance, or any combination of such activities, may present an
unreasonable risk of injury to health or the environment, or
(II) such substance is or will be produced in substantial quan-
tities, and such substance either enters or may reasonably be
anticipated to enter the environment in substantial quantities or
there is or may be significant or substantial human exposure to
the substance.
(C) Pending the completion of a proceeding for the issuance of an
injunction under subparagraph (B) respecting a chemical substance,
the court may, upon application of the Administrator made through
attorneys of the Environmental Protection Agency, issue a temporary
restraining order or a preliminary injunction to prohibit the manu-
facture, processing, distribution in commerce, use, or disposal of such
a substance (or any combination of such activities) if the court finds
that the notification period applicable under subsection (a), (b), or
(c) to the manufacturing or processing of such substance may expire
before such proceeding can be completed.
(D) After the submission to the Administrator of test data sufficient
to evaluate the health add environmental effects of a chemical sub-
stance subject to an injunction issued under subparagraph (B) and
the evaluation of such data by the Administrator, the district court
of the United States which issued such injunction shall, upon petition,
dissolve the injunction unless the Administrator, has initiated a pro-
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PUBLIC LAW 94-469—OCT. 11, 1976
90 STAT. 2017
ceeding for the issuance of a rule under section 6(a) respecting the
substance. If such a proceeding has been initiated, such court shalfcon-
tinue the injunction in effect until the effective date of the rule pro-
mulgated in such proceeding or, if such proceeding is terminated
without the promulgation of a rule, upon the termination of the pro-
ceeding, whichever occurs first.
(f) PROTECTION > GAINST UNREASONABLE RISKS!—(1)'It the Admin-
istrator finds that there is a reasonable basis to conclude that the manu-
facture, processing, distribution in commerce, use, or disposal of a
chemical substance with respect to which notice is required oy subsec-
tion (a), or that any combination of such activities, presents or will
present an unreasonable risk of injury to health or environment before
a rule promulgated under section 6 can protect against such risk, the
Administrator shall, before the expiration of the notification period
applicable under subsection (a), (b), or (c) to the manufacturing or
processing of such substance, take the action authorized by paragraph
(2) or (3) to the extent necessary to protect against such risk.
(2) The Administrator may issue a proposed rule under section Proposed rate.
6 (a) to apply to a chemical substance with respect to which a finding
was made under paragraph (1)—
(A) a requirement limiting the amount of such substance
which may be manufactured, processed, or distributed in
commerce,
(B) a requirement described in paragraph (2), (3), (4), (5),
(6), or (7) of section 6(a), or
(C) any combination of the requirements referred to in sub-
paragraph (B).
Such a proposed rule shall be effective upon its publication in the Fed-
eral Register. Section 6(d)(2)(B) shall apply with respect to such
rule.
(3) (A) The Administrator may—
(i) issue a proposed order to prohibit the manufacture, process- Proposed order.
ing, or distribution in commerce of a substance with respect to
which a finding was made under paragraph (1), or
(ii) apply, through attorneys of the Environmental Protection
Agency, to the United States District Court for the District of
Columbia or the United States district court for the judicial dis-
trict in which the manufacturer, or processor, as the case may be,
of such substan, o, is found, resides, or transacts business for an
injunction to prohibit the manufacture, processing, or distribu-
tion in commerce of such substance.
A proposed order issued under clause (i) respecting a chemical
substance shall take effect on the expiration of the notification period
applicable under subsection (a), (b), or (c) to the manufacture or
processing of such substance.
(B) If the district court of the United States to which an applica-
tion has been made under subparagraph (A) (ii) finds that there is a
reasonable basis to conclude that the manufacture, processing,
distribution in commerce, use, or disposal of the chemical substance
with respect to which such application was madt, or that any combina-
tion of such activities, presents or will present an unreasonable risk
of injury to health or the environment, before a rule promulgated
under section 6 can protect against such risk, the court shall issue
an injunction to prohibit the manufacture, processing, or distribution
in commerce of such substance or to prohibit any combination of such
activities.
Publication in
Federal Register.
Injunction
application.
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90 STAT. 2018
PUBLIC LAW 94-469—OCT. 11. 1976
Publication in
Federal Register.
Fair and
equitable
reimbursement.
(C) The provisions of subparagrapha (B) and (C) of subsection
(e) (1) shall apply with respect to an order issued under clause (i)
of subparagraph (A); and the provisions of subparagmph (C) of sub-
section (e) (2) shall apply with respect to an injunction issued under
subparagraph (B).
(D) If the Administrator issues an order pursuant to subparagraph
(A)(i) respecting a chemical substance and objections are filed in
accordance with subsection (e) (1) (C), the Administrator shall seek
an injunction under subparagraph (A) (ii) respecting such substance
unless the Administrator determines, on the basis of such objections,
that such substance does not or will not present an unreasonable risk
of injury to health or the environment.
(g) STATEMENT OF REASONS FOR Nor TAKING ACTION.—If the
Administrator has not initiated any action under this section or section
6 or 7 to prohibit or limit the manufacture, processing, distribution
in commerce, use, or disposal of a chemical substance, with respect to
which notification or data is required by subsection (a) (1) (B) or (b),
before the expiration of the notification period applicable to the manu-
facturing or processing of such substance, the Administrator shall
publish a statement of the Administrator's reasons fc. not initiating
such action. Such a statement shall be published in the Federal Reg-
ister before the exoiration of such period. Publication of such state-
ment in accordance with the preceding sentence is not a prerequisite
to the manufacturing or processing of the substance with respect to
which the statement is to be published.
(h) EXEMPTIONS.—(1) The Administrator may, upon application,
exempt any*person from any requirement of subsection (a) or (b) to
permit such person to manufacture or process a chemical substance
for test marketing purposes—
(A ) upon a showing by such person satisfactory to the Admin-
istrator that the manufacture, processing, distribution in
commerce, use, and disposal of such substance, and that any com-
bination of such activities, for such purposes will not present any
unreasonable risk of injury to health or the environment, and
(B) under such restrictions as the Administrator considers
appropriate.
(•2) (A) The Administrator may, upon application, exempt any per-
son from the requirement of subsection (b) (2) to submit data for a
chemical substance. If, upon receipt of an application under the pre-
ceding sentence, the Administrator determines that—
(i) the chemical substance with respect to which such applica-
tion was submitted is equivalent to a chemical substance for which
data has been submitted to the Administrator as required by sub-
section (b)(2),and
(ii) submission of data by the applicant on such substance
would be duplicative of data which has been submitted to the
Administrator in accordance with such subsection.
the Administrator shall exempt the applicant from the requirement
to submit such data on such substance. No exemption which is granted
under this subparagraph with respect to the submission of data for a
chemical substance may take effect before the beginning of the reim-
bursement period applicable to such data.
(B) If the Administrator exempts any person, under subparagraph
(A), from submitting data required under subsection fb)(2) for a
chemical substance because of the existence of previously submitted
data and if such exemption is gi anted during the reimbursement period
for such data, then (unless such person and the persons referred to in
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2019
clauses (i) and (ii) agree on t!'e amount and method of reimburse-
ment) the Administ rator shall order the person granted the exemption
to provide fair and equitable reimbursement (in an amount determined
under rules of the Administrator)—
(i) to the person who previously submitted the data on which
the exemption was based, for a portion of the costs incurred by
such person in complying with the requirement under subsection
(b) (2) to submit such data, and
(ii) to any other person who has been required under this sub-
paragraph to contribute with respect to such costs, for a portion
of the amount such person was required to contribute.
In promulgating rules for the determination of fair and equitable
reimbursement to the persons described in clauses (i) and (ii) for
costs incurred with respect to a chemical substance, the Administrator
shall, after consultation with the Attorney General and the Federal
Trade Commission, consider all relevant factors, including the effect
on the competitive position of the person required to provide reim-
bursement in relation to the persons to be reimbursed and the share of
the market for such substance of the person required to provide reim-
bursement in relation to the share of such market of the persons to be
. reimbursed. For purposes of judicial review, an order under this
subparagraph shaft be considered final agency action.
(C) For purposes of this paragraph, the reimbursement period for Reimbunement
any previously submitted data for a chemical substance is a period— period.
(i) beginning on the date of the termination of the prohibition,
imposed under this section, on the manufacture or processing of
such substance by the person who submitted such data to the
Administrator, and
(ii) ending—
(I) five years after the date referred to in clause (i), or
(II) at the expiration of a period which begins on the
date referred to in clause (i) ana is equal to the period which
the Administrator determines was necessary to develop such
data,
whichever is later.
(3) The requirements of subsections (a) and (b) do not apply with
respect to the manufacturing or processing of any *fr«arm«^ sub-
stance which is manufacturebfor processed, or proposed to be manu- ;
factored or processed, only in smaH quantities (as denned by the
Administrator by rule) solely for purposes of—
(A) scientific experimentation or analysis, or
(B) chemical research on, or analysis of such substance or
another substance, including such research or analysis for the
development of a product,
if all persons engaged in such experimentation, research, or analysis
for a manufacturer or processor are notified (in such form and manner
as the Administrator may prescribe) of any risk to health which the
manufacturer, processor, or the Administrator has reason to believe
may be associated with such chemical substance.
(4) The Administrator may, upon application and by rule, exempt
the manufacturer of any new chemical substance from all or part of
the requirements of this section if the Administrator determines that
the manufacture, processing, distribution in commerce, use, or dis-
posal of such chemical substance, or that any combination, of such
activities, will not present an unreasonable risk .of injury fb health or
the environment A rule promulgated under this paragraph (and any
substantive amendment to, or repeal of, such a rule) shall be promul-
gated in accordance with paragraphs (2) and (3) of section 6(c).
305-152 0-79-3
-US'
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90 STAT. 2020
PUBLIC LAW 94-469—OCT. 11, 1976
(5) The Administrator may, upon application, m..ke the require-
ments of subsections (a) and (b) inapplicable with respect to the
manufacturing or processing of any chemical substance (A) which
exists temporarily es a result of a chemical reaction in the manufac-
turing or processing of a mixture or another chemicJ substance, and
(B) to which there is no, and will not be, human or environmental
exposure.
Publication in (6) Immediately upon receipt of an application under paragraph
Federal Register, (i) or (5) the Administrator shall publish in the Federal Register
, Comment, notice of the receipt of such application. The Administrator shall give
interested persons an opportunity to comment upon any such applica-
tion and shall, within 45 days of its receipt, either approve or deny the
Publication in application. The Administrator shall publish in the Federal Register
Federal Register, notice of the approval or denial of such an application.
(i) DEFINITION.—For purposes of this section, the terms "manufac-
ture" and "process" mean manufacturing or processing for commercial
purposes.
SEC C. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND
MIXTURES.
15 USC *60S. (a) SCOPE OF KEOUUXTIOX.—If the Administrator finds that there in
a reasonable basis to conclude that the manufacture, processing, dis-
tribution in commerce, use, or disposal of a chemical substance or
mixture, or that any combination of such activities, presents or will
present an unreasonable risk of injury to health or the environment,
the Administrator shall by rule apply one or more of the following
requirements to such substance or mixture to the extent necessary to
protect adequately against such risk using the least burdensome
requirements:
(1) A requirement (A) prohibiting the manufacturing, process-
ing, or distribution in commerce of such substance or mixture, or
(B) limiting the amount of such substance or mixture which may
be manufactured, processed, or distributed in commerce.
(2) A requirement—
(A) prohibiting the manufacture, processing, or distribu-
tion in commerce of such substance or mixture for (i) a
particular use or (ii) a particular use in a concentration in
excess of a level specified by the Administrator in the rule
imposing the requirement, or
(B) limiting the amount of such substance or mixture
which may be manufactured, processed, or distributed in
commerce for (i) a particular use or (ii) a particular use
in a concentration in excess of a level specified by the
Administrator in the rule imposing the requirement.
(3) A requirement that such substance or mixture or any
article containing such substance or mixture be marked with or
accompanied by clear and adequate warnings and instructions
with respect to its use, distribution in commerce, or disposal or
with respect to any combination of such activities. The form and
content of such warnings and instructions shall be prescribed by
the Administrator.
(4) A requirement that manufacturers and processors of such
substance or mixture make and retain records of the processes
used to manufacture or process such substance or mixture and
monitor or conduct tests which are reasonable «nd necessary to
assure compliance with the requirements of any rule applicable
under this subsection.
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2021
(5) A requirement prohibiting or otherwise regulating any
manner or method of commercial use of such substance or
mixture.
(6) (A) A requirement prohibiting or otherwise regulating any
manner or method of disposal of such substance-or mixture, or
of any article containing such substance or mixture, by its manu-
facturer or processor or by any other person who uses, or disposes
of, it for commercial purposes.
(B) A requirement under subparagraph (A) may not require
any person to take an}- action which would be in violation of
any law or requirement of, or in effect for, a State or political
subdivision, and shall require each person subject to it to notify
each State and ]x>litical subdivision in which a required disposal
may occur of such disposal.
(7) A requirement directing manufacturers or processors of
such substance or mixture (A) to give notice of such unreasonable
risk of injury to distributors in commerce of such substance or
mixture and, to the extent reasonably ascertainable, to other per-
sons in possession of such substance or mixture or exposed to such
substance or mixture, (B) to give public notice of such risk of
injury, and (C) to replace or repurchase such substance or
mixture as elected by the person to which the requirement is
directed.
Any requirement (or combination of requirements) imposed under
this subsection may be limited in application to specified geographic
areas.
(b) QUALITY CONTROL.—If the Administrator has a reasonable
basis to conclude that a particular manufacturer or processor is manu-
facturing or processing a chemical substance or mixture in a manner
which unintentionally causes the chemical substance or mixture to
present or which will cause it to present an unreasonable risk of
injury to health or the environment—
(1) the Administrator may by order require such manufac-
turer or processor to submit a description of the relevant quality
control procedures followed in the manufacturing or processing
of such chemical substance or mixture; and
(2) if the Administrator determines—
(A) that such quality control procedures are inadequate
to prevent the chemical substance or mixture from presenting
such risk of injury, the Administrator may order the manu-
facturer or processor to revise such quality control procedures
to the extent necessary to remedy such inadequacy; or
(B) that the use of such quality control procedures has
resulted in the distribution in commerce of chemical substances
or mixtures which present an unreasonable risk of injury to
health or the environment, the Administrator may order the
manufacturer or processor to (i) give notice of such risk to
processors or distributors in commerce of any such sub-
stance or mixture, or to both, and, to the extent reasonably
ascertainable, to any other person in possession of or exposed
to any such substance, (ii) to give public notice of such risk,
and (iii) to provide such replacement or repurchase of any
such substance or mixture as is necessary to adequately pro-
tect ^ealth or the environment.
A determination under subparagraph (A) or (B) of paragraph (2) Hewing.
shall be made on the record after opportunity for hearing in accord-
ance with section 554 of title 5, United States Code. Any manufacturer
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90 STAT. 2022 PUBLIC LAW 94-469—OCT. 11, 1976
or processor subject to a requirement to replace or repurchase a chem-
ical substance or mixture may elect cither to replace or repurchase
the substance or mixture and shall take either such action in the man-
ner prescribed by the Administrator. ~
Statement. (c) PROMULGATION OK SUBSECTION (a) RULES.—(1) In promulgat-
publicatkm. ing any rule under subsection (a) with respect to a chemical substance
or mixture, the Administrator shall consider and publish a statement
with respect to—
(A) the effects of such substance or mixture on health and the
magnitude of the exposure of human beings to such substance or
mixture,
(B) the effects of such substance or mixture on the environment
and the magnitude of the exposure of the environment to such
substance or mixture,
(C) the benefits of such substance or mixture for various uses
and the availability of substitutes for such uses, and
(D) the reasonably ascertainable economic consequences of the
rule, after consideration of the effect on the national economy,
small business, technological innovation, the environment, and
public health.
If the Administrator determines that a risk of injury to health or the
environment could be eliminated or reduced to a sufficient extent by
actions taken under another Federal law (or laws) administered in
whole or in part by the Administrator, the Administrator may not
promulgate, a nde under subsection (a) to protect against such risk
of injury unless the Administrator finds, in the Administrator's dis-
cretion, that it is in the public interest to protect against such risk
under this Act. In making such a finding the Administrator shall con-
sider (i) all relevant aspects of the risk, as determined by the Adminis-
trator in the Administrator's discretion, (ii) a comparison of the
estimated costs of complying with actions taken under this Act and
under such law (or laws), and (iii) the relative efficiency of actions
under this Act and under such law (or laws) to protect against such
risk of injury.
(2) When prescribing a nde under subsection (a) the Adminis-
trator shall proceed in accordance with section 553 of title 5, United
States Code (without regard to any reference in such section to sec-
5 USC 556, 557. tions 556 and 557 of such title), and* shall also (A) publish a notice of
No*f** proposed nilemaking stating with particularity the reason for the
proposed rule; (B) allow interested persons to submit written data,
views, and arguments, and make all such submissions publicly avail-
^^ able; (C) provide an opportunity for an informal hearing in accord-
|!|""T'™1' ance with paragraph (3): (D) 'promulgate, if appropriate, a final
eanng. n||e Daserson is
entitled—
(i) to present such person's position orally or by docu-
mentary submissions (or both), and
(ii) if the Administrator determines that there are dis-
puted issues of material fact it is necessary to resolve, to
present such rebuttal submissions and to conduct (or have
conducted under subparagraph (B)(ii)) such crosS-examina-
qg*
view*,
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PUBLIC LAW 94-469—OCT. 11, 1976
90 STAT. 2023
tion of persons as the Administrator determines (I) to be
appropriate, and (II) to be required for a full and true dis-
closure with respect to such issues:
(B) The Administrator may prescribe such rules and make such Rules.
rulings concerning procedures in such hearings to avoid unneces-
sary costs or delay. Such rules or rulings may include (i) the
imposition of reasonable time limits on each interested person's -
oral presentations, and (ii) requirements that any cross-examina-
tion to which a person may be entitled under subparagraph (A)
be conducted by the Administrator on behalf of that person in such
manner as the Administrator determines (I) to be appropriate,
and (II) to be required for a full and true disclosure with respect
to disputed issues of material fact.
(C) (i) Except as provided in clause (ii), if a group of persons
each of whom under subparagraphs (A) and (B) would be
entitled to conduct (or have conducted) cross-examination and
who are determined by the Administrator to have the same or
similar interests in the proceeding cannot agree upon a single
representative of such interests for purposes of cross-examination,
the Administrator may make rules and rulings (I) limiting the
representation of such interest for such purposes, and (II) gov-
erning the manner in which such cross-examination shall be
limited.
(ii) When my person who is a member of a group with respect
to which the Administrator has made ii determination under
clause (i) is unable to agree upon group representation with the
other members of the group, then such person shall not be denied
under the authority of clause (i) the opportunity to conduct (or
have conducted) cross-examination as to issues affecting the per-
son's particular interests if (I) the person satisfies the Admin-
istrator that the person has made a reasonable and good faith
effort to reach agreement upon group representation with the
other members of the group and (II) the Administrator deter-
mines that there are substantial and relevant issues which are not
adequately presented by the group representative.
(D) A verbatim transcript .shall be taken of any oral presen- Verbatim
tation made, and cross-examination conducted in any informal transcript.
hearing under this subsection. Such transcript shall be available
to the public.
(4) (A) Tl.c ^ ^ministrntor may, pursuant to rules prescribed by the Compensation.
Administrator, pi o vide compensation for reasonable attorneys' fees,
expert witness fees, and other costs of participating in a rulemaking
proceeding for the promulgation of a rule under subsection (a) to
any person—
(i) who represents an interest which would substantially con-
tribute to a fair determination of the issues to be resolved in the
proceeding, and
(ii) if—
(I) the economic interest of such person is small in com-
parison to the costs of effective participation in the proceed-
ing by such person, or
(II) such person demonstrates to the satisfaction of the
Administrator that such person does not have sufficient
resources adequately to participate in the proceeding without
compensation under this subparagraph.
In determining for purposes of clause (i) if an interest will substan-
tially contribute to a fair determination of the issues to be resolved in
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90 STAT. 2024
PUBLIC LAW 94-469—OCT. 11, 1976
Publication in
Federal Register.
Notice.
a proceeding, tlx> Administrator shall take into account the number
and complexity of Mich issues and the extent to whiclr represent at ion
of siK-h interest will contribute to widespread public participation in
the proceeding and rrpresentation"of a fair balance of interests for
the resolution of such issues.
(B) In determining whether comix'iisatJon should be provided to
a |>erson under subparagraph (A) and tlte amount of such compensa-
tion, the Administrator shall take into account the financial burden
which will be incurred by such person in participating in the rule-
making proceeding. The Administrator shall take such action as
may be necessary to ensure that the aggregate amount of compensa-
tion paid under this paragraph in any fiscal year to all persons who,
in rulemaking proceedings in which they receive compensation, are
persons who either—
(i) would be regulated by the proposed rule, or
(ii) represent IXTSOIIS who would be so regulated,
may not exceed 25 per centum of the aggregate amount paid as com-
pensation under this paragraph to all persons in srch fiscal year.
(5) Paragraph (1), (2), (3), and (4) of this subsection apply
to the promulgation of a rule repealing, or making a substantive
amendment to, a rule promulgated under subsection (a).
(d) EFFECTIVE DATK.— (1) The Administrator shall specify in any
rule under sultsection (a) the date on which it shall take effect, which
date shall IK as soon as feasible.
(•2) (A) The Administrator may declare a proposed rule under sub-
section (a) to be effective upon its publication in the Federal Register
and until the effective date of final action taken, in accordance with
subparagraph (B), respecting such rule if—
(i) the Administrator determines that—
(I) the manufacture, processing, distribution in com-
merce, use, or disposal of the chemical substance or mixture
subject to such proposed rule or any combination of such
activities is likely to result in an unreasonable risk of serious
or widespread injury to health or the environment before
such effective date; and
(II) making such proposed rule so effective is necessary to
protect the public interest; and
(ii) in the case of a proposed rule to prohibit the manufacture,
processing, or distribution of a chemical substance or mixture
because of the risk determined under clause (i)(I), a court has
in an action under section 7 granted relief with respect to such
risk associated with such substance or mixture.
Such a proposed rule which is made so effective shall not, for pur-
poses of judicial review, be considered final agency action.
(B) If the Administrator makes a proposed rule effective u|x>n its
publication in the Federal Register, the Administrator shall, as expe-
ditiously as possible, give interested persons prompt notice of such
action, provide reasonable opportunity, in accordance with paragraphs
(2) and (3) of subsection (c), for a hearing on such rule, and either
promulgate such rule (as proposed or with modifications) or revoke
it; and if such a hearing is requested, the Administrator shall com-
mence the hearing within five days from the date such request is made
unless the Administrator and the person making the request agree
upon a later date for the hearing to begin, and after the hearing is
concluded the Administrator shall, within ten days of the conclusion
of the hearing, either promulgate such rule (as proposed or with
modifications) or revoke it.
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PUBLIC LAW 94-469—OCT. 11, 1976
90 STAT. 2025
(e) POLYCHLORINATED BIPHENYLS.—(1) Within six months after .Rules.
the effective date of this Act the Administrator shall promulgate
rules to— ""
(A) prescribe methods for the disposal of polychlorinated
biphenyls, and
(B) require polychlorinated biphenyls to.be marked with clear
and adequate warnings, and instructions with respect to their
processing, distribution in commerce, use, or disposal or with
ivsjject to any combination of such activities.
Requirements prescribed by rules under this paragraph shall be con-
sistent with the requirements of paragraphs (2) and (3).
(•2) (A) Except as; provided under subparagraph (B), effective .one .
year after the effective date of this Act no person may manufacture,
process, or distribute in commerce or use any polychlorinated biphenyl
in any manner other than in a totally enclosed manner.
(B) The Administrator may by rule authorize the manufacture,
processing, distribution in commerce or use (or any combination of
such activities) of any polyclilorinated biphenyl in a manner other than
in a totally enclosed manner if the Administrator finds that such manu-
facture, processing, distribution in commerce, or use (or combination
of such activities) will not present an unreasonable risk of injury to
health or the environment.
(C) For the purposes of this paragraph, the term "totally enclosed
manner" means any manner which will ensure that any exposure of
human beings or the environment to a polychlorinated biphenyl will
lie insignificant as determined by the Administrator by rule.
(3) (A) Except as provided in subparagraphs (B) and (C)—
(i) no person may manufacture any polychlorinated biphenyl
after two years after the effective date of this Act, and
(ii) no pei-son may process or distribute in commerce any poly-
chlorinated biphenyl after two and one-half years after such date.
(B) Any person may petition the Administrator for an exemption
from the requirements of subparagraph (A), and the Administrator
may grant by rule such an exemption if the Administrator finds
that—
(i) an unreasonable risk of injury to health or environment
would not result, and
(ii) good faith efforts have been made to develop a chemical
substance which does not present an unreasonable risk of injury
to health or the environment and which may be substituted for
such polychlorinated biphenyl.
An exemption granted under this subparagraph shall be subject to
such terms and conditions as the Administrator may prescribe and
shall be in effect for such period (but not more than one year fiv>m
the date it is granted) as the Administrator may prescribe.
(C) Subparagraph (A) shall not apply to the distribution in com-
merce of any polychlorinated biphenyl if such polychlorinated
biphenyl was sold for purposes other than resale before two and one
half years after the date of enactment of this Act.
(4) Any rule under paragraph (1), (2)(B), or (3)(B) shall be
promulgated in accordance with paragraphs (2), (3), and (4) of sub-
section (c).
(5) This subsection does not limit the authority of the Adminis-
trator, under any other provision of this Act or any other Federal law.
to take action respecting any polychlorinated biphenyl.
"Totally enclosed
manner."
Petition for
exemption.
Terms and
condition*.
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90 STAT. 2026
PUBLIC LAW 94-469—OCT. 11, 1976
Gvil action.
IS USC 2606.
Jurisdiction.
SEC. 7. IMMINENT HAZARDS.
(a) ACTIONS .AUTHORIZED AND RKQUIKED.—'I) The Administrator
may commence a civil action in an appropriate district court of the
United States—
(A) for seizure of an imminently hazardous chemical sub-
stance or mixture or any article containing such a substance or
mixture,
(B) for relief (as authorized by subsection (b)) against any
person who man u fact HITS, processes, distributes in commerce, or
uses, or disposes of, tin imminently hazardous chemical substance
or mixture or any article containing such a substance or mix-
ture, or
(C) for both such seizure and relief.
A civil action may be commenced under this paragraph notwith-
standing the existence of a rule under section 4, 5, or 6 or an order
miller section 5, and notwithstanding the pendency of any adminis-
trative or judicial proceeding under any provision of this Act.
(2) If the Administrator has not made a n»'» under section 6(a)
immediately effective (as authorized by subsection ?(d)(2)(A)(i))
with respect to an imminently hazardous chemical substance or mix-
ture, the Administrator shall commence in a district court of the United
States with respect to such substance or mixture or article containing
such substance or mixture a civil action described in subparagraph
(A), (B),or (C) of paragraph (1).
(b) RELIEF AUTHORIZED.—(1) The district court of the United
States in which an action under subsection (a) is brought shall have
jurisdiction to grant such temporary or permanent relief as may be
necessary to protect health or the environment from the unreasonable
risk associated with the chemical substance, mixture, or article involved
in such action.
(2) In the case of an action under subsection (a) brought against
a person who manufactures, processes, or distributes in commerce a
chemical substance or mixture or an article containing a chemical sub-
stance or mixture, the relief authorized by paragraph (1) may include
the issuance of a mandatory order requiring (Ax in the case of pur-
chasers of such substance, mixture, or article known to the defendant,
notification to such purchasers of the risk associated with it; (B) pub-
lic notice of such risk; (C) recall; (D) the replacement or repurchase
of such substance, mixture, or article; or (E) any combination of the
actions described in the preceding clauses. x
(3) In the case of an action under subsection (a) against a chemi-
cal substance, mixture, or article, such substance, mixture, or article
may be proceeded against by process of libel for its seizure and con-
demnation. Proceedings in such an action shall conform as nearly as
possible to proceedings in rem in admiralty.
(c) VENUE AND CONSOLIDATION.—(1) (A) An action under subsec-
tion (a) against a person who manufactures, processes, or distributes a
chemical substance or mixture or an article containing a chemical sub-
stance or mixture may be brought in the United States District Court
for the District of Columbia or for any judicial district in which any
of the defendants is found, resides, or transacts business; and process
in such an action may be served on a defendant in any other district
in which such defendant resides or may be found. An action under sub-
section (a) against a chemical substance, mixture, or article may be
brought in any United States district court within the jurisdiction of
which the substance, mixture, or article is found.
(B) In determining the judicial district in which an action may be
brought under subsection (a) in instances in which such action may
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2027
be brought in more than one judicial district, the Administrator shall
take into account the convenience of the parties.
(C) Subpeonas requiring attendance of witnesses in an action
brought under subsection (a) may be served in any judicial district.
(2) Whenever proceedings under subsection .(a) involving identi-
cal chemical substances, mixtures, or articles are pending in courts in
two or more judicial districts, they shall be consolidated for trial by
order of any such court upon application reasonably made by any
party in interest, upon notice to nil parties in interest.
(d) ACTION UNDER SECTION 6.—Where appropriate, concurrently
with the filing of an action under subsection (a) or as soon thereafter
as may be practicable, the Administrator shall initiate a proceeding
for the promulgation of a rule under section.6(a).
(e) REPRESENTATION.—Notwithstanding any other provision of law,
in any action under subsection (a), the Administrator may direct
attorneys of the Environmental Protection Agency to appear and
represent the Administrator in such an action.
(f) DmNvriON.—For the purposes of subsection (a), the term
"imminently hazardous chemical substance or mixture" means a chemi-
cal substance or ir.ixture which presents an imminent and unreason-
able risk of serious or widespread injury to health or the environment.
Such a risk to health or the environment shall be considered imminent
if it is shown that the manufacture, processing, distribution in com-
merce, use, or disposal of the chemical substance or mixture, or that any
combination of such activities, is likely to result in such injury to
health or the environment before a final rule under section 6'can
protect, npninst such risk.
SEC. 8. REPORTING AND RETENTION OF INFORMATION.
(a) REPORTS.—(1) The Administrator shall promulgate rules Rule*.
under which— , 15USC2607.
(A) each person (otlier than a small manufacturer or proc-
essor) who manufactures or processes or proposes to manufacture
or process a chemical substance (other than a chemical substance
described in subparagraph (B)(ii)) shall maintain such rec-
ords, and shall submit to the Administrator such reports, as the
Administrator may reasonably require, and
(B) each person (other than a small manufacturer or proc-
essor) who manufactures or processes or proposes to manufacture
or process—
(i) a mixture, or
(ii) a chemical substance in small quantities (as defined
by the Administrator by rule) solely for purposes of scientific
experimentation or analysis or chemical research on. or
analysis of, such substance or another substance, including
any such research or analysis for the development of a
* product,
shall maintain records and submit to the Administrator reports
but only to the extent the Administrator determines the main-
tenance of records or submission of reports, or both, is necessary
for the effective enforcement of this Act.
Th» Administrator may not require in a rule promulgated under this
paragraph the maintenance of records or the submission of reports
with respect to changes in the proportions of the components of a
mixture unless the Administrator finds that the' maintenance of such
records or the submission of such reports, or both, is necessary for
the effective enforcement of this Act. For purposes of the compilation
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90 STAT. 2028 PUBLIC LAW 94-469—OCT. 11, 1976
of the list ofchemical substances required under subsection (b), the
Administrator shall promulgate rules pursuant to this subsection not
later than 180 days after t he effective date of this Act.
(2) The Administrator may require under paragraph (1) mainte-
nance of records and reporting with respect to the following insofar
as known to the person making the report or insofar as reasonably
ascectainable:
(A) The common or trade name, the chemical identity, and the
molecular structure of each chemical substance or mixture for
which such a report is required.
(B) The categories or proposed categories of use of each such
substance or mixture.
(C) The total amount of each such substance and mixture
manufactured or processed, reasonable estimates of the total
amount to be manufactured or processed, the amount manufac-
tured or processed for each of its categories of use, and reasonable
estimates of the amount to be manufactured or processed for each
of its categories of use or proposed categories of use.
(D) A description of the byproducts resulting from the manu-
facture, processing, use, or disposal of each such substance or
mixture.
(£) Ail existing data concerning the environmental and health
effects of such substance or mixture.
(F) The number of individuals exposed, and reasonable esti-
mates of the number who will be exposed, to such substance or
mixture in their places of employment and the duration of such
' exposure.
(G) In the initial report under paragraph (1) on such substance
or mixture, the manner or method of its disposal, and in any
subsequent report on such substance or mixture, any change in
such manner or method.
To the extent feasible, the Administrator shall not require under
paragraph (1), any reporting which is unnecessary or duplicative.
(3) (A) (i) The Administrator may by rule require a small manu-
facturer or processor of a chemical substance to submit to the Admin-
istrator such information respecting the chemical substance as the
Administrator may require for publication of the first list of chemi-
cal substances required by subsection (b).
(ii) The Administrator may by rule require a small manufacturer
or processor of a chemical substance or mixture—
(I) subject to a rule proposed or promulgated under section 4,
5(b) (4), or 6, or an order in effect under section 5(e), or
(II) with respect to which relief has been granted pursuant to
a civil action brought under section 5 or 7,
to maintain such records on such substance or mixture, and to submit
to the Administrator such reports on such substance or mixture, as
the Administrator may reasonably require. A rule under this clause
requiring reporting may require reporting with respect to the matters
referred to in paragraph (2).
Standards. (B) The Administrator, after consultation with the Administrator
of the Small Business Administration, shall fay rule prescribe stand-
ards for determining the manufacturers and processors which qualify
as small manufacturers and processors for purposes of this paragraph
and paragraph (1).
(b) INVENTORY.—(1) The Administrator shall compile, keep cur-
rent, and publish a list of each chemical substance which is manufac-
tured or processed in the United States. Such list shall at least include
each chemical substance which any person reports, under section 5 or
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2031
administered by it to protect against such risk consult with the Admin-
istrator for the purpose of avoiding duplication of Federal action
against such risk.
(b) LAWS ADMINISTERED BY THE ADMINISTRATOR.—The Administra-
tor snail coordinate actions taken under this Act with actions taken
under other Federal laws administered in whole or in part by the
Administrator. If the Administrator determines that a risk to health or
the. environment associated with a chemical substance or mixture could
be eliminated or reduced to a sufficient extent by actions taken under
the authorities contained in such other Federal laws, the Administrator
shall use such authorities to protect against such risk unless the Admin-
istrator determines, in the Administrator's discretion, that it is in the
public interest to protect against such risk by actions taken under
this Act. This subsection shall not be construed: to relieve the Admin-
istrator of any requirement imposed on the Administrator by such
other Federal laws.
(c) OCCUPATIONAL SAFETY AND HEALTH.—In exercising any author-
ity under this Act, the Administrator shall not, for purposes of section
4(b)(l) of the Occupational Safety and Health Act of 1970, be 29USC651 note.
deemed to be exercising statutory authority to prescribe or enforce
standards or regulations affecting occupational safety and health.
(d) COORDINATION.—In administering this Act, the Administrator
shall consult and coordinate with the Secretary of Health, Education,
and Welfare and the heads of any other appropriate Federal execu-
tive department or agency, any relevant independent regulatory
agency, and any other appropriate instrumentality of the Federal Gov-
ernment for the purpose of achieving the maximum enforcement of this
Act vhile imposing the least burdens of duplicative requirements on
those subject to the Act and for other purposes. The Administrator
shall, in the report required by section 30, report annually to the
(Congress on actions taken to coordinate with such other Federal
departments, agencies, or instrumentalities, and on actions taken to
coordinate the authority under this Act. with the authority granted
under other Acts referred to in subsection (b).
SEC 10. RESEARCH. DEVELOPMENT, COLLECTION, DISSEMINATION.
AND UTILIZATION OF DATA.
(a) AUTHORITY.—The Administrator shall, in consultation and 15 USC 2609.
cooperation with the Secretary of Health, Education, and Welfare
and with other heads of appropriate departments and agencies, con-
duct such research, development, and monitoring as is necessary to
carry out the purposes of this Act. The Administrator may enter into
contracts and may make grants for research, development, and moni-
toring under this subsection. Contracts may be entered into under this
subsection without regard to sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529,14 U.S.C. 5).
(b) DATA SYSTEMS.—(1) The Administrator shall establish, admin-
ister, and be responsible for the continuing activities of an interagency
committee which shall design, establish, and coordinate an efficient and
effective system, within the Environmental Protection Agency, for
the collection, dissemination to other Federal departments and agen-
cies, and use of data submitted to the Administrator under this Act.
(2) (A) The Administrator shall, in consultation and cooperation
with the Secretary of Health, Education, and Welfare and other heads
of appropriate departments and agencies design, establish, and coordi-
nate an efficient and 'effective system for the retrieval of tpxicological
and other scientific data which could be useful to the Administrator in
carrying out the purposes of this Act. Systematized retrieval shall be
developed for use by all Federal and other departments and agencies
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90 STAT. 2032 PUBLIC LAW 94-469—OCT. 11, 1976
with responsibilities in the area of regulation or study of chemical
substances and mixtures and their effect on health or the environment.
(B) The Administrator, in consultation and cooperation with the
Secretary of Health, Education, and Welfare, may make grants and
enter into contracts for the development of a data retrieval system
described in subparagraph. (A). Contracts may be entered into under
this subparagraph without regard to sections 3648 and 3709 of the
Revised Statutes (31 U.S.C. 529,41 U.S.C. 5).
(c) SCREENING TECHNIQUES.—The Administrator shall coordinate,
with the Assistant Secretary for Health of the Department of Health,
Education, and Welfare, research undertaken by the Administrator
and directed toward the development of rapid, reliable, and economical
screening techniques for carcinogenic, mutagenic, teratogenic, and
ecological effects of chemical substances and mixtures.
(d) MONITORING.—The Administrator shall, in consultation and
cooperation with the. Secretary of Health, Education, and Welfare,
establish and be responsible for research aimed at the development, in
cooperation with local, State, and Federal agencies, of monitoring
techniques and instruments which may be used in the detection of toxic
chemical substances and mixtures and which are reliable, economical,
and capable of being implemented under a wide variety of conditions.
(e) BASIC RESEARCH.—The Administrator shall, in consultation and
cooperation with the Secretary of Health, Education, and Welfare,
establish research programs to develop the fundamental scientific basis
of the screening and monitoring techniques described in subsections
(c) and (d), the bounds of the reliability of such techniques, and the
opportunities for their improvement.
(f) TRAINING.—The Administrator shall establish and promote
programs and workshops to train or facilitate the training of Fe
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2033
tlie premises or conveyance inspected (including records, files, papers,
processes, controls, and facilities) bearing on whether the requirements
of this Act applicable to the chemical substances or mixtures within
such premises or conveyance have been complied with.
(2) No ins|>cctipn under subsection (a) snail extend to—
(A) financial data,
(B) sales data (other than shipment data),
(C) pricing data,
(D) personnel data, or
(E) research data (other than data required by this Act or
under a rule promulgated thereunder),
unless the nature and extent of such data are described with reasonable
specificity in the written notice required by subsection (a) for such
inspection.
(c) SriipOEN.vs.—In carrying out this Act, the Administrator n.ay
by subpoena require the attendance and testimony of witnesses un'd
tlu>. production of reports, papers, documents, answers to questions,
and other information that the Administrator deems necessary. Wit-
nesses shall be paid the same fees and mileage that are paid witnesses
in the courts 01 the United States. In the event of contumacy, failure,
or refusal of any person to obey any such subpoena, any district court'
of the United States in which venue is proper shall have jurisdiction
to order any such )>erson to comply with such subpoena. Any failure
to obey such an order of the court is punishable by the court as a con-
tempt thereof.
SEC 12. EXPORTS.
(a) IN GENERAL.—(1) Except as provided m paragraph (2) and 15USC2611.
subsection (b), this Act (other than section 8) shall not apply to any
chemical substance, mixture, or to an article containing a chemical
substance or mixture, if—
(A) it can be shown that such substance, mixture, or article is
being manufactured, processed, or distributed in commerce for
export from the United States, unless such substance, mixture, or
article was, in fact, manufactured, processed, or distributed in
commerce, for use in the United States, and ,
(H) such substance, mixture, or article (when distributed in
commerce), or any container in which it is enclosed (when so dis-
tributed^ boars a stamp or label stating thai s,.^h substance, mix-
ture, or article is intended for export.
(2) Paragraph (1) shall not apply to any cnemical substance, mix-
ture, or article if the Administrator finds that the substance, mixture, -
or article will present an unreasonable risk of injury to health within
the United States or to the environment of the United States. The
Administrator may require, under section 4, testing of any chemical
substance or mixture exempted from this Act by paragraph (1) for
the purpose of determining whether or not such substance or mixture
presents an unreasonable risk of injury to health within the United
States or to the environment of the United States. -
(b) NOTICE.—(1) If any person exports or intends to export to a
foreign country a cnemical substance or mixture for which the submis-
sion of data is required under section 4 or 5(b), such person shall
notify the Administrator of such exportation or intent to export and
the Administrator shall furnish to the government of such country
notice of the availability of the data submitted to the Administrator
under such section for such substance or mixture.
(2) If any person exports or intends to export to a foreign country
a chemical substance or mixture for which an order has been issued
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90 STAT. 2034 PUBLIC LAW 94-469—OCT. 11, 1976
under section 5 or a rule has l*en proposed or promulgated under sec-
tion 5 or 6, or with respect to which an action is pending, or relief has
been granted under section 5 or 7, such person shall notify the Admin-
istrator of such exportation or intent to export and the Administrator
shall furnish to the government of such country notice of such rule,
order, action, or relief.
SEC 13. ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES.
IS USC 2612. (a) Ix GKXERAI..—(1) The Secretary of the Treasury shall refuse
entry hito the customs territory of the United States (as defined in
19 USC 1202. general headnote 2 to the Tariff Schedules of the United States) of
any chemical substance, mixture, or article containing a chemical sub-
stance or mixture offered for such entry if—
(A) it fails to comply with any rule in effect under this Act, or
(B) it is offered for entry in violation of section 5 or 6, a rule or
order under section 5 or 6, or an order issued in a civil action
brought under section 5 or 7.
Notification. (2) If a chemical substance, mixture, or article is refused entry
under paragraph (1), the Secretary of the Treasury shall notify the
consignee of such entry refusal, shall not release it to the consignee,
and shall cause its disposal or storage (under such rules as the Secre-
tary of the Treasury may prescribe) if it has not been exported by the
consignee within 90 days from the date of receipt of notice of such
refusal, except that the Secretary of the Treasury may, pending a
review by the Administrator of the entry refusal, release to the con-
signee such substance, mixture, or article on execution of bond for the
amount of the full invoice of such substance, mixture, or article (as
such value is set forth in the customs entry), together with the duty
thereon. On failure to return such substance, mixture, or article for
any cause to the custody of the Secretary of the Treasury when
demanded, such consignee shall be liable to the United States for liqui-
dated damages equal to the full amount of such bond. All charges for
storage, cartage, and labor on and for disposal of substances, mixtures,
or articles which are refused entry or release under this section shall
be paid by the owner or consignee, and in default of such payment
shall constitute a lien against any future entry made by such owner or
consignee.
(b) RULES.—The Secretary of the Treasury, after consultation with
the Administrator, shall issue rules for the administration of subsec-
tion (a) of this section.
SEC 14. DISCLOSURE OF DATA.
IS USC 2613. (a) Ix GENERAL—Except as provided by subsection (b), any
information reported to, or otherwise obtained by, the Administrator
(or any representative of the Administrator) under this Act, which is
exempt from disclosure pursuant to subsection (a) of section 552 of
title 5, United States Code, by reason of subsection (b) (4) of such
section, shall, notwithstanding the provisions of any other section of
this Act, not l>e disclosed by the Administrator or by any officer or
employee of the United States, except that such information—
(1) shall be disclosed to any officer or employee of the United
States—
(A) in connection with.the official duties of such officer
or employee under any law for the protection of health or
the environment, or
(B) for specific law enforcement purposes;
(2) shall be disclosed to contractors with the United States and
employees of such contractors if in the opinion of the Administra*
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2035
tor such disclosure is necessary for the satisfactory performance
by the contractor of a contract with the United States entered into
on or after the date of enactment of this Act for the performance
of work in connection with this Act and under such conditions
as the Administrator may specify; . „„
(3) shall be disclosed if the Administrator determines it neces-
sary to protect health or the environment arrainst an unreasonable
risk of injury to health or the environment; or
(4) may be disclosed when relevant in any proceeding under
this Act, except that disclosure in such a proceeding shall be
made in such manner as to preserve confidentiality to the extent
practicable without impairing the proceeding.
In any proceeding under section 552(a) of title 5, United States Code,
to obtain information the disclosure of which has been denied because
of the provisions of this subsection, the Administrator may not rely on
section 55-2(b) (3) of such title to sustain the Administrator's action.
(b) DATA FROM HEALTH AND SAFETY STUDIES.—(1) Subsection (a)
docs not prohibit the disclosure of—
(A) any health and safety study which is submitted under this
Act with respect to-
ft) any chemical substance or mixture which, on the date
on which such study is to be disclosed has been offered for
commercial distribution, or
(ii) any chemical substance or mixture for which testing is
required under section 4 or for which notification is required
under section 5, and
(R) any data reported to. or otherwise obtained by. the Admin-
istrator from a health and safety study which relates to a chemical
substance or mixture described in clause (i) or (ii) of subpara-
graph (A).
This paragraph does not authorize the release of any data which dis-
closes processes used in the manufacturing or processing of a chemical
substance or mixture or, in the case of a mixture, the release of data
disclosing the portion of the mixture comprised by any of the chemical
substances in the mixture.
(2) If a request is'made to the Administrator under subsection (a)
of section 552 of title 5, United States Code, for information which is
described in the first sentence of paragraph (1) and which is not
information described in the second sentence of such paragraph, the
Administrator ..iay not deny such request on the basis of subsection
(b) (4) of such section.
(c) DKSMIXATIOX AND RKI.KASK OK COXKIDKXTIAL DATA.—(1) In sub-
mitting data under this Act, a manufacturer, processor, or distributor,
in commerce may (A) designate the data which such person believes
is entitled to confidential treatment under subsection (a), and (B)
submit such designated data separately from other data submitted
under this Act. A designation under this paragraph shall be made in
writing and in such manner as the Administrator may prescribe.
(2) (A) Except as provided by subparagraph (B), if the Adminis-
trator proposes to release for inspection data which has been desig-
nated under paragraph (1)(A), the Administrator shall notify, in
writing and by certified mail, the manufacturer, processor, or distrib-
utor in commeYce who submitted such data of the intent to release such
data. If the release of such data is to be made pursuant .to a request
made under section 5.V2(a) of title 5, United States Code, such notice
shall be given immediately upon approval of such request by the
Administrator. The Administrator may not release such data until
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90 STAT. 2036 PUBLIC LAW 94-469—OCT. 11, 1976
• he expiration of 30 days after the manufacturer, processor, or distrib-
utor in commerce submitting such data has received the notice required
by this subparagraph. """
Notification (B) (i) bubparagraph (A) shall not apply to the release of infor-
mation under paragraph (1), (2), (3), or (4) of subsection (a), except
that the Administrator may not release data under paragraph (3) of
subsection (a) unless'the Administrator has notified each manufac-
turer, processor, and distributor in commerce who submitted such data
of such release. Such notice shall be made in writing by certified mail
ut least 15 days before the release of such data, except that if the
Administrator determines that the release of such data is necessary
to protect agaiimt an imminent, unreasonable risk of injury to health
or the. environment, such notice may be made by such moans as the
Administrator determines will provide notice at least 24 hours before
such release is made.
(ii) Subparagraph (A) shall not apply to the release of information
described in subsection (b)fl) other than information described in
the second sertence of such subsection.
(d) CRIMINAL PKXALTV FOR WnoNcrrL DISCLOSURE.—(1) Any
officer or employee of the United States or former officer or employee
of the United States, who by virtue of such employment or official
l>osition has obtained possession of, or has access to, material the dis-
closure of which is prohibited by subsection (a), and who knowing
that disclosure of such material is prohibited by such subsection, will-
fully discloses the material in any manner to any person not entitled to
receive it, shall be guilty of a misdemeanor and fined not more than
$5.000 or imprisoned for not more than one year, or both. Section
1905 of title 18, United States Code, does not apply with respect to
the publishing, divulging, disclosure, or making known of, or making
available, information reported or otherwise obtained under this Act.
(2) For the purposes of paragraph (1), any contractor with the
United States who is furnished information as authorized by subsec-
tion (a) (2), and any employee of any such contractor, shall be con-
sidered to be an employee of the United States.
(e) ACCESS BY COXORESR.—Notwithstanding any limitation con-
tained in this section or any other provision of law, all information
reported to or otherwise obtained bv the Administrator (or any repre-
sentative of the Administrator) under this Act shall be made available,
upon written request of any duly authorized committee of the Con-
gress, to such committee.
SEC 15. PROHIBITED ACTS.
IS USC 2614. It shall be unlawful for any person to—
(1) fail or refuse to comply with (A) any rule promulgated or
order issued under section 4. (B) any requirement prescribed by
section 5 or 6, or (C) any mie promulgated or order issued under
section 5 or 6;
(2) use for commercial purposes a chemical substance or mix-
ture which such person knew or had reason to know was manufac-
tured, processed, or distributed in commerce in violation of section
.r» or 6, a rule or order under section 5 or 6, or an order issued in
action brought under section 5 or 7;
(3) fail or refuse to (A) establish or maintain records, (B)
submit reports, notices, or other information, or (C) permit access
to or copying of records, as required by tlys Act or a rule there-
under; or
(4) fail or refuse to permit entry or inspection as required by
section 11.
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PUBLIC LAW 94-469—OCT. 11. 1976
90 STAT. 2037
SEC 16. PENALTIES.
(a) CIVIL.—(1) Any person who violates a provision of section 15 15 USC 2615.
shall be liable to the United States for a civil penalty in an amount
not to exceed $25,000 for each such violation. Each day such a viola-
tion continues shall, for purposes of this subsection, constitute a sepa-
rate violation of section 15. - ..._
(2) (A) A civil penalty for a violation of section 15 shall be assessed Hearing.
by the Administrator by an order made on the record after oppor-
tunity (provided in accordance with this subparagraph) for a hearing
in accordance with section 554 of title 5, United States Code. Before
issuing such an order, the Administrator shall give written notice to
the person to be assessed a civil penalty under such order of the Admin-
istrator's proposal to issue such order and provide such person an
opportunity to request, within 15 days of the date the notice is received
by such person, such a hearing on the order.
(B) In determining the amount of a civil penalty, the Administra-
tor shall take into account the nature, circumstances, extent, and
gravity of the violation or violations and, with respect to the violator,
ability to pay, effect on ability to continue to do business, any history
of prior such violations, the degree of culpability, and such other
matters as justice may require.
(C) The Administrator' may compromise, modify, or remit, with
or without conditions, any civil penalty which may be imposed under
this subsection. The amount of such penalty, when finally determined,
or the amount agreed upon in compromise, may be deducted from
any sums owing by the United States to the person charged.
(3) Any person who requested in accordance with paragraph (2) Petition for
(A) a hearing respecting the assessment of a civil penalty and who is j»dici«l reriew.
aggrieved by an order assessing a civil penalty may file a petition for
judicial review of such order with the United States Court of Appeals
for the District of Columbia Circuit or for any other circuit in which
such person resides or transacts business. Such a petition may only be
filed within the 30-day period beginning on the date the order making
such assessment was issued.
(4) If any person fails to pay an assessment of a civil penalty—
(A) after the order making the assessment has become a final
order and if such person does not file a petition for judicial review
of the order in accordance with paragraph (3), or
(B) after a court in an action brought under paragraph (3)
has entered a final judgment in favor of the Administrator,
the Attorney General shall recover the amount assessed (plus interest
at currently prevailing rates from the date of the expiration of the 30-
day period referred to in paragraph (3) or the date of such final
judgment, as the case may be) in an action brought in any appropriate
district court of the United States. In such an action, the validity,
amount, and appropriateness of such penalty shall not be subject to
review. •
(b) CRIMINAL.—Any person who knowingly or willfully violates •
any provision of section 15 shall, in addition to or in lieu of any civil
penalty which may be imposed under subsection (a) of this section for
such violation, be subject, upon conviction, to a fine of not more than
$25,000 for each day of violation, or to ;mprisonment for not more
than one year, or both.
SEC 17. SPECIFIC ENFORCEMENT AND SEIZURE.
(a) SPECIFIC ENFORCEMENT.—(1) The district courts of the United 15 USC 2616.
States shall have jurisdiction over civil action? to—
(A) restrain any violation of section 15,
£61
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90 STAT. 2038 PUBLIC LAW 94-469—OCT. 11, 1976
(B) restrain any person from taking any action prohibited by
section 5 or 6 or by a rule or order under section 5 or 6,
(C) compel the taking of any action required by or under this
Act.or
(D) direct any manufacturer or processor of a chemical sub-
stance or mixture manufactured or processed in violation of sec-
tion 5 or 6 or a rule or order under section 5 or 6.and distributed
in commerce, (i) to give notice of such fact to distributors in
commerce of such substance or mixture and, to the extent reason-
ably ascertainable, to other persons in possession of such sub-
stance or mixture or exposed to such substance or mixture, (ii) to
give public notice of such risk of injury, and (iii) to either replace
or repurchase such substance or mixture, whichever the person to
which the requirement is directed elects.
(2) A civil action described in paragraph (1) may be brought—
(A) in the case of a civil action described in subparagraph (A)
of such paragraph, in the United States district court for the judi-
cial district wherein any act, omission, or transaction constituting
a violation of section 15 occurred or wherein the defendant is found
or transacts business, or
(B) in the case of any other civil action described in such para-
graph, in the United States district court for the judicial district
wherein the defendant is found or transacts business.
In any such civil action process may be served on a defendant in any
judicial district in which a defendant resides or may be found. Sub-
poenas requiring attendance of witnesses in any such action may be
served in any judicial district.
(b) SEIZURE.—Any chemical substance or mixture which was manu-
factured, processed, or distributed in commerce in violation of this Act
or any rule promulgated or order issued under this Act or any article
containing such a substance or mixture shall be liable to be proceeded
against, by process of libel for the seizure and condemnation of such
substance, mixture, or article, in any district court of the United States
within the jurisdiction of which such substance, mixture, or article is
found. Such proceedings shall conform as nearly as possible to proceed-
ings in rem in admiralty.
SEC 18. PREEMPTION.
15 USC 2617. (a) EFFECT ON STATE LAW.—(1) Except as provided in paragraph
(2), nothing in this Act shall affect the authority of any State or politi-
cal subdivision of a State to establish or continue in effect regulation
of any chemical substance, mixture, or article containing a chemical
substance or mixture.
(2) Except as provided in subsection (b)—
(A) if the Administrator requires by a rule promulgated under
section 4 the testing of a chemical substance or mixture, no State or
political subdivision may, after the effective date of such rule,
establish or continue in effect a requirement for the testing of such
substance or mixture for purposes similar to those for which test-
ing is required under such rule; and
(B) if the Administrator prescribes a rule or order under sec-
tion 5 or 6 (other than a rule imposing a requirement described
in subsection (a > (6) of section 6) which is applicable to a chemical
substance or mixture, and which is designed to protect against a
risk of injury to health or the environment aflsociatfid with such
substance or mixture, no State or political subdivision of a State
may, after the effective date of such requirement, establish or
continue in effect, any requirement which is applicable to such sab-
stance or mixture, or an article containing such substance or mix-
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PUBLIC LAW 94-469—OCT. 11, 1976
90 STAT. 2039
Petition.
15 USC 2618.
tare, and which is designed to protect against such risk unless such
requirement (i) is identical to the requirement prescribed by the
Administrator, (ii) is adopted under the authority of the Clean
Air Act or any other Federal law, or (iii) prohibits the use of such
substance or mixture in such State or political subdivision (other
than its use in the manufacture or processing of other substances
or mixtures). j
(b) EXEMPTION.—Upon application,of a State or political subdivi- Application.
sion of a State the Administrator may by rule exempt from subsection
(a) (2), under such conditions as may be prescribed in such rule, a
requirement of such State or political subdivision designed to protect
against a risk of injury to health or the environment associated with
a chemical substance, mixture, or article containing a chemical sub-
stance or mixture if— {{
(1) compliance with the requirement would not cause the
manufacturing, processing, distribution in commerce, or use of the.
substance, mixture, or article to be in violation of the applicable
requirement under this Act described! in subsection (a) (2), and
(2) the State or political subdivision requirement (A) provides
a significantly higher degree of protection from such risk than the
requirement under this Act described in subsection (a) (2) and
(B) does not, through difficulties in marketing, distribution, or
other factors, unduly burden interstate commerce.
SEC 19. JUDICIAL REVIEW. !
(a) IN GENERAL.—(1)(A) Not later than 60 days after the date
of the promulgation of a rule under section 4(a), 5(a)(2), 5(b)(4),
6(a), 6(e), or 8, any person may file a petition for judicial review of
such rule with the United States Court of Appeals for the District of
Columbia Circuit or for the circuit in which such person resides or in
which such person's principal place of business is located. Courts
of appeals of the United States shall have exclusive jurisdiction of
kny action to obtain judicial review (other than in an enforcement
(Proceeding) of such a rule if any district| court of the United States
would have had jurisdiction of such action but for this subparagrnph.
(B) Courts of appeals of the United States shall have exclusive
jurisdiction of any action to obtain judicial review (other thnn in an
enforcement proceeding) of an order issued under subparagraph (A)
or (B) of section 6(b) (1) if any district court of the United States
would have had jurisdiction of such action but for this subparagraph.
(2) Copies of any petition filed under paragraph (1)(A) shall be
transmitted forthwith to the Administrator and to the Attorney Gen-
oral by the clerk of the court with which such petition was filed. The
provisions of section 2112 of title 28, United States Code, shall apply
to the filing of the ruleniaking record of proceedings on which the
Administrator based the rule being reviewed under this section and to
the transfer of proceedings between United States courts of appeals.
(3) For purposes of this section, the j term "rulemaking record"
means— j|
(A) the rule being reviewed under this section;
(B) in the case of a rule under section 4 (a), the finding required
by such section, in the case of a rule under section 5(b) (4), the
finding required by such section, in the case of a ntle under section
6(a) the finding required by section 5(f) or 6(a), as the case may
be, in the case of a rule under section 6(a), the statement required
by section 6(c) (1), and*in the case of a rule under section 6(e),
; the findings required by paragraph! (2) (B) or (3) (B) of such
section, as the case may be; J;
Jurudiction.
Petition cupiet,
trans;nitul to
Admini-'-ator
and Attorney
General
"Rulemaking
record."
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90 STAT. 2040 PUBLIC LAW 94-469— OCT. 11, 1976
(G) any transcript required to be made of oral presentations
made in proceedings for the promulgation of such rule ;
(D) any written submission of interested parties respecting the
promulgation of such rule ; and
Notice, , (E) any other infonnation which the Administrator considers
to be relevant to such rule and which the Administrator identified,
Register. on or before the date of the promulgation of such rule, in a notice
published in the Federal Register. ,
(b) ADDITIONAL SUBMISSIONS AND PRESENTATIONS ; MODIFICATIONS. —
If m an action under this section to review a rule the petitioner or the
Administrator applies to the court for leave to make additional oral
submissions or written presentations respecting such rule and shows
to the satisfaction of the court that such submissions and presentations
would be material and that there were reasonable grounds for the sub-
missions and failure to make such submissions and presentations in
the proceeding before the Administrator, the court may order the
Administrator to provide additional opportunity to make such sub-
missions and presentations. The Administrator may modify .or set
aside the rule oeing reviewed or make a new rule by reason of the
additional submissions and presentations and shall file such modified
or new rule with the return of such submissions and presentations.
Review. The court shall thereafter review such new or modified rule.
(c) STANDARD or REVIEW.— -(!)( A) Upon the filing of a petition
under subsection (a) (1) for judicial review of a rule, the court shall
have jurisdiction (i) to grant appropriate relief, including interim
relief, as provided in chapter 7 of title 5, United States Code, and
(ii) except as otherwise provided in subparagraph (B), to review
such rule in accordance with chapter 7 of title 5, United States Code.
(B) Section 706 of title 5, United States Code, shall apply to review
of a rule under this section, except that —
(i) in the case of review of a rule under section 4(a), 5(b) (4),
6(a), or 6(e), the standard for review prescribed by paragraph
(2) (E) of such section 706 shall not apply and the court shall
hold unlawful and set aside such rule if the court finds that the
rule is not supported by substantial evidence in the rulemaking
record (as denned in subsection (a) (3)) taken as a whole;
(ii) in the case of review of a rule under section 6 (a), the court
shall hold unlawful and set aside such rule if it finds that —
(I) a determination by the Administrator under section
6(c) (3) that the petitioner seeking review of such rule is not
entitled to conduct (or have conducted) cross-examination or
to present rebuttal submissions, or
(II) a rule of, or ruling by, the Administrator under sec-
tion 6(c) (3) limiting such petitioner's cross-examination or
oral]
has precluded disclosure of disputed material facts which was
necessary to a fair determination by the Administrator of the
rulemaking proceeding taken as a whole; and section 706(2) (D)
shall not apply with respect to a determination, rule, or ruling
referred to in subclause (I) or (II); and
(iii) the court may not review the contents and adequacy of—
(I) any statement required to be made pursuant to section
6(cHl),or
(II) any statement of basis and purpose required by sec-
tion 553 (c) of title 5, United States Code, to be incorporated
in the rule
except as part of a review of the rulemaking record taken as a
whole.
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PUBLIC LAW 94-469—OCT. 11, 1976
90 STAT. 2041
The term "evidence" as used in clause (i) means any matter in the "Evidence."
rulemaking record.
(C) A determination, rule, or ruling of the Administrator described
in subparagraph (B)(ii) may be reviewed only in an action under
this section and only in accordance with such subparagraph.
(2) The judgment of the court affirming or setting aside, in whole
or in part, any rule reviewed in accordance with this section shall be
final, subject to review by the Supreme Court of the United States
upon certiorari or certification, as provided in section 1254 of title 28,
United States Code.
(d) FEES AND COSTS.—The decision of the court in an action com-
menced under subsection (a), or of the Supreme Court of the United
States on review of such a decision, may include an award of costs of
suit and reasonable fees for attorneys and expert witnesses if the court
determines that such an award is appropriate.
(e) OTHER REMEDIES.—The remedies as provided in this section shall
be in addition to and not in lieu of any other remedies'provided by law.
SEC. 20. CITIZENS' CIVIL ACTIONS.
(a) IN GENERAL.—Except as provided in subsection (b), any person 15 USC 2619.
may commence a civil action—
(1) against any person (including (A) the United States, and
(II) any other governmental instrumentality or agency to the
extent permitted by the eleventh amendment to the Constitution)
who is alleged to be in violation of this Act or any, rule promul-
gated under section 4, 5, or 6 or order issued under section 5
to restrain such violation, or
(2) against the Administrator to compel the Administrator
to perform any act or duty under this Act which is not discre-
tionary.
Any civil action under paragraph (1) shall be brought in the United
States district court for the district in which the alleged violation
occurred or in which the defendant resides or in which the defendant's
principal place of business is located. Any action brought under para-
graph (2) shall be brought in the United States District Court for
the District of Columbia, or the United States district court for the
judicial district in which the plaintiff is domiciled. The district courts Jurisdiction.
of the United Sta'es shall have jurisdiction over ~uits brought under
this section, wiu.out regard to the amount in controversy or the citizen-
ship of the parties. In any civil action under this subsection process
may be served on a defendant in any judicial district in which the
defendant resides or may be found and subpoenas for witnesses may
be served in any judicial district.
(b) LIMITATION.—No civil action may be commenced—
(1) under subsection (a) (1) to restrain a violation of this Act
or rule or order under this Act—
(A) before the expiration of 60 days after the plaintiff
has given notice of such violation (i) to the Administrator,
and (ii) to the person who is alleged to have committed such
violation, or
(B) if the Administrator has commenced and is diligently
prosecuting a proceeding for the issuance of an order under
section 16(a) (2) to require compliance with this Act or with
such rule or order or it the Attorney General has commenced
and is diligently prosecuting a civil action in a court of tlie
United States to require compliance ruth this Act or with_
6'ieh rule or order, but if such proceeding or civil action is
commenced after the giving of notice, any person giving such
notice may intervene as a matter of right in such proceeding
ora>tion;or
Notice.
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90 STAT. 2042 PUBLIC LAW 94-469—OCT. 11, 1976
Notice. (2) under subsection (a) (2) before the expiration of 60 days
after the plaintiff has given notice to the Administrator of the
alleged failure of the Administrator to perform an act or duty
which is the basis for such action or, in the case of an action under
such subsection for the failure of the Administrator to file an
action under section 7, before the expiration of ten days after
such notification.
Rule. Notice under this subsection shall be given in such manner as the
Administrator shall prescribe by rule.
(c) GENERAL.—(1) In any action under this section, the Adminis-
trator, if not a party, may intervene as a matter of right.
(2) The court, in issuing any final order in any action Drought pur-
suant to subsection (a), may award costs of suit and reasonable fees
for attorneys and expert witnesses if the court determines that such
an award is appropriate. Any court, in issuing its decision in an action
brought to review such an order, may award costs of suit and reason-
able fees for attorneys if the court determines that such an award
is appropriate.
(3) Nothing in thio section shall restrict any right, ,/hich any person
(or class of persons) may have under any statute or common law to
seek enforcement of this Act or any rule or order under this Act
or to seek any other relief.
(d) CONSOLIDATION.—When two or more civil actions brought under
subsection (a) involving the same defendant and the sajne issues or
violations are pending in two or more judicial districts, such pending
actions, upon application of such defendants to such actions which is
made to a court in which any such action is brought, may, if such court
in its discretion so decides, be consolidated for trial by order (issued
after giving all parties reasonable notice and opportunity to be heard)
of such court and tried in—
(1) any district which is selected by such defendant and in
which one of such actions is pending.
(2) a district which is agreed upon by stipulation between all
the parties to such actions and in which one of such actions is
. pending, or
(3) a district which is selected by the court and in which one
of such actions is pending.
The court issuing such an order shall give prompt notification of the
order to the other courts in which the civil actionb consolidated under
the order are pending.
SEC 21. CITIZENS' PETITIONS.
15 USC 2680. (a) IN GENEBAI*—Any person may petition the Administrator to
initiate a proceeding for the issuance, amendment, or repeal of a rule
under section 4, 6, or 8 or an order under section 5(e) or (6) (b) (2).
(b) PROCEDURES.—(1) Such petition shall be filed in the principal
office of the Administrator ana shall set forth the facts which it is
claimed establish that it is necessary to issue, amend, or repeal a rule
under section 4, 6, or 8 or an order under section 5(e), 6(b) (1) (A),
OT6(bm)(B)..
Pttbfe heuiag. (2) The Administrator may hold a public hearing or may conduct
such investigation or proceeding as the Administrator deems appro-
priate in order to determine whether or not such petition should be
granted.
(3) Within 90 days after filing of a petition described in paragraph
f 1), the Administrator shall either grant or deny the petition. If the
Administrator grants such petition, the Administrator shall promptly
50,
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PUBLIC LAW 94-469—OCT. 11. 1976 90 STAT. 2043
commence an appropriate proceeding in accordance with section 4,
5,6. or 8. If the Administrator denies such petition, the Administrator Publication in
shall publish in the Federal Register the Administrator's reasons federal Register.
for such denial.
(4) (A) If the Administrator denies a petition "filed under this Civil action.
section (or if the Administrator fails to grant or deny such petition
within the 90-day period) the petitioner may commence a civil action
in a district court of the United States to compel the Administrator
to initiate a rulemaking proceeding as requested in the petition. Any
such action shall be filed within 60 days after the Administrator's
denial of the petition or, if the Administrator fails to grant or deny
the petition within 90 days after filing the petition, within 60 days
after the expiration of the 90-day period.
(B) In an action under subparagraph (A) respecting a petition
to initiate a proceeding to issue a rule under section 4, 6, or 8 or an
order under section 5(e) or 6(b) (2), the petitioner shall be provided
an opportunity to have such petition considered by the court in a
de novo proceeding. If the petitioner demonstrates to the satisfaction
of the court by a preponderance of the evidence that—
(i) in the case of a petition to initiate a proceeding for the
issuance of a rule under section 4 or an order under section 5(e)—
(I) information available to the Administrator is insuffi-
cient to permit a reasoned evaluation of the health and
environmental effects of the chemical substance to be subject
to such rule or order; and
(II) in the absence of such information, the substance may
present an unreasonable risk to health or the environment,
or the substance is or will be produced in substantial quan-
tities and it enters or may reasonably be anticipated to enter
the environment in substantial quantities or there is or may
be significant or substantial human exposure to it; or
(ii) in the case of a petition to initiate a proceeding for the
issuance of a rule under section 6 or 8 or an order under section
6(b) (2), there is a reasonable basis to conclude that the issuance
of such a rule or order is necessary to protect health or the
environment against an unreasonable risk of injury to health or
the environment.
the court shall order the Administrator to initiate the action requested
by the petitioner. If the court finds that the extent of the risk to
health or the environment alleged by the petitioner is less than the
extent of risks to health or the environment with respect to which
the Administrator is taking action under this Act and there are
insufficient resources available to the Administrator to take the action
requested by the petitioner, the court may permit the Administrator
to defer initiating the action requested by the petitioner until such time
as the court prescribes.
(C) The court in issuing any final order in any action brought pur-
suant to subparagraph (A) may award costs of suit and reasonable
fees for attorneys and expert witnesses if the court determines that
such an award is appropriate. Any court, in issuing its decision in an
action brought to review such an order, may award costs of suit and
reasonable fees for attorneys if the court determines that such an
award is appropriate.
(5) The remedies under this section shall be in addition to, and not
in lieu of, other remedies provided by law.
50}
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90 STAT. 2044
PUBLIC LAW 94-469—OCT. 11, 1976
Publication in
Federal Register.
Notice to
eongmuonal
Notification.
InTeatigatioo.
Notification.
SEC 22. NATIONAL DEFENSE WAIVER.
IS USC 2621. The Administrator shall waive compliance with any provision of
this Act upon a request and determination by the President that the
requested waiver is'necessary in the interest of national defense. The
Administrator shall maintain a written record of the basis upon
which such waiver was granted and make such record available for in
camera examination when relevant in a judicial proceeding under
this Act. Upon the issuance of such a waiver, the Administrator shall
publish in the Federal Register a notice that the waiver was granted
for national defense purposes, unless, upon the request of the Presi-
dent, the Administrator determines to omit such publication because
the publication itself would be contrary to the interests of national
defense, in which event the Administrator shall submit notice thereof
to the Armed Services Committees of the Senate and the House of
Representatives.
SEC 23. EMPLOYEE PROTECTION.
15 USC 2622. (a) IN GENERAL.—No employer may discharge any employee or
otherwise discriminate against any employee with respect to the
employee's compensation, terms, conditions, or privileges of employ-
ment because the employee (or any person acting pursuant to a request
of the employee) has—
(1) commenced, caused to be commenced, or is about to com-
mence or cause to be commenced a proceeding under this Act;
(2) testified or is about to testify in any such proceeding; or
(3) assisted or participated or is about to assist or participate
in any manner in such a proceeding or in any other action to \
carry out the purposes of this Act
(b) REMEDY.—(1) Any employee who believes that the employee
has been discharged or otherwise discriminated against by any person
in violation of subsection (a) of this section may, within 30 days after
such alleged violation occurs, file (or have any person file on the
employee's behalf) a complaint with the Secretary of Labor (here-
inafter in this section referred to as the "Secretary") alleging such
discharge or discrimination. Upon receipt of such a complaint, the
Secretary shall notify the person named in the complaint of the filing
of the complaint.
(2) (A) Upon receipt of a complaint filed under paragraph (1), the
Secretary shall conduct an investigation of the violation alleged in the
complaint. Within 30 days of the receipt of such complaint, the Secre-
tary shall complete such investigation and shall notify in writing the
complainant (and any person acting on behalf of the complainant)
and the person alleged to have committed such violation 'of the results
of the investigation conducted pursuant to this paragraph. Within
ninety days of the receipt of such complaint the Secretary shall, unless
the proceeding on the complaint is terminated by the Secretary on the
basis of a settlement entered into by the Secretary and the person
alleged to have committed such violation, issue an order either pro-
viding the relief prescribed by subparagraph (B) or denying the
Notice, hearing. complaint. An order of the Secretary shalfbe made on the record after
notice and opportunity for. agency hearing. The Secretary may not
enter into a settlement terminating a proceeding on a complaint with-
out the participation and consent of the complainant.
(B) If in response to a complaint filed under paragraph (1) the
Secretary determines that a violation of subsection (a) of this section
has occurred, the Secretary shall order (i) the person who committed i
such violation to take affirmative action to abate the violation, (ii)
67*
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2045
such person to reinstate the complainant to the complainant's former
position together with the compensation (including back pay), terms,
conditions, and privileges of the complainant's employment, (lii) com-
pensatory damages, and (iv) where appropriate, exemplary damages.
If such an order issued, the Secretary, at the request of the complain-
ant, shall assess against the person against whom the order is issued a
sum equal to the aggregate amount of all costs and expenses (including
attorney's fees) reasonably incurred, as determined oy the Secretary,
by the complainant for, or in connection with, the bringing of the com-
plaint upon which the order was issued.
(c) REVIEW.—(1) Any employee or employer adversely affected or
aggrieved by an order issued under subsection (b) may obtain review
of the order in the United States Court of Appeals for the circuit in
which the violation, with respect to which the order was issued,
allegedlv occurred. The petition for review must be filed within sixty
days from the issuance of the Secretary's order. Review shall conform
to chapter 7 of title 5 of the United States Code.
(2) An order of the Secretary, with respect to which review could
have been obtained under paragraph (l), shall not be subject to
judicial review in any criminal or other civil proceeding.
(d) ENFORCEMENT.—Whenever a person has failed to comply with
an order issued under subsection (b) (2), the Secretary shall file a civil
action in the United States district court for the district in which the
violation was found to occur to enforce such order. In actions brought
under this subsection, the district courts shall have jurisdiction to
grant all appropriate relief, including injunctive relief and compensa-
tory and exemplary damages. Civil actions brought under this sub-
section shall be heard and decided expeditiously.
(e) EXCLUSION.—Subsection (a) of this section shall not apply with
respect to any employee who, acting without direction from the
employee's employer (or any agent of the employer), deliberately
causes a violation of any requirement of this Act.
SEC. 24. EMPLOYMENT EFFECTS.
(a) IN GENERAL.—The Administrator shall evaluate on a continuing Evafautioa.
basis the potential effects on employment (including reductions in IS DSC 2625.
employment or loss of employment from threatened plant closures)
of—
(1) the issuance of a rule or order under section 4,5, or 6, or
(2) a requirement of section 5 or 6.
(b)(l) INVESTIGATIONS.—Any employee (or any representative^of
an employee) may request the Administrator to make an investigation
of—
(A) a discharge or layoff or threatened discharge or layoff of
the employee, or
(B) adverse or threatened adverse effects on the employee's
employment,
allegedly resulting from a rule or order under section 4, 5, or 6 or ft
requirement of section 5 or 6. Any such request shall be made in writ-
ing, shall set foith with reasonable particularity the grounds for the
request, and shall be signed by the employee, or representative of such
employee, making the request
(2) (A) Upon receipt of a request made in accordance with para- Poblfc I
graph (1) the Administrator shall (i) conduct the investigation
requested, and (ii) if requested by any interested person, hold public
hearings on any matter involved in the investigation unless the Admin-
istrator, by order issued within 45 days of the date such hearings are
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90 STAT. 2046
PUBLIC LAW 94-469—OCT. 11, 1976
Notification.
Publication in
Federal Register.
Reooaunenda-
15 USC 2624.
Sabmittal to
Coagma.
GAO reriew.
Consohatioa.
Report to
Congreaa.
15 USC 2625.
requested, denies the request for the hearings because the Adminis-
trator determines there are no reasonable grounds for holding such
hearings. If the Administrator makes such a determination, the
Administrator shall notify in writing the persor. requesting the hear-
ing of the determination and the reasons therefor ana shall publish the
determination and the reasons therefor in the Federal Register.
(B) If public hearings are to be held on any matter involved in an
investigation conducted under this subsection—
(i) at least five days' notice shall be provided the person mak-
ing the request for the investigation and any person identified in
such request,
(ii) such hearings shall be held in accordance with section
6(c)(3), and
(lii) each employee who made or for whom was made a request
for such hearings and the employer of such employee shall be
required to present information respecting the applicable matter
referred to in paragraph (1)(A) or (1)(B) together with the
basis for such information.
(3) Upon completion of an investigation under paragraph (2), the
Administrator shall make findings of fact, shall make such recom-
mendations as the Administrator deems appropriate, and shall make
available to the public such findings and recommendations.
(4) This section shall not be construed to require the Administrator
to amend or repeal any rule or order in effect under this Act
SEC 25. STUDIES.
(a) INDEMNIFICATION STUDY.—The Administrator shall conduct a
study of all Federal laws administered by the Administrator for the
purpose of determining whether and under what conditions, if any,
indemnification should oe accorded any person as a result of any action
taken by the Administrator under any such law. The study shall—
(1) include an estimate of the probable cost of any indemnifica-
tion programs which may be recommended;
(2) include an examination of all viable means of financing the
cost of any recommended indemnification; and
(3) be completed and submitted to Congress within two years
from the ctfc rtive date of enactment of this Act
The General Accounting Office shall review the adequacy of the study
submitted to Congress pursuant to paragraph (3) and shall report the
results of its review to the Congress within six months of the date
such study is submitted to Congress.
(b) CLASSIFICATION, STORAGE, AND RETRIEVAL STUDY.—The Council
on Environmental Quality, in consultation with the Administrator,
the Secretary of Health, Education, and Welfare, the Secretary of
Commerce, and the heads of other appropriate Federal departments or
agencies, shall coordinate a study of the feasibility of establishing (1)
a standard classification system for chemical substances and related
substances, and (2) a standard means for storing and for obtaining
rapid access to information respecting such substances. A report on
such study shall be completed and submitted to Congress not later than
18~months after the effective date of enactment of this Act
SEC M. ADMINISTRATION OF THE ACT.
(a) COOPERATION OF FEDERAL AGENCIES.—Upon request by the
Administrator, each Federal department and agency is authorized—
(1) to make its services, personnel, and facilities available
(with or without reimbursement) to the Administrator to assist
the Administrator in the administration of this Act rand
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PUBLIC LAW 94-469—OCT. 11, 1976 90 STAT. 2047
(2) to furnish to the Administrator such information, data,
estimates, and statistics, and to allow the Administrator access to
all information in its possession as the Administrator may reason-.
ably determine to be necessary for the administration of this Act.
(b) FEES.—(1) The Administrator may, by rule, require the pay-
ment of a reasonable fee from any person required to submit data
under section 4 or 5 to defray the cost of administering this Act Such
rules shall not provide for any fee in excess of $2,500 or, in the case of
a small business concern, any fee in excess of $100. In setting a fee
under this paragraph, the Administrator shall take into account the
ability to pay or the person required to submit the data and the cost
to the Administrator of reviewing such data. Such rules may provide
for sharing such a fee in any case in which the expenses of testing are
shared under section 4 or 5.
(2) The Administrator, after consultation with the Administrator CoMdutioa.
of the Small Business Administration, shall by rule prescribe stand- Rule-
ards for determining the persons which qualify as small business
concerns for purposes of paragraph (1).
(c) ACTION Wmi RESPECT TO CATEGORIES.—(1) Any action author-
ized or required to be taken by the Administrator under any provision
of this Act with respect to a chemical substance or mixture may be
taken by the Administrator in accordance with that provision with
respect to a category of chemical substances or mixtures. Whenever
the Administrator takes action under a provision of this Act with
respect to a category of chemical substances or mixtures, any reference
in this Act to a chemical substance or mixture (insofar as it relates
to such action) shall be deemed to be a reference to each chemical
substance or mixture in such category.
(2) For purposes of paragraph (1) : Definition.
(A) The term "category of chemical substances" means a group
of chemical substances the members of which are similar in molec-
ular structure, in physical, chemical, or biological properties, in
use, or in mode of entrance into the human body or into the
environment, or the members of which are in some other way suit-
able for classification as such for purposes of this Act, except that
such term does not mean a group of chemical substances which are
grouped together solely on the oasis of their being new chemical
substances.
(B) The term "category of mixtures" means a group of mix-
tures the members of which are similar in molecular structure, in
physical, chemical, or biological properties, in use, or in the mode
of entrance into the human body or into the environment, or the
members of which are in some other way suitable for classification
as such for purposes of this Act
(d) ASSISTANCE OFFICE,—-The Administrator shall establish in the EtuMuhment.
Environmental Protection Agency an identifiable office to provide
technical and other nonfinancial assistance to manufacturers and
processors of chemical substances and mixtures respecting the require-
ments of this Act applicable to such manufacturers and processors, the
policy of the Agency respecting the application of such requirements
to such manufacturers and processors, and the means and methods by
which such manufacturers and processors may comply with such
requirements.
(e) FINANCIAL DISCLOSURES.—(1) Except as provided under para-
graph (3), each officer or employee of the Environmental Protection
Agency and the Department of Health, Education, and Welfare who-rs.
(A) performs any function or duty under this Act, and;'
5l\
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90 STAT. 2048 PUBLIC LAW 94-469—OCT. 11, 1976
(B) has any known financial interest (i) in any person subject
to this Act or any rule or order in effect under this Act, or (ii) in
.any person who applies for or receives any grant or contract under
this Act,
shall, on February 1,1978, and on February 1 of each year thereafter,
file with the Administrator or the Secretary of Health, Education, and
Welfare (hereinafter in this subsection referred to as the "Secre-
tary"), as appropriate, a written statement concerning all such inter-
ests held by such officer or employee during the preceding calendar
year. Such statement shall be made available to the public.
(2) The Administrator and the Secretary shall—
(A) act within 90 days of the effective date of this Act—
(i) to define the term "known financial interests" for pur-
poses of paragraph (1), and
(ii) to establish the methods by which the requirement to
file written statements specified in paragraph (1) will be
monitored and enforced, including appropriate provisions for
review by the Administrator and the Secretary of such state-
ments; and
Report to /B) report to the Congress on June 1, 1978, and on June 1 of
CoB8reM- eacn year thereafter with respect to such statements and the
actions taken in regard thereto during the preceding calendar
year.
(3) The Administrator may by rule identify specific positions with
the Environmental Protection Agency, and the Secretary may by rule
identify specific positions with the Department of Health, Education,
and Welfare, which are of a nonregulatory or nonpolicymaking
nature, and tjie Administrator and the Secretary may by rule provide
that officers or employees occupying such positions shall be exempt
from the requirements of paragraph (1).
(4) This subsection does not supersede any requirement of chapter
11 of title 18, United States Code.
Penalty. (5) Any officer or employee who is subject to, and knowingly vio-
lates, this subsection or any rule issued thereunder, shall be fined not
more than $2,500 or imprisoned not more than one year, or both.
(f) STATEMENT OF BASIS AND PURPOSE.—Any final order issued
under this Act shall be accompanied by a statement of its basis and
purpose. The contents and adequacy of any such statement shall not
be subject to judicial review in any respect.
Appointment (g) ASSISTANT ADMINISTRATOR.—(1) The President, by and with
the advice and consent of the Senate, shall appoint an Assistant
Administrator for Toxic Substances of the Environmental Protection
Agency. Such Assistant Administrator shall be a qualified individual
who is, by reason of background and experience, especially qualified
to direct a program concerning the effects of chemicals on human
health and the environment. Such Assistant Administrator shall be
responsible for (A) the collection of data, (B) the preparation of
studies, (C) the making of recommendations to the Administrator for
regulatory and other actions to carry out the purposes and to facili-
tate the administration of this Act, and (D) such other functions as
the Administrator may assign or delegate.
(2) The Assistant Administrator to be appointed under paragraph
(1) shall (A.) be in addition to the Assistant Administrators of the
Environmental Protection Agency authorized by section 1 (d) of Reor-
5 USC app. II. ganization Plan No. 3 of 1970, and (B) be compensated at the rate of
pay authorized for such Assistant Administrators.
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PUBLIC LAW 94-469—OCT. 11, 1976
90 STAT. 2049
SEC. 27. DEVELOPMENT AND EVALUATION OF TEST METHODS.
(a) Ix GENKRAI..—The Secretary of Health, Education, and Welfare,
in consultation with the Administrator and acting through the Assist-
ant Secretary for Health, may conduct, and make grants to public and
nonprofit private entities and enter into contracts with public and
private entities for, projects for the development and evaluation of
inexpensive and efficient methods (1) for determining and evaluating
the health and environmental effects of chemical substances and mix-
tures, and their toxicity, persistence, and other characteristics which
affect health and the environment, and (2) which may be used for the
development of test data to meet the requirements of rules promulgated
under section 4. The Administrator shall consider such methods in
prescribing under section 4 standards for the development of test data.
(b) APPROVAL BY SECRETARY.—No grant may be made or contract
entered into under subsection (a) unless an application therefor has
been submitted to and approved by the Secretary. Such an application
shall be submitted in such form and manner and contain such informa-
tion as the Secretary may require. The Secretary may apply such
conditions to grants and contracts under subsection (a) as the Secre-
tary determines are necessary to carry out the purposes of such subsec-
tion. Contracts may be entered into under such subsection without
regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C.
5-29;41U.S.C.5).
(c) ANNUAL RETORTS.—(1) The Secretary shall prepare and sub-
mit to the President and the Congress on or before January 1 of each
year a report of the number of grants made and contracts entered into
under this section and the results of such grants and contracts.
(2) The Secretary shall periodically publish in the Federal^tegister
reports describing the progress and results of any contract entered
into or grant made under this section.
SEC 28. STATE PROGRAMS.
(a) IN GENERAL.—For the purpose of complementing (but not reduc-
ing) the authority of, or actions taken by, the Administrator under
tins Act, the Administrator may make grants to States for the estab-
lishment and operation of programs to prevent or eliminate unreason-
able risks within the States to health or the environment which are asso-
ciated with a chemical substance or mixture and with respect to which
the Administrator is unable or is not likely to take action under this
Act for their prevention or elimination. The amount of a grant under
this subsection shall be determined by the Administrator, except that
no grant for any State program may exceed 75 per centum of the
establishment and operation costs (as determined by the Admin-
istrator) of such program during the period for which the grant is
made.
(b) APPROVAL BY ADMINISTRATOR.—(1) No grant may be made under
subsection (a) unless an application therefor is submitted to and
approved by the Administrator. Such an application shall be sub-
mitted in such form and manner as the Administrator may require and
shall—
(A) set forth the need of the applicant for a grant under subsec-
tion (a), . ,
(1!) identify the agency or agencies of the State which shall
establish or operate, or both, the program for which the applica-
tion is submitted,
(C) describe the actions proposed to be taken under such pro-
gram,
Consultation.
15 USC 2626.
Gnats or
contract*.
application.
Report to
President and
Coagraa.
Publication in
Federal Register.
15 USC 2627.
Grants,
application.
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90 STAT. 2050
PUBLIC LAW 94-469—OCT. 11, 1976
Application
approval.
Report to
Congre..*.
15 USC 2628.
Report to
President and
CongrcM.
5 USC 2629.
(D) contain or be supported by assurances satisfactory to the
Administrator that such program shall, to the extent feasible,
be integrated with other programs of the applicant for environ-
mental and public health protection,
(E) provide for the making of such reports and evaluations
as the Administrator may require, and
(F) contain such other information as,the Administrator may
pi-escribe.
(2) The Administrator may approve an application submitted in
accordance with paragraph (1) only if the applicant has established to
the satisfaction of the Administrator a priority nerd, as determined
under rules of the Administrator, for the grant for which the appli-
cation has been submitted. Such rules shall take into consideration the
seriousness of the health effects in a State which are associated with
chemical substances or mixtures, including cancer, birth defects, and
gene mutations, the extent of the exposure in a State of human beings
and the environment to chemical substances and mixtures, and the
extent to which chemical substances and mixtures a-e manufactured,
processed, used, and disposed of in a State.
(c) ANNUAL REPORTS.—Not later than six months after the end of
each of the fiscal years 1979, 1980, and 1981, the Administrator shall
submit to the Congress a report respecting the programs assisted by
grants under subsection (a) in the preceding fiscal year and the extent
to which the Administrator has disseminated information respecting
such programs.
(d) AUTHORIZATION.—For the purpose of making grants under!
subsection (a) there are authorized to be appropriated $1,500,000 forf
the fiscal year ending September 30,1977, $1.500,000 for the fiscal year
ending September 30, 1978, and $1,500,000 for the fiscal year ending
September 30, 1979. Sums appropriated under this subsection shall
remain available until expended.
SEC 29. AUTHORIZATION FOR APPROPRIATIONS.
There are authorized to be appropriated to the Administrator for
purposes of carrying out this Act (other than sections 27 and 28 and
subsections (a) and (c) through (g) of section 10 thereof) $10,100,000
for the fiscal year ending September 30,1977, $12,625,000 for the fiscal
year ending September 30,1978, $16,200,000 for the fiscal year ending
September 30, 1979. No part of the funds appropriated* under this
section may be used to construct any research laboratories.
SEC M. ANNUAL REPORT.
The Administrator shall prepare and submit to the President and
the Congress on or before January 1,1978, and on or before January 1
of each succeeding year a comprehensive report on the administration
of this Act during the preceding fiscal year. Such report shall include—
(1) a list of the testing required under section 4 during the year
for which the report is made and an estimate of the costs incurred
during such year by the persons required to perform such tests;
(2) the number of notices received during such year under
section 5, the number of such notices received during such year
under such section for chemical substances subject to a section 4
rule, and a summary of any action taken during such year under
section 5 (g);
!Z) a list of rules issued during such year under section 6;
4) a list, with a brief statement of the issues, of completed orj|
pending judicial actions under this Act and administrative actions
under section 16 during such year;
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PUBUC LAW 94-469—OCT. 11, 1976 90 STAT. 2051
(5) a summary of major problems encountered in the adminis-
tration of this Act; and
(6) such recommendations for additional legislation as the Recommenda-
Administrator deems necessary to carry out the purposes of this tioiu-
Act
SEC II. EFFECTIVE DATE. " "" ~"
Except as provided in section 4(f), this Act shall take effect on 15USC2601
January 1,1977. «»t«.
Approved October 11, 1976.
LEGISLATIVE HISTORY;
HOUSE REPORTS: No. 94-1341 accompanying H.R. 14032 (Comm. on Interstate and
Foreign Commerce) and No. 94-1679 (Comm. of Conference).
SENATE REPORTS: No. 94-698 (Comm. on Commerce) and No. 94-1302 (Comm. of
Conference).
CONGRESSIONAL RECORD. Vol. 122 (1976):
Mar. 26, considered and patted Senate.
Aug. 23, considered and passed House, amended, in lieu of H.R. 14032.
Sept. 28, Senate and House agreed to conference report
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12. No. 42:
Oct. 12, Presidential statement.
Note.—A change ha* been made In the slip bw format to provide for one-lime
preparation of copy to be used for publication of both slip law* and the United
States Statutes at Large voiiuaes. ComattoU from users are invited by the Office of
the Federal Register. National Archives and Records Service, Washington, D.C
20408.
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TITLE X— RESIDENTIAL LEAD-BASED
PAINT HAZARD REDUCTION ACT OF
1992
SEC. 100L SHORT TITLE.
This title may be cited as the "Residential Lead-Based Paint
Hazard Reduction Act of 1992*.
SEC 1002. FINDINGa
The Congress finds that—
(1) low-level toad poisoning is widespread «*nn«g Ameri
children, afflicting as many as 3,000,000 children under age
*n<^ - ommni
6, with minority *n<^ low-income communities disproportion-
ately affected;
(2) at low levels, lead poisoning in children causes intel-
ligence quotient dfrficiencign, reading and learning disabilities
impaired hearing, reduced attention span, hyperactivity, ana
behavior problems;
(3) pre-1980 American h«M«"g stock contains more tb?n
3,000,000 tons of lead in the form of lead-based paint with
the vast majority of homes built before 1950 gn«fcy™«g substan-
tial amounts of lead-based paint;
(4) the ingestion of household dust containing lead from
deteriorating or abraded lead-based paint is the most common
cause of lead poisoning in children;
(5) the health and development of children living in as
many as 3,800,000 American homes is endangered by cnipping
or peeling lead paint, or excessive amounts of lf>ad-CTr>tflrrM-
nated dust in their homes;
(6) the danger posed by lead-based paint hazards can be
redv*d by abating wad-based paint or by taking interim m~as-
ure0 *.z prevent paint deterioration fnd limit children's exposure
to lead oust ***** ^rhips.
(7) despite the enactment of laws in the early 1970*s requir-
ing the Federal Government to eliminate as far as practicable
lead-based paint hazards in federally owned, assisted, and
insured ^w?liaipgt *hA Federal response to *M* na^f?^fll crisis
remains severely limited; and
(8) the Federal Government must take a leadership role
in building the fafitMytrmfoire—incfa^fag an informed public,
State andiocal delivery systems, certified inspectors, contrac-
tors, and laboratories, trained workers, and available financing
of
and iTtfrcrffFicQ necetw^ry to ensure that the ™«>tif">»l goal
eliminating lead-based paint hazards in hftn"ng can be
achieved as expeditiously as possible.
SEC. 1003. PURPOSES.
The purposes of this Act are-
CD to develop a national strategy to build the infrastructure
necessary to eliminate lead-based paint hazards in all housing
as expeditiously as possible;
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H.R. 6334- 227
(2) to reorient the national approach to the presence of
lead-based paint in housing to implement, on a priority basis,
a broad program to evaluate and reduce lead-based paint haz--
ards in the Nation's housing; stock;
(3) to encourage effective action to prevent childhood lend
poisoning by establishing a workable framework for lead-based
paint hazard evaluation and reduction and by ending the cur-
rent confusion over HMUMirab^ standards of care!
(4) to ensure that the imV-t""* of lead-based paint hazards
is taVffn into account in thff development of Government hous-
ing policies and in the sale, rental, and renovation of homes
and apartments;
(5) to wifthiiiM national resources expeditiously, through
a p
hip among all levels of government and the private
develop the most promising; cost-effective methods
sector, to
for evaluating •***? reducing toad-bused
(6) to reduce tfr^ threat of ffcfl«"9od lead poisoning in
housing owned, assisted, or transferred by the Federal Govern-
ment; and
(7) to educate the public
sources of lead-based paint poisoning and steps to reduce and
SEC. 1004. DEFINITIONS.
For thit purposes of ft"f Act, fl*f following
apply:
(1) ABATEMENT.— The term "abatement? means any set of
measures designed to permanently eliminate iMd-WMd paint
with standards «tffa»Mj§h^ by appro-
priate Federal agencies. Such term includes
(A) the removal of lead-based paint and lead-contami
nated dust, .the pOT™**1**^ ffftntaipTr>iffit or
of lead-based paint; the replacement of lead-painted sur-
faces or fixtures, and the removal or covering of lead
preparation, cleanup, disposal, and
t clearance testing activities associated with
all
(2) ACCESSIBLE SURFACE,— The term •accessible surface*
means an interior or exterior surface painted with lead-baaed
paint that is accessible for a young child to mouth or chaw.
(3) CERTIFIED CONTRACTOR.— The term "certified contrac-
(A) a contractor, inspector, or supervisor who has com-
pleted a training program certified by the appropriate Fed-
eral agency and oka met any other requirements for certifi-
cation or Bcensure established by sucn agency or who has
been certified by any State through a program which has
been found by such Federal agency to be at least as rigorous
aa the Federal cortiPcfltion program? and
(B) workers or designers who have fully met training
requirements established by the appropriate Federal
agency.
(4) CONTRACT FOB THE PURCHASE AND SALE OF RESIDENTIAL
REAL PROPERTY.— The term "contract for the purchase and sale
of residential real property" means any contract or agreement
in which one party agrees to purchase an interest in real
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H.R.5334-228
property on whicE there is situated 1 or more residential dwell-
ings used or occupied, or intended to be used or occupied,
in whole or in part, as the home or residence of 1 or more
persons.
(5) DETERIORATED PAINT.—The term "deteriorated paint*
means any interior or exterior paint that is peeling, chipping,
or cracking or any paint located on an interior or
exterior surface or fixture that is damaged or deteriorated.
(6) EVALUATION.— The term "evaluation" means risk
ment, inspection, or risk Msasmnftnt and inspection.
-
(7) FEDERALLY ASSISTED HOUSING.—Tne term "federally
assisted housing" means residential dwellings receiving project-
based assistance under programs including—
ofthe
(A) section 221(dX3) or 236 of the National Housing
Act;
(B) section 1 of the Hfl^fag and Urban Development
Act of 1966;
(C section 8 of the United States Housing Act of
1937; or
(D) sections 502(a), 504, 514, 515, 516 and 533 of
the Housing Act of 1949.
(8) FEDERALLY OWNED HOUSING.— The term "federally
owned housing* means residential dwellings owned or managed
by a Federal agency, or for which a Federal agency is a trustee
or conservator. For the purpose of this paragraph, the term
"
"Federal agency* inclvd^f tfM> Department of Housing and
Urban Development, the Farmers Home Administration, the
Resolution Trust Corporation, the Federal Deposit Insurance
Corporation, the General Services Administration, the .Depart-
ment of Defense, the Department of Veterans Affairs, the
lartment of tho Interior, the Department of transportation,
1 any other Federal agency.
(9) FEDERALLY SUPPORTED WORK.— The term "federally sup-
ported work* means any lead hazard evaluation or reduction
activities conducted in federally ovmid or assisted housing or
funded r whole or in part through any fi«*»*ei*j assistance*
program of thft Department of Ho'^f^pg *n^ Urban Develop-
ment, the Fanners Home •Administration, or the Department
of Veterans Afiairs.
(10) FRICTION SURFACE.— The term "friction surface* means
an interior or exterior surface that is subject to abrasion or
friction, including certain window, floor, and stair surfaces.
(11) IMPACT SURFACE.— The term Impact surface* means
an interior or exterior surface that is subject to damage by
repeated impacts, for example, certain parts of door frames.
(12) INSPECTION.— The term "inspection* means a surface-
by-surface investigation to determine the presence of lead-based
paint as provided in section 302(c) of the Lead-Based Paint
Poisoning Prevention Act and the provision of a report explain-
ing the results ofthe investigation.
(13) INTERIM CONTROLS.— The term "interim controls*
means a set of measures designed to reduce temporarily human
exposure or likely exposure to lead-based paint hazards, includ-
ing specialized cleaning, repairs, maintenance, painting, tem-
porary containment, ongoing monitoring of lead-based paint
hazards or potential hazards, and the establishment and oper-
ation of management and resident education.programs.
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H.R. 5334—229
(14) LEAD-BASED PAINT.—The term "lead-baaed paint*
means paint or other surface coatings that contain lead in
excess of limits established under section 302(c) of the Lead-
Based Paint Poisoning Prevention Act
(15) LEAD-BASED PAINT HAZARD.—The term "lead-based
Saint hazard" means any condition that causes exposure to
jad from lead-contaminated dust, lead-contaminated soil, lead-
contaminated paint that is deteriorated or present in accessible
surfaces, friction surfaces, or impact surfaces that would result
in adverse human health effects as established by the appro-
priate Federal agency.
(16) LEAD-CONTAMINATED DUST.—The term lead-contami-
nated dust* "i*""? surface dust in residential dwellings that
contains an area or mass concentration of lead in excess of
levels determined bv the appropriate Federal agency to pose
a threat of adverse nealth effects in pregnant women or young
children.
(17) LEAD-CONTAMINATED SOIL.—The term "lead-contami-
nated soil* means bare soil on residential real property that
contains lead at or in excess of the levels determined to be
hazardous to human health by the appropriate Federal agency.
(18) MORTGAGE LOAN.—The term "mortgage loan* includes
any loan (other thvi temporary f?T|^Tf target housing that Ojualifies as affordable VAVfing under
section 215 of the Cranston-Gonzalez National Affordable Hous-
ing Act (42 U.S.C. 12746), including housing that receives
assistance under subsection (b) or (o) of section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437ffb) or (o)).
(21) PUBLIC HOUSING.—The term "public housing* has the
same ™»n»v'pg given the term in section 3(b) of the United
States Housing Actof 1937 (42 U.S.C. 1437aXbXD).
(22) REDUCTION.—'The term "reduction'' means measures
designed to reduce or eliminate human exposure to lead-based
paint hazards through methods including interim controls And
abatement.
(23) RESIDENTIAL DWELLING.—The term "residential dwell-
ing* means—
(A) a single-family dwelling, including attached struc-
tures such as porches and stoops; or
(B) a single-family dwelling unit in a structure that
contains more than 1 separate residential dwelling unit,
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H.R. 5334— 230
and in which each such unit ia used or occupied, or intended
to be used or occupied, in whole or in part, aa the home
or residence of 1 or more persona.
(24) RESIDENTIAL REAL PROPERTY.— The term "residential
real property" means real property on which there ia situated
1 or more residential dwellings used or occupied, or intended
to be used or occupied, in whole or in part, aa the home
or residence of 1 or more persona.
(25) RISK ASSESSMENT.— The term "risk assessment" means
an on-site investigation to determine and report the ftiistanca,
nature, severity and location of lead-baaed paint hazards in
residential dwellings, including—
(A) information gathering regarding the age y«4 his-
tory of the housing and occupancy by children under age
6;
(B) visual
(C) iJTmt^ wipe sampling or other environmental sam-
pling t-.chniquesi
(D) other activity aa may be appropriate; and
(E) provision of a report explaining the results of the
investigation.
(26) SECRETARY.— The term "Secretary* means the Sec-
retary of Housing and Urban Development.
(27) TARGET HOUSING.— The term "target housing* means
any housing constructed prior to 1978, except housing tar the
elderly or persona with disabilities (unless any child who ia
less than 6 years of age resides or ia expected to reside in
such housing for the elderly or persona with disabilities) or
any 0-bedroom dwelling. In the case of jurisdictions which
banned the sale or use of lead-baaed paint prior to 1978, the
Secretary, at the Secretary's discretion, may designate an ear-
lier date.
Subtitle A— Lead-Based Paint Hazard
Reduction
SEC. 1011. CHANTS FOB LEAD-BASED PAINT HAZARD REDUCTION IN
TABGET HOUSING. .
(a) GENERAL AUTHORITY.— The Secretary ia authorized to pro-
vide grants to eligible applicants to evaluate and reduce lead-
based paint hazard? in priority housing that ia not federally assisted
housing, federally owned housing, or public housing, in accordance
with theprovisions of this section.
(b) EXIGIBLE APPLICANTS.— A State or unit of local government
that has an approved comprehensive housing afTordabihty strategy
under section 105 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705) ia eligible to apply for a grant
under this section.
/ (c) FORM .OF APPLICATIONS.— To receive a grant under this
section, a State or unit of local government shall submit an applica-
tion in such form and in such manner aa the Secretary shall
prescribe. An application shall contain—
(1) a copy of that portion of an applicant's comprehensive
housing affordability strategy required by section 105(bX16)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12701 etseq.);
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H.R.5334— 231
(2) a description of the amount of assistance the applicant
seeks under th<« section:
(3) a description of the planned activities to be undertaken
with grants under this section, including an estimate of the
amount to be allocated to each activity!
(4) a description of the forms of financial iimristance to
owners and occupants of priority housing that will be provided
through grants under this section; and
(5) such assurances as the Secretary may require regarding
the applicant's capacity to carry out the activities.
(^l<>r t^1'* section;
(7) assist in the temporary relocation of families forced
to vacate priority housing while lead hazard reduction measures
are bfliny conducted?
(8) educate the public on the nature and causes of lead
poisoning and measures to reduce exposure to lead, including
exposure due to ffMpdftntifll lead-based paint hazards;
(9) test soil, interior surface dust, and the blood-lead levels
of children under the age of 6 residing in priority housing
after lead-baged paint hazard reduction activity has been con-
ducted, to t.'j»ure that such activity does not cause excessive
exposures to lead; and
(10) carry put such other activities that the Secretary deter-
mines appropriate to promote the purposes of this Act
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H.R.5334—232
(f) FORMS OF ASSISTANCE,—The applicant may provide the serv-
ices described in this section through a variety of programs, includ-
ing grants, loans, equity investments, revolving loan funds, loan
funds, loan guarantees, interest write-downs, and other forms of
assistance approved by the Secretary.
(g) TECHNICAL ASSISTANCE AND CAPACITY BUILDING.—
(1) IN GENERAL.—The Secretary shall develop the capacity
of eligible applicants to carry out the requirements of section
105(bX16) of the Cranston-Gonzalez National Affordable Hous-
ing Act and to carry out activities under this section. In fiscal
yean 1993 and 1994, the Secretary may make grants of up
to $200,000 for the purpose of establishing State training, cer-
tification or accreditation programs that meet foft requirements
of section 402 of the Toxic Substances Control Act, as added
by section 1021 of this Act
(2) SET-ASIDE.—Of the total amount approved in appropria-
tion *£& under subsection (o), there shall be set aside to
carry cut this subsection $3,000,000 for fiscal year 1993 and
$3.000,000 for fiscal year 1994,
(h) MATCHING REQUIREMENT.—Each recipient of a grant under
this section shall make contributions toward the cost of activities
that receive aifflistmicft m*Aar tjhi* section in an amount not less
than 10 percent of the total grant amount under this section.
(i) PROHIBITION OP SUBSTITUTION OF FUNDS.—Grants under
this subtitle may not be used to replace other amounts made
available or designated by State or local governments for use for
the purposes under this subtitle.
(j) LIMITATION ON USE.—An applicant shall ensure that not
more than 10 percent of the grant will be used for administrative
expenses associated with the activities funded. •
(k) FINANCIAL RECORDS.—An applicant .shall maintain and
citM
the Secretary with financial recorda sufficient, in the
determination of the nutmtiirv. to ensure proper accounting and
disbursing of amounts received from a grant under this section.
G) REPORT.—An applicant under thia section shall submit to
the Secretary, for any fiscal year in which the applicant expends
grant funds under thia section, a report that—
(1) describes the use of the amounts received;
(2) states the number of risk assessments and the number
of inspections conducted in residential dwellings?
(3) states the number of residential dwellings in which
lead-based paint ^nTnipdt have been reduced through HforiTn
controls;
(4) states the number of residential dwellings in which
lead-based paint hazards have been abated; and
(5) provides any other information that the Secretary deter-
mines to be appropriate.
(m) NOTICE OF FUNDING AVAILABILITY.—The Secretary shall
publish a Notice of Funding Availability pursuant to thia section
not later than 120 days after funds are appropriated for this section.
(n) RELATIONSHIP TO OTHER LAW.—Effective 2 years after the
date of promulgation of regulations under section 402 of the Toxic
Substances Control Act, no grants for lead-based paint hazard
evaluation or reduction may oe awarded to a State under this
section unless such State has an authorized program under section
404 of the Toxic Substances Control Act.
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H.R. 5334— 233
(o) AUTHORIZATION OP APPROPRIATIONS.— For the purposes of
carrying out this Act, there are authorized to be appropriated
$125,000,000 for fiscal year 1993 and $250,000,000 for fiscal year
1994. ^
SEC. 1012, EVALUATION AMD REDUCTION OP LEAD-BASED PAINT HAZ-
ABD8 IN FEDERALLY ASSISTED HOUSING. ___ ._
(a) GENERAL REQUIREMENTS.— Section 302 of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. 4822) is amended—
(1) by striking the title of the section and inserting:
•REQUIREMENTS FOR HOUSING RECEIVING FEDERAL ASSISTANCE1*;
(2) in the first sentence of subsection (a>—
(A) by striking "Hie Secretary* and inserting the fol-
lowing:
"(1) ELIMINATION OP HAZARDS.— The Secretary"; and
(B) by inserting before the period "or otherwise receives
more than $6,000 in project-based assistance under a Fed-
eral hflwfing program ;
(3) by striking the second sentence of subsection (a) and
inserting: Ttagifni^g on January 1, 1995, such procedures shall
apply to all such housing that constitutes target housing, as
defined in section 1004 of the Residential Lead-Based faint
Hazard Reduction Act.of 1992, and shall provide for appropriate
fr»««iiT^g to conduct risk fliflfnismftntst fa*pflcti5Hiit ip^rin* con-
trols, and libm^infTit of tead-bamcd paint ^***fT*^fi At a mini-
mum, such procedures shall require—
"(A)
phlets,
Substa
the provision of lead hazard information pam-
developed pursuant to section 406 of the Toxic
ubstances Control Act, to purchasers and tenants;
"(B) periodic risk assessments and interim controls
in accordance with a schedule determined by the Secretary,
^ME initial risk assessment of *»y^* unit constructed prior
to 1960 to be conducted not later than January 1, 1996,
and, for units constructed between 1960 and 1978-—
tO not less than 75 percent shall be performed
by January 1, 1998:
"(ii) not less than 60 percent shall be performed
anuary 1,2000; and
*(iii) UM> remainder shall be performed by January
.2002;
3) inspection fir the presence of lead-based paint
prior to federally-funded renovation or rehabilitation that
is likely to disturb painted surfaces;
*(D) reduction of lead-based paint hazards in the course
of rehabilitation project! receiving less than $25,000 per
unit in Federal funds;
"(E) abatement of lead-based paint hazards in the
'i.:
"
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H.R. 6334—234
"(G) such other measures as the Secretary deems
appropriate."; and
(4) in the third sentence, by striking The Secretary may*
and inserting the following:
"(2) ADDITIONAL MEASURES.—The Secretary may".
(b) MEASUREMENT CRITERIA.—Section 302(b) of the Lead-Based
Faint Poisoning Prevention Act (42 U.S.C. 48220))) is amended
by striking "for the detection" and all that follows through the
end of paragraph (2) and inserting "for the risk assessment, interim
control, inspection, and abatement of lead-based paint hazards in
housing covered by this section shall be based upon guidelines
developed pursuant to section 1017 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992.*.
(c) INSPECTION.—Section 302(c) of the Lead-Based Paint Poison-
ing Prevention Act (42 ILS.C, 4822(c)) is amended—
(1) in the second sentence, by striking "qualified" and
inserting "certified"} ?nd
(2) in the thud and fourth sentences, by fa««i-H«g "or
0.5 percent by weight? after "squared".
(d) PUBLIC HOUSING.—Section 302(dXl) of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. 4822(dXD) is amended—
(1) in the heading, by striking "CIAP* and inserting "MOD-
ERNIZATION"; and
(2) in the fourth sentence, by striking "to eliminate the
lead-based paint poisoning hazards" and inserting "of lead-
based paint and lead-based paint hazards".
(e) HOME INVESTMENT PARTNERSHIPS.—Section 212(a) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12742(a)) is amended by adding at the end tne following new
paragraph:
"(5) LEAD-BASED PAINT HAZARDS.—A participating jurisdic-
tion may use funds provided under this subtitle for the evalua-
• tion and reduction, of lead-based paint **^T***^*t as «^«>fi"«>^
in section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992.*.
(f) COMMUNITY DEVELOPMENT BLOCK GRANTS.—Section 105(a)
of the Housing and Community Development Act of 1974 (42 U.S.C.
5306Xa)) is amended—
(1) in paragraph (19), by striking "and" at the end;
(2) in paragraph (20), by striking the period at the end
and maartirnr "• ana": ttnA
^^•W^B ••••ww ^w«*^p • ^^mm/^m gj ^^mm*m
(3) by adding at the end the following new paragraph:
"(21) lead-based paint hazard evaluation and reduction,
as defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992.".
(g) SECTION 8 RENTAL ASSISTANCE.—Section 8(cX2XB) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(cX2XB)) is
amended by adding at the end the following: The Secretary may
(at the discretion of the Secretary and subject to the availability
of appropriations for contract amendments), on a project by project
basis for projects receiving project-based assistance, provide acHust-
ments to the ma*imtnn monthly rents to cover the costs of evaluat-
ing and reducing lead-based paint hazards, as defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992.".
5J?
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H.R. 5334—235
(h) HOPE FOR PUBLIC AND INDIAN HOUSING HOMEOWNER.
SHIP.—The United States Housing Act of 1937 (42 U.S.C. 1437
et seq.) is amended—
(Din section 302(b>-
(A) by redesignatinff paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
inserting after paragraph (3) the following:
on for lead-based paint hazards, as required
by section 302(a) of the Lead-Based Taint Poisoning Prevention
Act,-"; and
(2) in section 303(b)—
(A) by riMtofignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(B) by f«j«ft*ig after paragraph (3) the following:
"(4) Abatement of lead-based paint hazards, as required
by section 302(a) of the Lead-Based Paint Poisoning Prevention
Act.".
(i) HOPE FOR HOMEOWNERSfflP OF MULTIFAMILY UNITS.—The
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12701 et seq.) is amended—
(Din section 422(b>-
(A) by redesignating paragraphs (4) through (8) as
agraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the allowing:
"(4) inspection for lead-based paint hazards, as required
by section 302(a) of the Lead-Based Paint Poisoning Prevention
Act,-";and ^^
(2) in section 423Q>>—
(A) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(B) by inserting alter paragraph (3) the following:
"(4) Abatement oTIead-based paint harards, as required
by section 302(a) ofthe Lgad-Based rfi«t Poisoning Prevention
Act.".
(!) HOPE FOR HOMEOWNERSHIP OF SINGLE FAMILY HOMES.—
The Cranston-Gonzalez National Affordable Tfrff*f***g Act (42 U.S.C.
12701 et seq.) is amended—
(Din section 442(b>—
(A) by redesignatfag paragraphs (4) through (8) as
par
paragraphs (5) through (9), respectively; and
(B) by i
inserting after paragraph (3) the following:
"(4) inspection for lead-based paint hazards, as required
by section 302(a) of the Lead-Based Paint Poisoning Prevention
Act;"; and
(2) in section 443(b)—
para
(A) by redesignating paragraphs (4) through (10) as
graphs (5) through (11), respectively: and
,
) by inserting after paragraph (3) the following:
of lead-based aint hazards, as re
*(4) Abatement of lead-based paint hazards, as required
by section 302(a) of the Lead-Based Faint Poisonincr ^^evention
Act".
(k) FHA INSURANCE FOR SINGLE FAMILY HOMES.—
. (1) HOME IMPROVEMENT LOANS.— Section 2(a) of the
National Housing .Act (12 U&C. 1703(a)) is amended in the
fifth paragraph—
(A) by inserting after the first sentence the following:
"Alterations, repairs, and improvements upon or in connec-
-------
H.R. 6334—236
tion with existing structures may also include the evalua-
tion and reduction of lead-based paint hazards.*; and
(B) by adding at the end the following:
"(4) the terms 'evaluation1, "reduction', and lead-baaed paint
hazard' have the same meanings given those terms in section
1004 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992.*.
(2) REHABILITATION LOANS.—Section 203(kX2XB) of the
National Housing Act (12 U.S.C. 170900(2X6)) is amended
by adding at the end the following: The term 'rehabilitation*
may also include measures to evaluate and reduce lead-based
paint hnTaHf, as such terms are defined in section 1004 of
the Pagi'fcnti*l Lead-Based Paint Hazard Reduction Act of
1992.*.
(1) FHA INSURANCE FOB MULTIFAMILY HOUSING.—Section
221(dX4Xiv) of the National Housing Act (12 U.S.C. 1715KdX4Xiv))
is amended by i^wting after "rehabilitation" the first time it
appears the following: "(including the cost of evaluating and reduc-
ing lead-based *^aint hy***rff, as such ten*1* are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992)*.
(m) RURAL HOUSING.—Section 501(a) of the Housing Act of
1949 (42 U.S.C. 1471) is amended by adding at the end the follow-
ing:
"(5) DEFINITIONS.—For purposes of this title, the terms
'repair', 'repairs', 'rehabilitate', and 'rehabilitation* include
measures to evaluate and reduce lead-based paint hp^Hf,
as such terms are defined in section 1004 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992.*.
SEC. 1019. DISPOSITION OF FEDERALLY OWNED HOUSING.
Section 302(a) of the Lead-Based Paint Poisoning Prevention
Act (42 U.S.C. 4822(a)) (as amended by section 1012(a)) is amended
by striking the fourth sentence and adding at the end the following:
"(?) DISPOSITION 07 FEDERALLY OWNED HOUSING.—
"CA) PRE-1960 TARGET HOUSING,—Beginning on January
1, 1995. procedures established under paragraphs (1) and
(2) shall reouire the inspection and abatement of lead-
based paint hazards in all federally owned target housing
constructed prior to 1960.
"(B) TARGET BOUSING CONSTRUCTED BETWEEN ueo AND
1978.—Beginning on January 1, 1995, procedures estab-
lished under paragraphs (1) and (2) shall require an inspec-
tion for leaii-based paint and lead-based paint fr***?*^*-
in all federally owned target housing constructed between
I960 and 1978. The results of such inspections shall be
made available to prospective purchasers, identifying the
presence of lead-based paint and lead-based paint hazards
on a surface-by-surface basis. The Secretary shall have
the discretion to waive the requirement of this subpara-
graph for housing in which a federally funded risk assess*
ment, performed by a certified contractor, has determined
no lead-based paint hazards are ipreaent.
TO BUDGET AUTHORITY.—To the extent that subpara-
graphs (A) and (B) increase the cost to the Government
of outstanding direct loan obligations or loan guarantee
commitments, such activities shall be treated as modifica-
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H.R.5334-237
tions under section 604(e) of the Federal Credit Reform
Act of 1990 and shaT be subject to the availability of
appropriations. To the extent that paragraphs (A) ana (B)
impose additional costs to the Resolution Trust Corporation
ana the Federal Deposit Insurance Corporation, its require-
ments shall be carried out only if appropriations an pro-
vided in advance hi an appropriations Act In the absence
of appropriations sufficient to cover the costs of subpara-
graphs (A) and (B), these requirements shall not apply
to the affected agency or agencies.
"(D) DEFINITIONS.—For the purposes of this subsection,
the terms Inspection', 'abatement*, lead-based paint haz-
ard', federally owned housing', target housing', *nsk assess-
ment?, ai*d 'certified contractor* have the same meaning
given such terms in section 1004 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992.
"(4) DEFINITIONS.—For purposes of this subsection, the
terms "risk assessment?. Inspection*, Interim control*, 'abate-
ment*, 'reduction', and lead-based paint hazard* have the same
meaning given such terms in section 1004 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992.
SEC 1014. COMPREHENSIVE BOUSING AFFORDABIUrY STRATEGY.
Section 105 of the Cranston-Gonzalez National Affordable Hous-
ing Act (42 U.S.C. 12705) is amended—
(1) in subsection (bX14), by striking "and* at the end;
(2) in subsection (bX15), by striking the period at the
end and JTlTt'Tig *j and")
(3) by inserting after paragraph (15) of subsection (b) the
following new paragraph:
"(16) estimate the numir- of housing units within the
jurisdiction that are occupies. ? low-income families or very
1 _. *___,« „ *f_* »{« Ua^J^aj^l pafrit hf TflHff.
low-income f**mfH^s ••f«y tfa*t ^ ^sain
as defined" in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, outline the actions proposed
or being t^fffl to evaluate and reduce tosd-hmod pft^t np**>Tdf1
and describe how lead-based paint hazard reduction will be
integrated into housing policies and programs.*; and -
(4) m subsection (eV-
(A) by striking "When preparing" and famtrting the
following:
"(1) IN GENERAL.—When preparing": and
(B) by adding at the end the following new paragraph:
*(2) LEAD-BASED PAINT HAZARDS.—When preparing tnat
portion of a housing strategy required by subsection (oX16).
a jurisdiction shall consult with State or local health and child
welfare agencies and examine existing data related to lead-
based paint hazards and poisonings, including health depart-
ment nVtft on the addresses of housing units in which fkiiaifm
. have been identified as lead poisoned.".
SEC. 1015. TASK FORCE ON LEAD-BASED PAINT HAZARD REDUCTION
AND FINANCING, .
(a) IN GENERAL.—The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall estab-
lish a task force to make recommendations on expanding resources
and efforts to evaluate and reduce lead-based paint nazards in
private housing.
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H.R. 5334—238
(b) MEMBERSHIP.—The taak force shall include individuals rep-
resenting the Department of Housing and Urban Development,
the Farmers Home Administration, the Department of Veterans
Affairs, the Federal Home Loan Mortgage Corporation, the Federal
National Mortgage Association, the Environmental Protection
A t * A* 9 x1_ %_ ** J*^» _ J —,»^ > _ A_< _
unvttui mortgage uuuron, wngia-uuuu/ out* UAIUMACUUU^ *««» V»MIM>
intereste, nonprofit housing developers, property liability insurers,
public housing agencies, low-income housing advocacy organiza-
tions, national. State ana local lead-poisoning prevention advocates
and experts, and community-based organizations located in areas
with substantial rental
(c) RESPONSIBILITIES.— The task force shall make recommenda-
tions to the Secretary and the Administrator of the Environmental
Protection Agency concerning—
(1) incorporating the need to- finance lead-based paint haz-
ard reduction into underwriting standards;
(2) developing new loan products and procedures for financ-
ing lead-based paint hazard evaluation and reduction activities;
(3) adjusting appraisal guidelines to address lead safety;
(4) incorporating risk assessments or inspections for lead-
based paint as a routine procedure in the origination of new
residential mortgages; '
(5) revising guidelines, regulations, and educational pam-
phlets issued by the Department of Housing and Urban Devel-
opment and other Federal agencies relating to lead-based paint
poisoning prevention;
(6) reducing the current uncertainties of liability related
to lead-based paint in rental housing by clarifying standards
of care for landlords and lenders, and by exploring the "safe
harbor"(concept; . .
17) incr°Q*iffg the availability of liability insurance for own-
ers of rental h wring and certified contractors an^ ••t
alternative systems to compensate victims of lead-based paint
poiffoninr *""
(8) evaluating the utility and appropriateness of requiring
risk assessments or inspections ana notification to prospective
lessees of rental housing.
(d) COMPENSATION.—The members of the task force shall not
receive Federal compensation for their participation.
SEC. lOlfl. NATIONAL CONSULTATION ON LEAD-BASED PAINT HAZARD
REDUCTION*
In carrying out this Act, the Secretary shall consult on an
ongoing basis with the Administrator of the Environmental Protec-
tion Agency, the Director of the Centers for Disease Control, other
Federal agencies concerned with lead poisoning prevention, and
the task force established pursuant to section 1015.
SEC. 1017. GUIDELINES FOB LEAD-RASED PAINT HAZARD EVALUA-
TION AND REDUCTION ACTIVITIES.
Not later than 12 months-after the date of enactment of this
Act, the Secretary, in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Labor, and the
Secretary of Health and Human Services (acting through the Direc-
tor of the Centers for Disease Control), shall issue guidelines for
the conduct of federally supported work involving risk assessments,
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H.R. 5334—239
inspections, interim controls, and abatement of lead-based paint
hazards. Such guidelines shall be based upon criteria that measure
the condition of the housing (and the presence of children under
age 6 for the purposes of risk assessments) and shall not be based
upon criteria that measure the health of the residents of the
housing.
SEC. 1018. DISCLOSURE OF INFORMATION CONCERNING LEAD UPON
TRANSFER OF RESIDENTIAL PROPERTY.
(a) LEAD DISCLOSURE IN PURCHASE AND SALE OR LEASE OF
TARGET HOUSING.—
(1) LEAD-BASED PAINT HAZARDS.—Not later than 2 yean
after the ^"H of fn<><>trnfftit of this Act* the Secretary and
the Administrator of the Environmental Protection Agency shall
promulgate regulations under this section for the disclosure
of lead-based paint hazards in target housing which is offered
for sale or lease. The regulations shall require that, before
the purchaser or lessee is obligated • under any contract to
e or lease the housing, the seller or lessor shall—
(A) rovide the purchaser or lessee with a lead hazard
information pamphlet, as prescribed by Mv> Administrator
of the Environmental Protection Agency under section 406
of the Toxic Substances Control Act;
(B) disclose to the purchaser or lessee the presence
of any known lead-based naint, or any known lead-based
paint ho**"*^*, in such birti"ir>ff ynd provide to t|w purchaser
or lessee anv lead hazard evaluation report available to
the seller or lessor; and
(C) permit the purchaser a 10-day period (unless the
parties mutually agree upon a different period, of time)
to conduct a risk assessment or inspection for the presence
of lead-based paint hazards.
(2) CONTRACT FOR PURCHASE AND SALE.— Regulations
promulgated under this section shall provide that every contract
tor the purchase and sale of any interest in target housing
fh«jj contain a I/gad Warning Statement ***** a statement
signed by the purchaser that the purchaser has •
(A) read thft I/gad Warning Statement and
its contents;
(B) received a lead hazard information pamphlets
(C) had a 10-da opportunity (unless the parties mutu-
before ba
of lead-based paint
(3) CONTENTS OF LEAD WARNING STATEMENT.— The Lead
Warning Statement shall contain the following text printed
in large type on a separate sheet of paper attached to the
contract:
"Every purchaser of any interest in residential real property
on which a residential dwelling was built prior to 1978 is notified
that such property may present exposure to lead from lead-based
paint that may place young children at risk of developing lead
poisoning. Lead. poisoning in young children may produce perma-
nent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory.
Lead poisoning also poses a particular risk to pregnant women.
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H.R. 5334—240
The seller of any interest in residential real property is required
to provide the buyer with any information on lead-based paint
hazards from risk assessments or inspections in the seller's posses-
sion and notify the buyer of any known lead-based paint hazards.
A risk assessment or inspection for possible lead-based paint haz-
ards is recommended prior to purchase.".
(4) COMPLIANCE ASSURANCE.—Whenever a seller or lessor
has entered into a contract with an agent for the purpose
of selling or leasing a unit of target housing, the regulations
promulgated under this section shall require the agent, on
behalf of the seller or lessor, to ensure compliance with the
requirements of this section.
(5) PROMULGATION.—A suit may be brought against the
Secretary of Housing and Urban Development and the Adminis-
trator of the Environmental Protection Agency under section
20 of the Toxic Substances Control Act to compel promulgation
of the regulations required under this section ana the Federal
district court fh*n have jurisdiction to order such promulgation.
(b) PENALTIES FOR VIOLATIONS.—
(1) MONETARY PENALTY.—Any person who knowingly vio-
lates any provision of this section shall be subject to civil
money penalties in accordance with the provisions of section
102 of the Department of Housing and urban Development
Reform Act of 1989 (42 U.S.C. 3645).
(2) ACTION BY SECRETARY.—The Secretary is authorized
to take such lawful action as may be necessary to enjoin any
violation of this section.
(3) Civn. LIABILITY.—Any person who knowingly violates
the provisions of this section shall be jointly and severally
liable to the purchaser or lessee in an amount equal to 3
times the amount of damages incurred by such individual
(4) COSTS.—In any civil action brought for damages pursu-
ant to paragraph (3), the appropriate court may award court
costs to the party commencing such action, together with
reasonable attorney fees and any expert witness fees, if that
party prevails.
(5) PROHIBITED ACT.—It shall be a prohibited act under
section 409 of the Toxic Substances Control Act for any person
to fail or refuse to comply with a provision of this section
or with any rule or order issued under this section. For purposes
of enforcing this section under the Toxic Substances Control
Act, the penalty for each violation applicable under section
16 of that Act shall not be more than $10,000.
(c) VALIDITY OF CONTRACTS AND LIENS.—Nothing in this section
shall affect the validity or enforceability of any sale or contract
for the purchase and sale or lease of any interest in nwdential
real property or any loan, loan agreement, mortgage, or lien made
or arising in connection with a mortgage loan, nor shall anything
in this section create a defect in title.
(d) EFFECTIVE DATE.—The regulations under this section shall
take effect 3 years after the date of the enactment of this title.
-------
H.R. 5334— 241
Subtitle B— Lead Exposure Reduction
SEC 102L CONTRACTOR TRAINING AMD CZRTD7ICATION.
(a) AMENDMENT TO THB Tone SUBSTANCES CONTROL ACT.—
The Toxic Substances Control Act (16 U.S.G. 2601 et §eq.) is
amended by adding after title m the following new title:
"TITLE IV— LEAD EXPOSURE
REDUCTION
"SEC. 401. DEFINITIONS.
Tor the purposes of this title:
"(1) ABATEMENT.— TOIO ten** *fkn*j>TPM>t> nMM«if any set of
nna««yinftg «i«^igti^ fo permanently eliminate lead-based p*>fafe
ii«gaM«i« in n****yT*^*Tt<** with standards ifftyMithini by the
Administrator under this title. Such term includes
trl repairs, Tn°iT^^<>r"^iir**( pa***^**>ffi. temporary
containment, ongoing T»o*yfa"T|g of lead-based paint hazards
'or p^t^ntifll ^*Tj>T*iff. *Tid fat ^tt«Mi«^»»«»"^ tnn operation of
operation of
agB^pqn^ ant rBfllfUlt ftllCation pTOgT**™*! —
"(9) LEAD-BASED PAINT.— The term 'uad-based painf means
paint or other surface coatings that fmfa»«« lead in
of LO milligrams per centimeter squared or OJ5 percent by
weight or (A) in the case of paint or other surface coatings
-------
H.R. 6334— 242
on target housing, such lower level as may be established
by the Secretary of Housing and Urban Development, as defined
in section 302(c) of the Lead-Based Paint Poisoning Prevention
Act. or 03) in the case of any other paint or surface coatings,
such other level as may be established by the Administrator.
•(10) LEAD-BASED PAINT HAZARD.— The term lead-based
paint hazard* ^•mns any condition that causes exposure to
lead from lead-contaminated dust, lead-contaminated soil, lead-
contaminated paint that is deteriorated or present in accessible
surfaces, friction surfaces, or impact surfaces that would result
in adverse human health effects as established by the Adminis-
trator under this title.
"(11) LEAD-CONTAMINATED DUST.— The term lead-contami-
nated dust* means surface dust in residential dwellings that
contains ffp area or mass concentration of load in fiTntii of
levels determined by the Administrator under this title to pose
a threat of adverse nealth effects in pregnant women or young
children.
"(12) LEAD-CONTAMINATED SOIL.— Hie term lead-contami-
nated soiT means bare soil on residential real property that
contains lead at or in excess of the levels determined to be
hazardous to human health by tf**> ^<^Tt"Tii'>tTistor undtr thj«
title.
"(13) REDUCTION.— Th& term 'reduction* ****>•«• fnaaam^g
to reduce or eliminate human exposure to lead-baaed
paint fraMT^f through ni**^1?^* fagindfay r^r^ controls and
abatement.
"(14) RESIDENTIAL DWELLING.— The term 'residential dwell-
Tnnnns
"(A) a single-family dwelling, fa*»i«dfag> attached struc-
tures such as porches and stoops; or
*CB) a single-family dwelling unit in a structure that
contains more than 1 separata residential dwelling unit.
^Bffh such unit is used or occupied, or intend*m
fr\^ fa which
MI be used or occupied, in whole or in part, as the borne
or residence of lor more persona.
"(16) RESIDENTIAL REAL PROPERTY.— The term 'residential
real property' means real property on which there is situated
1 or more Tftffidfli****! dwellings *am>d or occupied, or intended
to be used or occupied, in whole or in part, as the home
or residence of 1 or more persons.
"(16) RISK ASSESSMENT.— The term 'risk assessment* means
an on-site investigation to determine and report the «nrintenr»,
nature, severity and location of lead-based paint hazards in
rftffidential dwellings, including—
"(A) information gathering regarding the age and his-
tory of the housing and occupancy by children under age
6;
*(B) visual inspection; .
"(C) limited wipe sampling or other environmental
sampling techniques*
TD) other activity as may be appropriate; and
"(E) provision of a report explaining the results of
the investigation.
"(17) TABGET HOUSING.— The term target housing* means
any housing constructed prior to 1978, except housing for the
elderly or persons with disabilities (unless any child who is
533
-------
H.R.5334-243
less than 6 yean of am resides or is expected to reside in
such housing lor the elderly or persons with disabilities) or
any 0-bedroom dwelling. In the case of jurisdictions which
banned the sale or use of lead-based paint prior to 1978, the
Secretary of HOTufag *n<* Urban Development, at the Sec*
retards discretion, may designate an earlier date.
"SEC. 40*. LEAD-BASED PAINT ACTIVITIES TBAININO AMD CERTIFI-
CATION.
"(a) REGULATIONS.—
"(1) IN GENERAL.—Not later than 18 months after the date
of flift ^TWflfrn**^ of *hi* flection^ the Administrator shall, in
consultation with the Secretary of Labor, the Secretary of Hous-
ing and Urban Development, and the Secretary of Health and
Human Services (acting through the Director of the National
Institute for OoBUPfltfanal Safety y*yj Ht>slth)i
regulations governing lead-baaed paint activities to ensure that
individuals engaged in such activities are properly trained;
tbflt training prfftffflfriT are affraditodt «n«^ AM contractors
engaged in sucn activities are certified* Such
*._% _« • « m> mt • • * • _ _*
contain standards for performing lead-based paint activities,
taking into account reliability, effectiveness, and safety. Such
lations t^*n require ft*it all risk assessment,
Activities performed in target hffmt*Mg *h*lt
be performed by CBrtifvHi contractors, as sucn tw*** is defined
in section 1004 of the Residential Lead-Based Faint Hazard
Reduction Act of 1992. The provisions of this section shall
supersede the provisions set forth n^ar thft heading *Lead
Abatement Training and Certification* and under the heading
Training Grants* in title UL of the Act entitled 'An Act
appropriations for the Departments of Veterans Affairs
Housing **H Urban Development, *T*^ for sundry
iigiftnst torpyrftl^^pf. ^^ ftflfe«^ for
year ending September 30, 1992, and for other purposes'. Public
102—13
Law 102—139, •*!inr>^ffBtfld • undffr paragraph (1) •^**n rt>ntsin specific
requirements for the accreditation of lead-baaed paint activities
training programs for workers, supervisors, inspectors and plan-
ners, and otner individuals involved in lead-based paint activi-
fagitMjfaff, but not MTPH*H to, aflrh of the following?
*XA) aCnimum reouirements for ^*f accrraitation of
> .
training curriculum
*(O MinitniiTti training hflUT rTMluirf***1****^11?
*(D) MTnin^itn^ hands-on training reouirements*
"OS) Minin^iint trainee COTP potency flp*i proficiency
reouirements.
^ requirements for training program qual-
ity control.
*(3) ACCREDITATION AND CERTIFICATION FEES.— The
Administrator (or the State in the CUM of an authorized State
.program) shall impose a fee on —
. *XA) persons operating training programs accredited
under this title; and
-------
H.R. 5334— 244
M(B) lead-based paint activities contractors certified in
accordance with paragraph (1).
The fees shall be established at such level as is necessary
to cover the costs of administering and enforcing the standards
and regulations under this section which are applicable to
such programs and contractors. The fee shall not be imposed
on any State, local government, or nonprofit training program.
The Administrator Tor the State in the case of an authorized
State program) may waive the fee for lead-based paint activities
contractors under subparagraph (A) for the purpose of training
their own employees.
"(b) LEAD-BASED PAINT ACTIVITIES.— For purposes of this title,
the term lead-based paint activities' means—
"(1) in the caae of target housing, risk assessment, inspec-
tion, and abatement! flTH
"(2) in the case of any public building constructed before
1978, commercial building, bridge, or other structure or super-
structure, identification of lead-based paint and materials
containing lead-based paint, deleading, removal of lead from
bridges, and demolition.
For purposes of paragraph (2), the term 'deleading' means activities
conducted by a person who offers to eliminate lead-based paint
or lead-based paint hazards-or to plan such activities.
"(c) RENOVATION AND REMODELING.—
"(1) GUIDELINES.— In order to reduce the risk of exposure
to lead in connection with renovation and remodeling of target
h wring, public buildings constructed before 1978, nr»n commer-
cial buildings, the Administrator shall, within 18 months after
the enactment of this section, promulgate guidelines for the
conduct of such renovation ana remodeling activities which
may create a risk of exposure to dangerous levels, of lead.
The Administrator fh^fl dmiflnv"**** such guidelines to pwsonff
engaged in such renovation av* remodeling through hardware
and paint stores, employee o»aXaizations, trade groups, State
and local agencies, and tnrough otner appropriate ****M***T,
"(2) STUDY OP CERTIFICATION-— The Administrator shall
conduct A study of the extent to which persons engaged in
various types of renovation and remodeling activities in target
housing, public buildings constructed before 1978, and commer-
cial buaJkhngs are exposed to lead in the conduct of such activi-
ties or disturb lead and create a lead-based paint hazard on
a regular or occasional basis. The Administrator shall complete
such study and publish the results thereof within 30 months
after the enactment of this section.
"(3) CERTIFICATION DETERMINATION.— Within 4 years after
the enactment of this section, the Administrator snail revise
the regulations under subsection (a) to apply the regulations
contractors are engaged in such activities, the Administrator
shall utilize the results of the study under paragraph (2) and
consult with the representatives of labor organizations, lead-
based paint activities contractors, persons engaged in remodel-
ing and renovation, experts in lead health effects, and others.
If the Administrator determines that any category of contractors
engaged in renovation or remodeling does not require certifi-
-------
H.R.5334—245
cation, the Administrator shall publish an explanation of the
basis for that determination.
•SEC. 409. IDENTIFICATION OP DANGEROUS LEVELS OP LEAD.
"Within 18 months after the'enactment of this title, the
Administrator shall promulgate regulations which shall identify,
for purposes of this title* and the Residential Lead-Based Paint
Hazard Reduction Act of 1992, lead-based paint hazards, lead-
contaminated dust, and lead-contaminated soiL
"SEC. 404. AUTHORIZED STATE PROGRAMS,
"(a) APPROVAL.—Any State which seeks to administer and
enforce the standards, regulations, or other requirements estab-
lished under section 402 or 406, or both, may, after notice and
opportunity for public bearing, develop and submit to>the Adminis-
trator yp application, in such form as flie ^^"^^ftrstor •h*n
require, for authorization of such a State program. Any such State
may ilso certify to fat Administrator at the *"r^ ot submitting
suck program tnat the State program meets the requirementsToT
paragraphs (1) and (2) of subsection (b). Upon submission of such
certification, the State program shall be deemed to be authorized
under this section, ana shall apply in such State in lieu of the
corresponding Federal program under section 402 or 406, or both,
as the case may be, y****! such tiffH* as tf1^ ^<^Tn*r>**tTstor riis~
approves the program or withdraws **»• «"**
shall approve or disapprove too application. Tne Administrator
may approve the application onljr if, after notice and after oppor-
tunity for public hearing, tf** Administrator ^if1^* that-
'll) the State program is at least as protective of human
health and the environment as the Federal program under
section 402 or 406, or both, as the case may be, and
"(2) such State program provides adequate enforcement.
Upon authorization of a State program VT"^*^ "iff scctiopt it
* " « A • A . ^ h ^^t . A •• A . w
be unlawful for any person to violate or fail or refuse to comply
with any requirement of such program*
"(c) WITHDRAWAL OP AUTHORIZATION.—If a State is not admin-
istering ^"4 wtfoffinf a program authorized wider tkf* sectloii
in compliance with rtfl"***™**, regulations, and other requirements
of this title, the Administrator shall so notify the State and, if
corrective action is not completed within .a reasonable time, not
to exceed 180 days, the Administrator shall withdraw authorization
of such program and establish a Federal program pursuant to
this title.
"(d) MODEL STATE PROGRAM.—Within 18 months after the
enactment of thfa title, the Administrator *^»]\ promulgate a model
State program which may be adopted by any State which seeks
to administer and enforce a State program under this title. Such
model program shall, to the extent practicable, encourage States
to utilize existing State and local certification an^ accreditation
programs and procedures. Such program shall encourage reciprocity
among the States with respect to the certification under section
402.
"(e) OTHER STATE REQUIREMENTS.—Nothing in this title shall
be construed to prohibit any State or political subdivision thereof
from imposing any requirements which are more stringent than
those imposed by this title.
-------
H.R. 5334— 246
"(0 STATE AMD LOCAL CERTIFICATION.— The regulation* under
this title shall, to the extent appropriate, encourage States to seek
program authorization and to use yi«ti«g State and local certifi-
cation and accreditation procedures, except that a State or local
government shall not require more than 1 certification under this
section for any lead-based paint activities contractor to carry out
lead-based paint activities in the State or political subdivision
thereof!
*(g) GRANTS TO STATES.— The Administrator is authorized to
make grants to States to develop and carry out authorized State
programs under this section. Hie grants shall be subject to such
terms and conditions as the Administrator may establish to further
the purposes of this title.
"(h) ENFORCEMENT BY ADMINISTRATOR.— If a State does not
have a State program authorized under this section and in effect
by the date which is 2 years after promulgation of the regulations
under section 402 or 406, the Administrator shall, by such date,
establish a Federal program for section 402 or 406 (as the case
may be) for such elate and administer and enforce such program
in such State.
T- n
"(a) PROGRAM To PROMOTE LEAD EXPOSURE ABATEMENT.— The
Administrator, in cooperation with other appropriate Federal
iuJwct a **ornpr*>^l*>TITivft
.
to promote safe, effective, *n<^ affordable
and abatement of lead-based p_aint and other lead expos
_
*Xb) STANDARDS FOR ENVIRONMENTAL SAMPLING LABORA-
TORIES.— <1) The Administrator shall establish protocols, criteria,
and minimum performance standards for laboratory analysis of
lead in paint films, soil, and dust Within 2 years after the enact-
ment of *hi* title, ^H* A«iniiiiMtrs.tof( in consultation with tfw Sec*
paragraph, that effective voluntary accreditation programs are in
place and operating on a nationwide basis at the time of such
flfttflpminaHnn fQ DO CTT^^^d vn'?*'11' such program, a laboratory
shall, at a minimum, demonstrate an ability to test substances
accurately for lead content.
"(2) Not later than 24 months after the date of the enactment
of thJT T**7tfont yf*4 untupaXty thftrmftflii thfl Administrator •fr*n
publish and make aveilabla to the public a list of certified or
accredited environmental sampling laboratories.
"(3) If the Administrator determines under paragraph (1) that
effective voluntary accreditation programs are in place for environ-
mental sampling laboratories, th<» Administrator ?f*M^ review the
performance and effectiveness of such programs within 3 years
after such determination. If, upon such review, the Administrator
determines that the voluntary accreditation programs are not effec-
tive in assuring the quality and consistency of laboratory analyses,
the Administrator shall, not more than 12 months thereafter, estab-
lish a certification program that meets the requirements of para-
graph (1).
"(c) EXPOSURE STUDIES.—(1) Hie Secretary of Health and
Human Services (hereafter in this subsection referred to as the
'Secretary'), acting through the Director of the Centers for Disease
-------
H.R. 6334- 247
Control, (CDC), and the Director of the National Institute of
Environmental Health Sciences, shall jointly conduct a study of
the sources of lead exposure in children who have elevated blood
lead levels (or other indicators of elevated lead body burden), as
defined by the Director of the Centers for Disease Control
"(2) The Secretary, in consultation with the Director of the
National Institute for Occupational Safety and Health, shall conduct
a comprehensive study of means to reduce hazardous occupational
lead abatement exposures. This study shall include, at a •n
each of the following—
*XA) Surveillance and intervention capability in the States
to identify and prevent hazardous exposures to lead abatement
workers*
**(B) Demonstration of lead abatyifflt control ^if^^T and
devices and work practices to identify and prevent hazardous
lead exposures in the workplflCTi
"(dT Evaluation, in consultation with the National Institute
of Environmental Health Sciences, of health effects of low and
high levels of occupational lead exposures on reproductive,
neurological, renal, *ny V«^i^,
*(D) Identification of high risk octrapatiftfrri settings to
whichprevention activities and resources should be targeted.
*XE) A study amusing the potential exposures and risks
from lead to janitorial and custodial workers.
"(3) The studies described in paragraphs (1) and (2) shall,
as appropriate, mfaminn the relative contributions to elevated lead
body burden from each of the following:
"(A) Drinking water.
TOFood.
"(C) Lead-baaed paint and dust from lead-based paint.
"(D) Exterior 'sources such as* ambient sir and lead in
soiL -
~CE) Occupational exposures, and other exposures th&; the
Seu* etary determines to be appropriate.
"(4) Not later than 30 months alter the date of the enactment
of this section, the Secretary shall submit a report to the Congress
concerning th* studies described inparagraphs (1) and (2X
"(d) PUBLIC EDUCATION.— (1) The Administrator, in conjunction
with the Secretary of Health and Human Services, acting through
the Director of the Agency for Toxic Substances end Disease Reg-
istry, and in conjunction with the Secretary of Housing and Urban
Development, shall sponsor public education and outreach activities
to increase public awareness of—
"CA) the scope and severity of lead poisoning from household
sources;
. e *(B) potential exposure to sources of lead in schools and
childnoou *^y tvn CTPtwft; ___ — •». -—
' "(C) tf*4> implications of exposures for IT1**** a«
-------
H.R. 5334— 248
*(H) risk BHHftflff™"^ And inspection m^^hodn for lead-based
paint hazards; and
«(D measures to reduce the risk of lead exposure from
lead-based paint ~
"(2) The activities described hi paragraph (1) shall be designed
to provide educational services and information to— _
"(A) health professionals;
"(B) the general public, with emphasis on parents of young
children!
"(C) homeowners, landlords, and fr>«««fa»;
*(D) consumers of home improvement products;
"(E) the residential real estate industry; and
*(F) th*> JiiMiMi renovation inc~
*X3) In implementing the activities described in paragraph (1),
h toe
th0 Administrator «hffl assure coordination with flift Presidents
Commission on EnviT*?Tlt>iat**a^ Quality's education **!fll awareness
^fi^ppfllfffl O& 10AA DQUIQlUmC*
*(4) Tbft A^itiiii^ia^rft^Qf fa cotisniltfltion with thi> Cludi
E&TftfiDP* I^A CQ^S
ict Safety Com
by retailers o
Product Saioty OflmtHJiiforii. shall develop faft>»»"*-
.
turn to be distributed by retailers of home improvement products
to provide consumers with practical jpfen^^*^*?** related to tf»<> haz-
ards of renovation and. remodeling where lead-based paint may
be present
*(e) TECHNICAL ASSISTANCE.—
"(D CLEABlNGHOUSE.j-Not later than 6 months after the
stihsoftiftnt t^* Administrator •h»M establish,
in rrt"*nlt4>^fon with ^f Secretary of Housing and Urban. Devel-
opment and the Director of the Centers for Disease Control,
a National fn^n-t«gh«yy«* on Childhood Lead Poisoning (herein-
after in this section referred to as ^Clearinghouse*). The
Clearinghouse shall—
*XA) collect, evaluate, •"«! dinnftmi"**** current informa-
tion on th*> nflBflflfnT1**1^^ »ni\ reduction of Iftud-hflflod paint
**«*a**1" adverse health efiEects, sources of exposure, detec-
tion at**| risk SSSftllSnf"^^
n-up
"(B) «*«»i«faii« a rapid-alert system to
i« a rapid-
activities
lead-based paint activities contractors of •*£»**"•"* devel-
opments in research related to
and
*(C) pOTfoT*11 any other duty
determines necessary to achieve the purposes of this Act
"(2) HOTLINE.— Not later than 6 months after the enact-
ment of this subsection, the Administrator, in cooperation with
other Federal agencies and with State and local governments,
shall establish a single lead-based paint hazard hotline to pro-
vide the public with answers to questions about lead
prevention and referrals to the CVnringhouBft for
"(f) PRODUCTS FOB LEAD-BASED PAINT ACTIVITIES.—Not later
than 30 months »ffa»r the dflfo of ffpfl^fa«*^»^t of ^"« jgcHftti. fch«*
President shall, after notice and opportunity for comment, establish
bv rule appropriate criteria, testing protocols, and performance
characteristics as are necessary to ensure, to the greatest extent
possible and consistent with the purposes and policy of this title,
that lead-based paint hazard evaluation and reduction products
introduced into commerce after a period specified in the rule are
-------
H.R. 5334— 249
effective for the intended UM described by the manufacturer. The
rule'shall identify the types or classes of products that an subject
to such rule. The Pres ' *- *— ' ---- " ------ " '" ------- * "
to the Tna**mnm extent
tones, as appropriate,
in developing the rules. The President may delegate the authorities
under fl"f subsection to the Environmental Protection Agency or
the Secretary of Commerce or such other appropriate agency.
•SEC 406. LEAD HAZABD INFORMATION PAMPHLET.
"(a) LEAD HAZARD INFORMATION PAMPHLET.— Not later than
2 years after the enactment of this section, after notice and oppor-
tunity for comment, th^ Administrator of the Environmental Protec-
tion Agency, in consultation with the. Secretary of Housing **i«i
Urban D«velopment and with the Secretary of Health and Human
Services, shall publish, and from time to time revise, a lead hazard
information pflirpH** to be used in connection with ***** title **ui
section 1018 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992. The pamphlet •hall—
"(1) contain «"farm regarding th^ health risks associ-
ated with exposure to lead;
"(2) provid
hazards in federally assisted, federally owned, and target nous-
ing;
*(3) dMcrfhe tfw risks of lead exposure for iHh^Mn*n M"ditr
6 years of age, pregnant women, women of childhearing age,
persons involved in home renovation, and others residing in
a dwelling with lead-based paint hazards;
"(4) describe the risks of renovation in a dwelling with
fr*
"(5) provide information on approved methods for evaluat-
ing *T"i reducing load-hnsftd paint hazards and tfmir efZec-
tiveness in identifying', rftd^cing, ^Ifaifagtfagj or preventing
exposure to lead-based paint h»rards;
*(8) advise persons ho* ^ obtain a list of contractors
certified pursuant to th** title in lead-based paint hazard
evaluation y*yj reduction in t^+ sxtA in which the pamphlet
istobo .^ed;
"(7) state that a risk assessment or inspection for lead-
based paint is recommended prior to the purchase, lease, or
renovation of target housing;
"(8) state that certain State and local laws impose addi-
tional requiremente related to lead-baaed paint in housing and
a listing of Federal, State, and local agencies in each
address and telephone number, that can pro-
MMimi i1
provide
State,!
vide information about applicable laws and available govern-
.• • A . A.** • ^K • A ^^
fo] fti^^l private BffBJBtfinffft *n^ financin
"(9) provide such other information
hazards associated with residential real property as the
Administrator deems appropriate.
"(b) RENOVATION OF TAEGET HOUSING.— Within 2 years after
the enactment of tf*fo section, the Administrator tfryjl promulgate
regulations under this subsection to reouire each person who per-
forms for compensation a renovation ox target housing to provide
a lead hazard information pamphlet to the owner flnd occupant
of such housing prior to commencing the renovation.
-------
H.R. 5334— 250
•SEC. 407. REGULATIONS.^
The regulations of .the Administrator under this title shall
include such recordkeeping and reporting requirements as may
be necessary to insure the effective implementation "of this title.
The regulations may be amended from time to time as necessary.
•SEC. 408. CONTROL OF LBAD*BA8EO PAINT HAZARDS AT FEDERAL
FACILITIES.
"Each department, agency, and instrumentality of executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged
in any activity resulting, or which may result, in a lead-based
paint hazard, and each -officer, agent, or employee thereof shall
be subject to, and comply with, afl Federal, State, interstate, and
local requirements, both substantive and procedural (including any
requirement for COTtifichtioiii licensing, recordkeeping, or reporting
or any provisions for injunctive relief and such sanctions as may
be imposed by a court to enforce such relief) respecting lead-based
paint, lead-based point activities, and lead-based paint hazards
in the same manner, and to the same extent as any nongovern-
mental entity is subject to such requirements, including the pay-
ment of reasonable service charges. The Federal, State, interstate,
and local substantive and procedural requirements referred to in
thif subsection include, but are not limited to, all administrative
orders and all civil and administrative penalties and ^»«*« regard-
less of whether such penalties or fines are punitive or coercive
in nature, or whether imposed for isolated, intermittent or continu-
ing violations. The United States hereby expressly waives any
immunity otherwise applicable to the United States with respect
to any such substantive or procedural requirement (including, but
not limited to, any injunctive relief administrative order, or civil
or administrative penalty or fine referred to in the preceding sen-
tenwj. or reasonable service chargeX The reasonable service charges
referred to in this section include, but are not limited to, fees
or charges assessed for certification and licensing, ae well as any
other nondiflffriminiitory charges tft«t are n mutinied in connection
with a Federal, State, interstate, or local lead-based paint, lead-
based paint activities, or lead-based paint hazard activities program.
No agent, employee, or officer of the United States shall be person-
ally liable for any civil penalty under any Federal, State, interstate,
or local law relating to lead-based paint, lead-based paint activities,
or lead-based paint hazards with respect to any act or omission
within the scope of his official duties.
•SEC 409. PROHIBITED ACTS.
"It shall be unlawful for any person to fail or refuse to comply
with a provision of this title or with any rule or order issued
under this title.
-SEC. 410. RELATIONSHIP TO OTHER FEDERAL LAW.
-Nothing in this title shall affect the authority of other appro-
priate Federal agencies to establish or enforce any requirements
which are at least as stringent as those established pursuant to
this title.
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H.R. 5334—251
•SEC 41L GENERAL. PROVISIONS RELATING TO ADMINISTRATIVE
"(a) APPLICABILITY.—This section applies to the promulgation
or revision of any regulation issued under this title. ....
"(b) RULEMAKING DOCKET.—Not later than the date of proposal
of any action to which this section applies, the Administrator shall
establish a rulemaking docket for such action (hereinafter in this
subsection referred to as a 'rule'). Whenever a rule applies only
within a particular State, a second (identical) docket shall be estab-
lished in the appropriate regional office of the Environmental
Protection Agency.
•*(c) INSPECTION AND COPYING.—<1) The rulemaking docket
required mHft** subsection (b) tb*^ be open for inspection by the
public at imifomiblft tim^ BODC i find to the/ pffitipE of proposed rule-
making. Any person may copy documents contained in the docket.
The Administrator shall provide copying facilities which may be
used at the expense of the person leering copies, but the Adminis-
trator may «**ive or reduce such expenses to such <*•*•««<«« as
the public interest requires. Any person may request copies by
°* if th«y person pays ttw ffKTWMiffi infll'ifling pflnonF1**! costs
f * ""*•* •" * ^^^P m
to do the copying.
"(2XA) Promptly upon receipt by the agency, aU written com-
ments and documentary information on the proposed rule received
from any person for inclusion to ^ME docket ^wifg the
be placed in the docket. The transcript of public hear-
ings, if any, on the proposed rule shall also be included to the
docket promptly upon receipt from the person who transcribed
such hearings. All documents which become available after the
proposed rule has been published and which the Administrator
determines are of central relevance to the ™i»m«M»ig shall be
placed to the docket as soon as possible after their availability.
"(B) The drafts of proposed rules submitted by the Admtois-
tr&vo«r to uio CjmcQ of "fl-ftpftffftnifl^iT &&d BodiVB* lor ABJT ipw0fMBmy
review process prior to proposal of any such rule, aQ docnmente
accompanying such drafts, and all written comments thereon by
other agencies and all written responses to such written comivta
by the Administrator shall be placed to the docket no later than
the date of proposal of the rule. The drafts of the final rate submit-
ted for sucn review process prior to promulgation and all such
written comzuAnts thereon. *n oocumBnts n*"i""|Miny^tl ch *^ITI*^T
wrtten comzuAnts tereon. * oocumBnts n*"i""|Minytlg suc *ITIT.
and written responses thereto shall be placed in the docket no
later than the date of promulgation.
"(d) EXPLANATION.— <1) The promulgated rule shall be accom-
panied by an explanation of the reasons for any major changes
in the promulgated rule from the proposed rule.
*X2) The promulgated rule shall •!««? be accompanied by a
response to each ofthe significant comments, criticisms, and new
data submitted in written or oral prgMntationT during thfl ^MHttumt
period.
"(3) The promulgated rule may not be based (in part or whole)
on any information or data which has not been placed in the
docket as of the date of such promulgation.
*(e) JUDICIAL REVIEW.— -The material referred to in subsection
(cX2XB) shall not be included in the record for judicial review.
"(f) EFFECTIVE DATE.— The requirements of this section shall
take effect with respect to any rule the proposal of which occurs
after 90 days after, the date ofthe enactment of this section.
-------
H.R. 5334—252
"SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
purposes of this title such sums as may be necessary.*.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—The Toxic
Substances Control Act (15 U.S.C. 2610) is amended as follows:
(1) In paragraph (1) of section 7(a), strike "or 6* and insert
"6, or title IV" and after "5" insert "or title IV".
(2) In the first sentence of subsection (a) of section 11:
(A) Strike "or mixtures" before "are manufactured* «p4
insert *, mixtures, or products subject to title IV".
(B) Insert "such products," before "or such articles".
(3) In paragraph (1) of subsection (b) of section 11, strike
"or mixtures* and insert *, mixtures, or products subject to
title TV".
(4) In paragraph (1) of section 13(aX strike "or 8" in each
place it appears and insert ", 6, or title IV" and strike "or
rand insert-, 7 or title IV.
(5) In section 16, insert "or 409* after "section 15* each
place it appears.
(6) In twction 17, amend subsection (a) to read as follows:
"(a) SPECIFIC ENFORCEMENT.—(1) The district courts of the
United States shall have jurisdiction over civil actions to—
"CA) restrain any violation of section 15 or 409,
"(B) restrain any person from fa»igfay any action prohibited
~ ~ " ~~ " tmrtiay Section
by section 5, 6, or title IV, or by a rule or order
5,6, or title IV,
"(C) compel the taking of any action required by or under
this Act, or
"(D) direct any manufacturer or processor of a chemical
substance, mixture, or product subject to title IV manufactured
or processed hi violation of section 5, 6, or title IV, or a rule
or order under section 5, 6, or title IV, and distributed in
commerce, (i) to give' notice of such fact to distributors in
ice of such substance, mixture, or product and, to the
reasonably ascertainable, to other persona in possession
extent
of such rrbfffaince, mixture, or product'or exposed to such
substance, *"*»^m^ or product, (*i) to give public notice of
such riric of injury, ana (iii) to either replace or repurchase
such substance, mixture, or product, whichever the person to
which the requirement is directed elects.*.
(7) In the first sentence of subsection (b) of section 17—
CA) strike "or mixture* after "Any <*^»<»*qt<*y^ substance*
and inserting ", mixture, or product subject to title IV";
anj
(B) insert "product," before "or article* in each place
that it appears.
(8) In section 19—
(A) In the first sentence of subsection (a), after "title
IT insert "or IV".
(B) Before the semicolon at the end of subsection
(aX3XB) insert "and in the case of a rule under title IV,
the fining1 required for tbfr imP1**"^ of such a rule*.
(9) In section 2
-------
H.R.5334-253
TITLE IV—LEAD EXPOSURE REDUCTION
•See. 401. Definition*.
•See. 402.
•See. 403.
•See. 404.
•See. 405.
dentificati
Authorized
sctivitiee braining mn4 certificati
itification of dangerou* leveii of lead.
Stftt
ent v\
program.
-ff*{ huavd ipfonnftiiMi pamphlet.
406.
•Sec. 407.
•See. 4091 Prohibited***. ' " "
•See. 410. Relationahip to other Federal law....
"See. 411. General provinon* relating to administrative proceedings.
*See. 412. Authorit**"**! of epp^ffpriii™*1*- -
(c) SHORT TITLE.—This subtitle may be cited as the "Lead-
Baaed Paint Exposure Reduction Act".
Subtitle C—Worker Protection
SEC 1031. WORKER PBOTECTXON.
Not later than 180 days after the enactment of this Act, the
Secretary of ttflbor *h*^ issue an ITI***^*^* Pn*l regulation regulating
.•*• *•••*• . . ^ • * . ^ ^^ f
occupational erposure to lead in the construction industry. Such
interim fT-—«i regulation *^a^ provide
employment and
employment to employees which are as safe and healthful as those
which would prevail under the Department of Housing and Urban
Development guidelines published at Federal Register 66, page
38973 (September 28, 1990) (Revised Chapter 8X Such interim
final regulations shall take effect upon issuance (except that such
regulations may include a reasonable delay in the effective date),
shall have the legal effect of an Occupational Safety *nd Health
Standard, and shall apply until a final standard becomes effective
under section 6 of the Occupational Safety and Health Act of
1970.
SEC. 1032. COORDINATION BETWEEN ENVIRONMENTAL PROTECTION
AGENCY AND DEPARTMENT OF LABOR.
The' Secretary of'Labor,-in promulgating regulations under
section 1031, shall consult and coordinate with the Administrator
of the Environmental Protection Agency for the purpose of achieving
the fna'ritYuiTti ^nfardtnu^T!^ of title IV of the Toxic Substances Croi*
~wl Act and the Occupational Safety aud Health Act of 1970 while
imposing the least burdens of duplicative recpiinnnttnti on those
subject to such title and Act and for other purposes.
SEC. 10SS. NIOSH BESPONSXBXUrXES.
Section 22 of the Occupational Safety and Health Act of 1970
is amended by adding the following new subsection at the end
thereof:
«(g) LEAD-BASED PAINT ACTIVITIES.—
"(1) TRAINING GRANT PROGRAM.—(A) The Institute, in
conjunction with the Administrator of the Environmental
Protection Agency, may make grants for the training and edu-
cation of workers and supervisors who are or may Be directly
engaged in lead-based paint activities.
"(B) Grants referred to in subparagraph (A) shall be
awarded to nonprofit organizations (including colleges and
universities, joint labor-management trust funds, States, and
nonprofit government employee organizations)—
*Xi) which are engaged in the training and education
of workers and supervisors who are or who may be directly
-------
H.R.5334— 254
engaged in lead-based, paint activities (as defined in title
IV of the Toxic Substances Control Act),
"(ii) which have demonstrated experience in
implementing and operating health and safety training
and education programs, Pni\ "~ ' '
"(ui) with a demonstrated ability to reach, and involve
in lead-baaed paint training programs, target populations
of individuals who are or wul be engaged in lead-based
paint activities.
Grants under this subsection shall be awarded only to those
organizations that fund at least 30 percent of their lead-based
paint activities training programs from non-Federal sources,
d contributions. Grants may also be made to
local governments to carry out such training and education
for their employees.
"(C) There are authorized to be appropriated, at a mini-
mum, $10,000,000 to the Institute for each of the fiscal years
1994 through 1997 to make grants under this paragraph.
"(2) EVALUATION OF PROGRAMS.— The Institute shall con-
duct periodic and comprehensive assessments of the efficacy
of the worker and supervisor training programs developed and
offered by those receiving grants under this section. Hie Direc-
tor shall prepare reports on the results of these assessments
addressed to the Administrator of the Environmental Protection
Agency to v^rhiHft rw?nirn*Midfl*i
-------
H.R. 5334—255
(9) evaluate the long-term cost-effectiveness of interim con-
" trol and abatement strategies; and
(10) assess the effectiveness of hazard evaluation and
reduction activities funded by-this Act
SEC. 1053. AUTHORIZATION.
Of the total amount approved in appropriation Acts- under
section 1011(o), there shall ba set aside to carry out this part
$5,000,000 for fiscal year 1993, and $5,000,000 for fiscal year 1994.
PART 2—GAO REPORT
SEC 1066. FEDERAL IMPLEMENTATION AND INSURANCE STUDY.
(a) FEDERAL IMPLEMENTATION STUDY.—The Comptroller Gen-
eral of the United States shall assess the effectiveness of Federal
enforcement and compliance with lead safety laws and regulations,
including any changes needed in annual inspection procedures to
identify lead-based paint hazards in units receiving assistance
under subsections (o) and (o) of section 8 of the United States
Housing Act of 1937.
(b) INSURANCE STUDY.—The Comptroller General of the United
States shall assess the availability of liability insurance for owners
of residential h«m«|»*g that con*1*1"* lead-hasod paint *n*^ persons
engaged in lead-based paint hazard evaluation flfi*t refaction activi-
ties. In carrying out the assessment, the Comptroller General
shall—
(1) analyze any precedents in thi* in*vt'*Tu*<* industry for
the containment 4Mid *hflteftMffit of environmental hn*flTd*. such
as asbestos, in federally assisted housing;
(2) provide an assessment of the recent insurance experi-
ence in the public hn*MrfT*g lead hazard i^ffft^fimtiftn ••»«! reduc-
tion program; and
(3) T*wi!*?nimi*r>d Tn««fny^f fog JBCT*><|f*f>g thiy availability of
liability insurance to owners and contractors engaged in feder-
ally supported work.
Subtitle E—Reports
SEC 1081. REPORTS OP THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT.
(a) ANNUAL REPORT.—Tha Secretary shall transmit to the Con-
gress an annual report that—
(1)( sets forth the Secretary's assessment of the progress
made in *mplning, inH^d^g studies th^fc ana-
lyze the relationship between interim control and abatement
activities flrd the incidence of lead pAifA^^g in resident chfl-
(3) recommends legislative i*r>^ administrative initiatives
that may improve the performance by the Department of Hous-
ing and Urban Development in combating lead hazards through
the expansion of lead hazard evaluation and reduction activi-
ties;
-------
H.R. 6334— 256
(4) describes the results of research carried out in accord-
ance with subtitle D; and
(5) estimates the amount of Federal assistance annually
expended on lead hazard evaluation and reduction activities.
(b) BIENNIAL REPORT.—
(1) IN GENERAL.— 24 months after the date of enactment
of this Act, and at the end of every 24-month period thereafter,
the Secretary shall report to the Congress on the progress
of the Department of Housing and urban Development in
implementing expanded lead-based paint hazard evaluation and
reduction activities.
(2) CONTENTS.— The report shall—
(A) assess the effectiveness of section 1018 in making
the public aware of lead-based paint hazards;
(B) estimate the extent to which lead-based paint haz-
ard evaluation and reduction activities are being conducted
in the various categories of housing;
(C) monitor and report expenditures for lead-based
paint hazard evaluation and reduction for programs within
the jurisdiction of th*y Department of Housing a"^ Urban
Development;
(D) identify the infrastructure needed to eliminate
lead-based paint hazards in all housing as expeditiously
as possible, ""*!•" fting cost-effective technology, standards
fln*i T**ffv1ff Montt trained ""^ certified contractors, certified
laboratories, liability insurance, private fi«amnng tech-
niques, and appropriate Government subsidies;
(£) assess *ne yftfont to which
described in subparagraph (D) exists, make recommenda-
tions to correct shortcomings, and provide estimates of
the coats of measures needed to build an adequate infra-
structure; and
(F) inH"^it any additional information that the Sec-
retary deems appropriate.
-------
-------
PUBLIC LAW 101-508—NOV. 5,1990 104 STAT. 1388-321
SEC W01. SHORT TITLE. PoUution
This subtitie may be cited as the "Pollution Prevention Act of oftm"0 A<*
1990". 42 use 13101
not*.
SEC M02. FINDINGS AND POLICY. 42 USC 13101.
(a) FINDINGS.—The Congress finds that:
(1) The United States of America annually produces millions
of tons of pollution and spends tens of billions of dollars per
year controlling this pollution.
(2) There are significant opportunities for industry to reduce
or prevent pollution at the source through cost-effective changes
in production, operation, and raw materials use. Such changes
offer industry substantial savings in reduced raw material,
pollution control, and liability costs as well as help protect the
environment and reduce risks to worker health and safety.
(3) Tie opportunities for source reduction are often not re-
• • • • * * • ' A « 1 «• J A!_ • J _ j • •
emphasize multi-media management of pollution; and
businesses need information and technical assistance to over-
come institutional barriers to the adoption of source reduction
practices.
(4) Source reduction is fundamentally different and more
desirable than waste management and pollution control The
Environmental Protection Agency needs to address the histori-
cal lack of attention to source reduction.
(5) As a first step in preventing pollution through source
reduction, the Environmental Protection Agency must establish
a source reduction program which collects and disseminates
information, provides financial assistance to States, and imple-
ments the other activities provided for in this subtitle.
(b) POLICY.—The Congress hereby declares it to be the national
policy of the United States that pollution should be prevented or
reduced at the source whenever feasible; pollution that cannot be
prevented should be recycled in an environmentally safe manner,
whenever feasible; pollution that cannot be prevented or recycled
should be treated in an environmentally safe manner whenever
feasible: and disposal or other release into the environment should
be employed only as a last resort and should be conducted in an
environmentally safe manner.
SEC 6603. DEFINITIONS.
For purposes of this subtitle—
(1) The term "Administrator" means the Administrator of the
Environmental Protection Agency.
(2) The term "Agency"means the Environmental Protection
Agency. / *->^
(3) pie ternv^toxic chemical'/ means any substance on the list
described in section dldU!J oi the Superfund Amendments and
Reauthorization Act of 1986.
(4) The term "release" has the same meaning as provided by
section 329(8) of the Superfund Amendments and Reauthoriza-
tion Act of 1986.
42 USC 13102.
-------
104 STAT. 1388-322 . PUBLIC* LAW 101-508-NOV. 5,1990
(5XA) The term "source reduction" means any practice
which—
(i) reduces the .amount of any hazardous substance,
pollutant, or contaminant entering any waste stream or
otherwise released into the environment (including fugitive
emissions) prior to recycling, treatment, or disposal; and
(ii) reduces the hazards to public health and the environ-
ment associated with the release of such substances, pollut-
ants, or contaminants.
The term includes equipment or technology modifications, proc-
ess or procedure modifications, reformulation or redesign of
products, substitution of raw materials, and.improvements in
housekeeping, maintenance, training, or inventory control
(B) The term "source reduction" does c Jt include cny practice
which alters the physical, chemical, or biological characteristics
or the volume of a hazardous substance, pollutant, or contami-
nant through a process or activity which itself is not integral to
and necessary for the production of a product or the providing
of a service.
(6) The term "multi-media" means * ater, air, and land.
(7) The term "SIC codes" refers to the 2-digit code numbers
used for classification of economic activity in the Standard
Industrial ^ft||*ifi cation M^n«)
42 USC 13108. SEC O04. EPA
AuTHOEima.— The Administrator shall establish in
an office to carry out the functions of the Administrator
under this subtitle. The office shall be independent of the Agency's
single-medium program offices but shall have the authority to
review and advise such offices on their activities to promote a multi-
media approach to source reduction. The office shall be under the
direction of such officer of the Agency as the Administrator shall
designate.
(b) FUNCTIONS.— The Administrator shall develop and implement
a strategy to promote source reduction. As part of the strategy, the
Administrator shall—
(1) establish standard methods of measurement of source
reduction;
(2) ensure that the Agency considers the effect of its existing
and proposed programs on source reduction efforts and shall
review regulations of the Agency prior and subsequent to their
proposal to determine their effect on source reduction;
(3) coordinate source reduction activities in each Agency
Office and coordinate with appropriate offices to promote source
reduction practices in other Federal agencies, and generic re-
search and development on techniques and processes which
have broad applicability;
(4) develop improved methods of coordinating, streamlining
and assuring public access to data collected under Federal
environmental statutes;
(5) facilitate the adoption of source reduction techniques by
businesses. This strategy shall include the use of the Source
Reduction Clearinghouse and State matching grants provided in
this subtitle to foster the exchange of information regarding
source reduction techniques, the dissemination of such informa-
tion to businesses, and the provision of technical assistance to
-------
PUBLIC LAW 101-50'8—NOV. '5,1990 104 STAT. 1388-3™
•s
businesses. The strategy shall also consider the capabilities of
various businesses to make use of source reduction techniques;
(6) identify, where appropriate, measurable goals which re-
flect the policy of this subtitle, the tasks necessary to achieve
the goals, dates at which the principal tasks are to be accom-
plished, required resources, organizational responsibilities, and
the means by which progress in meeting the goals will be
measured;
(8) establish an advisory panel of technical experts comprised
of representatives from industry, the States, and public interest
groups, to advise the Administrator on ways to improve collec-
tion and dissemination of data;
(9) establish a. training program- on source reduction
opportunities, including workshops and guidance documents,
for State and Federal permit issuance, enforcement, and inspec-
tion officials workirg within all agency program offices.
(10) identify and make recommendations to Congress to elimi-
nate barriers to scarce reduction including the use of incentives
and disincentives:
(11) identify opportunities to'use Federal procurement to
encourage source reduction;
(12) develop, test and disseminate model source reduction
auditing procedures designed to highlight source reduction
opportunities; and ' '
(IS) establish an annual award program to recognize a com-
pany or companies which operate outstanding, or innovative
source reduction programs.
SEC 6M5. GRANTS TO STATES FOR STATE TECHNICAL ASSISTANCE PRO- 42 USC 13104.
GRAMS.
(a) GENERAL AUTHORITY.—The Administrator shall make match-
ing grants to States for programs to promote the use of source
reduction techniques by businesses.
(b) CRITERIA.—when evaluating the requests for grants under this
section, the Administrator shall consider, among other things,
whether the proposed State program would accomplish the
following: -
(1) Make specific technical assistance available to businesses
seeking information about .source reduction opportunities,
including funding for experts to provide onsite technical advice
to business seeking assistance and to assist in the development
of source reduction plans.
(2) Target assistance to businesses for whom lack of informa-
tion is an impediment to source reduction.
(3) Provide training in source reduction techniques. Such
training may be provided through local engineering schools or
any otfier appropriate means.,.
(c) MATCHING FUNDS.—Federal funds used in any State program
under this section shall provide no more than 50 per centum of the
funds made available to a State in each year of that State's partici-
pation in the program.
(d) EFFECTIVENESS.—The Administrator .shall establish appro* -
priate means for measuring the effectiveness of the State grants
made under this section in promoting the use of source reduction
techniques by businesses. .
-------
104 STAT. 1388-324 " PUBLIC LAW 101-508— NOV. 5, 1990
(e) INFORMATION.— States receiving grants under this section shall
make information generated -under the grants available to the
Administrator.
42 USC 13105. SEC CMC. SOURCE REDUCTION CLEARINGHOUSE.
(a) AUTHORITY.— The Administrator shall establish a Source
Reduction Clearinghouse to compile information including a com-
puter data base which contains information on management,
technical, and operational approaches to source reduction. The
Administrator shall use the clearinghouse to—
(1) serve as a center for source reduction technology transfer,
(2) mount active .outreach and education programs by the
States to further the adoption of source reduction technologies;
and
(3) collect and compile information reported by States receiv-
ing grants under section 6605 on the operation ar d success of
State source reduction programs, «
(b) PUBLIC AVAILABILITY.— The Administrator shaT make avail-
able to the public such information on source reduction as is gath-
ered pursuant to this subtitle and such other pertinent information
and analysis regarding source reduction as may be available to the
Administrator. The data base shall permit entry and retrieval of
information to any person.
42 USC 13106. SEC 6607. SOURCE REDUCTION AND RECYCLING DATA COLLECTION.
(a) EXPORTING RBQUOUEBOBNTB.— Each owner or operator of a fad
ity required to file an annual toxic chemical release form unde*
section 313 of the Supeifund Amendments and Reauthorization Act
of 1986 ("SARA") for any toxic chemical shall include with each
such annual filing a toxic cnemicai source reduction and recycling
report for the proceeding T0 calendar year. The tflxat_fihemicfid
source reduction and recycling report shall cover each toxic chemi-
cal required to be reported in. the annual toxic chemical release
form filed by the owner or operator under section 313(c) of that Act.
This section shall take effect with the annual report filed under
section 318 for the first fall calendar year beginning after the
enactment of this subtitle.
(b) ITEMS INCLUDED IN REPORT.— The toxic chemical source reduc-
tion and recycling report required under subsection (a) shall set
. forth each of the -following on a facility-by-facility basis for each
toxic chemicalt
(1) The quantity of the chemical entering any waste stream
(or otherwise released into the environment) pnor to recycling,
treatment, or disposal during the calendar year for which the
report is filed and the percentage change from the previous
year. The quantity reported shall not include any amount re-
ported under paragraph (7). When actual measurements of the
quantity of a toxic chemical entering the waste streams are not
readily available, reasonable estimates should be made based on
best engineering judgment
(2) The amount of the chemical from the facility which is
recycled (at the facility or elsewhere) during such calendar yea,
the percentage change from the previous year, and the proce(
of recycling used.
(3) The source reduction practices used with respect to that
chemical during such year at the facility. Such practices shall
be reported in accordance with the following categories unless
TO Co m n-w«
O««h«Mv
-------
6
104 STAT. 1388-326 PUBLIC .LAW 101-508— NOV. 5, 1990
, •
available in the same manner as the data collected under section
313 of the Superfund Amendments and Reauthorization Act of 1986.
42 USC 18107. SEC MOS. EPA REPORT.
(a) BIENNIAL REPORTS.— The Administrator shall provide Congress
with a report within eighteen months after enactment of this sub-
title and biennially thereafter, containing a detailed description of
the actions taken to implement the strategy to promote source
reduction developed under section 4(b) and of the results of such
actions. The report shall include an assessment of the effectiveness
of the clearinghouse and grant program established under this
subtitle in promoting the goals of the strategy, and shall evaluate
data gape and data duplication with respect to data collected under
Federal environmental statutes.
(b) SUBSEQUENT REPORTS.— Each biennial report submitted under
subsection (a) after the first report shall contain each of the
following:
(1) An analysis of the data collected under section 6607 on *>n
industry-by-industry basis for not less than five SIC codes or
other categories as the Administrator deems appropriate. The
analysis shall begin with those SIC codes or other categories of
facilities which generate the largest quantities of toxic chemical
waste. The analysis shall include an evaluation of trends in
source reduction by industry, firm size, production, or other
useful means. Each such subsequent report shall cover five SIC
codes or other categories which were not covered in a prior
report until all SIC codes or other categories have been covered.
(2) An analysis of the usefulness and validity of the data
collected under section 6607 for measuring trends in source
reduction and the adoption of source reduction by business.
(3) Identification of regulatory and nonregulatory barriers to
source reduction, and of opportunities for using existing regu-
latory programs, and incentives and disincentives to promote
and assist source reduction.
(4) Identification of industries and pollutants that require
priority assistance in multi-media source reduction ' *
(5) Recommendations as to incentives needed to encourage
investment and research and development in source reduction.
(6) Identification of opportunities and development of prior-
ities for research and development in source reduction methods
and techniques.
(7) An evaluation of the cost and technical feasibility, by
industry and processes, of source reduction .opportunities and
current activities and an identification of any industries for
which there are significant barriers to source reduction with an
analysis of the basis of this identification.
(8) An evaluation of methods of coordinating, streamlining,
and improving public access to data collected under Federal
environmental statutes.
(9) An evaluation of data gaps and data duplication with
respect to data collected under Federal environmental statutes.
In the report following the first biennial report provided for under
. this subsection, paragraphs, (3) through (9) may be included at the
discretion of the Administrator.
So in oriciaal. Probably should t» "reduction.'1.
-------
PUBLIC-LAW 101-508—NOV. 5,1990 104 STAT. 1388-
che Administrator finds other categories to be more appro-
priate: ,_ .... .. „ ...
(A) Equipment, technology, process, or procedure modi-
fications.
(B) Reformulation or redesign of products.
(O Substitution of raw materials.
(D) Improvement in management training, inventory -
control, materials handling, Or other general operational
phases of industrial facilities.
(4) The amount expected to be reported under paragraph (1)
and (2) for the two calendar years immediately following the
calendar year for. which the report is filed. Such amount shall
be expressed as a percentage change from the amount reported
in paragraphs (1) and (2).
(5) A ratio of production in the reporting year to production in
the previous year. The ratio saould be calculated to most closely
reflect all activities involving the toxic chemicaL In specific
industrial classifications subject to this section, where a feed-
stock or some variable ot>er than production is the primary
influence on waste characteristics or volumes, the report may
provide an index based on that primary variable for each toxic
chemical. The Administrator is encouraged to develop produc-
tion indexes to accommodate individual industries for use on a
voluntary basis.
(6) The techniques which were used to identify source reduc-
tion opportunities. Techniques listed should include, but are not
limited to, employee recommendations, external and internal
audits, participative team management, and material balance
audits. Each type of source reduction listed under paragraph (3)
should be associated with the techniques or multiples of tech-
niques used to identify the source reduction technique.
(7) The amount of any toxic chemical released into the
environment which resulted from a catastrophic event re-
medial action, or other one-time event and is not associated
with production processess during the reporting year.
(8) The amount of the chemical from the facility which is
treated (at the facility or elsewhere) during such calendar year
and the percentage change from the previous year. For the first
year of reporting under this subsection, comparison with the
previous year is required only to the extent such information is
available.
(c) SARA PROVISIONS.—The provisions of sections 322, 325(c), and
326 of the Superfund Amendments and Reauthorization Act of 1986
shall apply to the reporting requirements of this section in the same
manner as to the reports required under section 313 of that Act The
Administrator may modify the form required for purposes of report-
ing information under section 313 of that Act to the extent he deems
necessary to include the.additional information required under this
-section.
(d) ADDITIONAL OPTIONAL INFORMATION.—Any person filing a
report under this section for any year may inclOtte with the report
additional information regarding source reduction, recycling, and
other pollution control techniques in earlier years.
(e) AVAILABILITY OF DATA.—Subject to section 322 of the
Superfund Amendments and Reauthorization Act of 1986, the
Administrator shall make data collected under this section publicly
-------
PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-327
SEC M09. SAVINGS PROVISIONS. ' 42 USC '
(a) Nothinf in this subtitle shall be construed to modify or inter-
fere with 1 ie implementation of title in of the Superfund
Amendments and Reauthorization Act of 1986.
(b) Nothing contained in this subtitle shall be construed, inter-
preted or applied to supplant,uiisplace, preempt or otherwise dimin-
ish the responsibilities and liabilities under other State or Federal
law, whether statutory or common.
SEC M10. AUTHORIZATION OF APPROPRIATIONS. 42 USC 13109.
There is authorized to be appropriated to the Administrator
$8,000,000 for each of the fiscal yean 1991. 1992. and 1993 for
functions carried out under this .subtitle (other than State Grants),
and $8,000,000 for each of the fiscal yean 1991,1992 and 1993, for
grant programs to States issued punuant to section 6605.
-------
-SSb
-------
SARA OF 1986
TITLE HI—EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW
SEC 300. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the "Emergency
Planning and Community Right-To-Know Act of 1986".
(b) TABLE OP CONTENTS.—The table of contents of this title is as
follows:
Sec. 300. Short title; table of content*.
Subtitle A—Emergency Planning and Notification
Sec. 301. Establishment of State commissions, planning districts, and local commit-
tee*.
Sec. 302. Substance* and facilities covered and notification.
Sec. 303. Comprehensive emergency response plan*.
Sec. 304. Emergency notification.
Sec. 305. Emergency training and review of emergency systems.
Subtitle B—Reporting Requirements
Sec. 311. Material safety data sheets.
Sec. 312. Emergency and hazardous chemical inventory forms.
Sec.-313. Toxic chemical release forms.
, Subtitle C—Genera] Provision*
Sec 321. Relationship to other law. ,
Sec. 322. Trade secrets.
Sec. 323. Provision of information to health professionals, doctors, and nurses.
Sec. 324. Public availability of plans, data sheets, forms, and followup notice*.
Sec. 325. Enforcement
Sec. 326. Civil Actions.
Sec. 327. Exemption.
See 328. Regulations.
Sec 329 Definitions.
Sec 330. Authorization of appropriations.
(42 USC 11001 note)
Subtitle A—Emergency Planning and Notification
SEC 301. ESTABLISHMENT OF STATE COMMISSIONS, PLANNING DIS-
TRICTS. AND LOCAL COMMITTEES.
(a) ESTABLISHMENT OP STATE EMERGENCY RESPONSE COMMIS-
SIONS.—Not later than six months after the date of the enactment
of this title, the Governor of each State shall appoint a State emer-
gency response commission. The Governor, may designate as the
State emergency response commission one or more existing emer-
gency response organizations that are State-sponsored or appoint-
ed. The Governor shall, to the extent practicable, appoint persons
to the State emergency response commission who have technical
expertise in the emergency response field. The State emergency re-
sponse commission shall appoint local emergency planning commit-
tees under subsection (c) and shall supervise and coordinate the ac-
tivities of such committees. The State emergency response commis-
-• »74
sion shall establish procedures for receiving and processing re-
quests from the public for information under section 324, including
tier II information under section 312. Such procedures shall include
the designation of an official to serve as coordinator for informa-
tion. If the Governor of any State does not designate a State emer-
gency response commission within such period, the Governor shall
operate as the State emergency response commission until the Gov-
ernor makes such designation.
(b) ESTABLISHMENT OP EMERGENCY PLANNING DISTRICTS.—Not
later than nine months after the date of the enactment of this title,
the State emergency response commission shall designate emergen-
cy planning districts in order to facilitate preparation and imple-
mentation of emergency plans. Where appropriate, the State emer-
gency response commission may designate existing political subdi-
visions or multijurisdictional planning organizations as such dis-
tricts. In emergency planning areas that involve more than one
State, the State emergency response commissions of all potentially
affected States may designate emergency planning districts and
local emergency planning committees by agreement. In making
such designation, the State emergency response commission shall
indicate which facilities subject to the requirements of this subtitle
are within such emergency planning district. ;
(c) ESTABLISHMENT OP LOCAL EMERGENCY PLANNING COMMIT-
TEES.—Not later than 30 days after designation of emergency plan-
ning districts or 10 months after the date of the enactment of this
title, whichever is earlier, the State emergency response commis-
sion shall appoint members of a local emergency planning commit-
tee for each emergency planning district. Each committee shall in-
clude, at a minimum, representatives from each of the following
groups or organizations: elected State and local officials; law en-
forcement, civil defense, firefighting, first aid, health, local environ-
mental, hospital, and transportation personnel; broadcast and print
media; community groups; and owners and o|>erators of facilities
subject to the requirements of this subtitle. Such committee shall
appoint a chairperson and shall establish rules by which the com-
mittee shall function. Such rules shall include provisions for public
notification of committee activities, public meetings to discuss the
emergency plan, public comments, response to such comments by
the committee, and distribution of the emergency plan. The local
emergency planning committee shall establish procedures for re-
ceiving and processing requests from the public for information
under section 324, including tier II information under section 312.
Such procedures shall include the designation of an official to serve
as coordinator for information.
(d) REVISIONS.—A State emergency response commission may
revise its designations and appointments under subsections (b) and
(c) as it deems appropriate. Interested persons may petition the
State emergency response commission to modify the membership of
a local emergency planning committee.
[42 USC. iiooi)
SEC. 302. SUBSTANCES AND FACILITIES COVERED AND NOTIFICATION.
(a) SUBSTANCES COVERED.—
-------
S«e.302
SARA OF 1986
976
cn
(1) IN.GENERAL.—A substance is subject to the requirements
of this subtitle if the substance is on the list published under
paragraph (2).
(2) LIST OF EXTREMELY HAZARDOUS SUBSTANCES.—Within 30
days after the date of the enactment of this title, the Adminis-
trator shall publish a list of extremely hazardous substances.
The list shall be the same as the list of substances published in
November 1985 by the Administrator in Appendix A of the
"Chemical Emergency Preparedness Program Interim Guid-
ance". .
(3) THRESHOLDS.—(A) At the time the list referred to in para-
graph (2) is published the Administrator shall—
(i) publish an interim final regulation establishing a
threshold planning quantity for each substance on the list,
taking into account the criteria described in paragraph (4),
and '•
(ii) initiate a rulemaking in order to publish final regula-
tions establishing a threshold planning quantity for each
substance on the list.
(B) The threshold planning quantities may, at the Adminis-
trator's discretion, be based on classes of chemicals or catego-
ries of facilities.
(C) If the Administrator fails to publish an interim final reg-
ulation establishing a threshold planning quantity for a sub-
stance within 30 days after the date of the enactment of this
title, the threshold planning quantity for the substance shall
be 2 pounds until such time as the Administrator publishes
regulations establishing a threshold for the substance.
(4) REVISIONS.—The Administrator may revise the list and
thresholds under paragraphs (2) and (3) from time to time. Any
revisions to the list shall take into account the toxicity, reac-
tivity, volatility, dispensability, combustibility, or flammability
of a substance. For purposes of the preceding sentence, the
term "toxicity" shall include any short- or long-term health
effect which may result from a short-term exposure to the sub-
stance.
(b) FACILITIES COVERED.—(1) Except as provided in section 304, a
facility is subject to the requirements of this subtitle if a substance
on the list referred to in subsection (a) is present at the facility in
an amount in excess of the threshold planning quantity established
for such substance.
(2) For purposes of emergency planning, a Governor or a State
emergency response commission may designate additional facilities
which shall be subject to the requirements of this subtitle, if such
designation is made after public notice and opportunity for com-
ment. The Governor or State emergency response commission shall
notify the facility concerned of any facility designation under this
paragraph.
(c) EMERGENCY PLANNING NOTIFICATION.—Not later than seven
months after the date of the enactment of this title the owner or
operator of each facility subject to the requirements of this subtitl*
by re§^ ;f subsection (bXl) shall notify the State emergency r*>
nission for the State in which such facility is located
I
that such facility is subject to the requirements of this subtitle.
Thereafter, if a substance on the list of extremely hazardous sub-
stances referred to in subsection (a) first becomes present at such
facility in excess of the threshold planning quantity established for
such substance, or if there is a revision of such list and the facility
has present a substance on the revised list in excess of the thresh-
old planning quantity established for such substance, the owner or
operator of the facility shall notify the State emergency response
commission and the local emergency planning committee within 60
days after such acquisition or revision that such facility is subject
to the requirements of this subtitle.
(d) NOTIFICATION or ADMINISTRATOR.—The State emergency re-
sponse commission shall notify the Administrator of facilities sub-
ject to the requirements of this subtitle by notifying the Adminis-
trator of—
(1) each notification received from a facility under subsection
(c), and
(2) each facility designated by the Governor or State emer-
gency response commission under subsection (bX2). •
(42 UAC. 11002]
SEC 3M. COMPREHENSIVE EMERGENCY RESPONSE PLANS. ;
(a) PLAN REQUIRED.—Each local emergency planning'committee
shall complete preparation of an emergency plan in accordance
with this section not later than two years after the date of the en-
actment of this title. The committee shall review such plan once a
year, or more frequently as changed circumstances in the commu-
nity or at any facility may require. ;
(b) RESOURCES.—Each local emergency planning committee shall
evaluate the need for resources necessary to develop, implement,
and exercise the emergency plan, and shall make recommendations
with respect to additional resources that may be required and the
means for providing such additional resources. I
(c) PLAN PROVISIONS.—Each emergency plan shall include (but is
not limited to) each of the following:
(1) Identification of facilities subject to the requirements of
this subtitle that are within the emergency planning district,
identification of routes likely to be used for the transportation.
of substances on the list of extremely hazardous substances re-
ferred to in section 302(a), and identification of additional fa-
cilities contributing or subjected to additional risk due to their
proximity to facilities subject to the requirements of this sub-
title, such as hospitals or natural gas facilities.
(2) Methods and procedures to be followed by facility owners
and operators and local emergency and medical personnel to
respond to any release of such substances.
(3) Designation of a community emergency coordinator and
facility emergency coordinators, who shall make determina-
tions necessary to implement the plan.
(4) Procedures providing reliable, effective, and timely notifi-
cation by the facility emergency coordinators and the cor^-^u-
Kity emergency coordinator to persons designated in the J
•ncy plan, and to the public, that a release has occur ret
-------
SARA OF 1986
978
s!3WT.t. with the emergency notification requirements of section
304).
(5) Methods for determining the occurrence of a release, and
the area or population likely to be affected by such release.
(6) A description of emergency equipment and facilities in
the community and at each facility in the community subject
to the requirements of this subtitle, and an identification of
the persons responsible for such equipment and facilities.
(7) Evacuation plans, including provisions for a precaution-
ary evacuation and alternative traffic routes.
(8) Training programs, including schedules for training of
local emergency response and medical personnel.
• (9) Methods and schedules for exercising the emergency plan.
(d) PROVIDING OF INFORMATION.—For each facility subject to the
requirements of this subtitle:
(1). Within 30 days after establishment of a local emergency
planning committee for the emergency planning district in
which such facility is located, or within 11 months after the
date of the enactment of this title, whichever is earlier,, the
owner or operator of the facility, shall notify the emergency
planning committee (or the Governor if there is no committee)
of a facility representative who will participate in the emer-
gency planning process as a facility emergency coordinator.
(2) The owner or operator of the facility shall promptly
inform the emergency planning committee of any relevant
changes occurring at such facility as such changes occur or are
expected to occur.
(3) Upon request from the emergency planning committee,
the owner or operator of the facility shall promptly provide in-
formation to such committee necessary for developing and im-
plementing the emergency plan.
(ft REVIEW BY THE STATE EMERGENCY RESPONSE COMMISSION.—
After completion of an emergency plan under subsection (a) for an
emergency planning district, the local emergency planning commit-
tee shall suqmit a copy of the plan to the State emergency response
commission of each State in which such district is located. The
commission shall review the plan and make recommendations to
the committee on revisions of the plan that may be necessary to
ensure coordination of such plan with emergency response plans of
other emergency planning districts. To the maximum extent practi-
cable, such review shall not delay implementation of such plan.
(0 GUIDANCE DOCUMENTS.—The national response team, as estab-
lished pursuant to the National Contingency Plan as established
under section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.),
shall publish guidance documents for preparation and implementa-
tion of emergency plans. Such documents shall be published not
later than five months after the date of the enactment of this title.
(g) REVIEW OF PLANS BY REGIONAL RESPONSE TEAMS.—The region-
al response teams, as established pursuant to the National Contin-
gency Plan as established under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.), may review and comment upon an emer-
SARA OF 1986
plan or other issues related to preparation, implemei......lonr
or exercise of such a plan upon request of a local emergency plan-
ning committee. Such review shall not delay implementation of the
plan.
[42 VSC. 11003]
SEC 304. EMERGENCY NOTIFICATION.
(a) TYPES OF RELEASES.—
(1) 802(a) SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—If a re-
lease of an extremely hazardous substance referred to in sec-
tion 802(a) occurs from a facility at which a hazardous chemi-
cal is produced, used, or stored and such release requires a no-
tification under section 103(a) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(hereafter in this section referred to as "CERCLA") (42 U.S.C.
9601 et seq.), the owner or operator of the facility shall imme-
diately provide notice as described in subsection (b).
(2) Onus 302(a) SUBSTANCE.—If a release of an extremely
hazardous substance referred to in section 302(a) occurs from a
facility at which a hazardous chemical is produced, used, or
stored, and such release is not subject to the notification re-
quirements under section 103(a) of CERCLA, the owner or op-
erator of the facility shall immediately provide notice as de-
scribed in subsection (b), but only if the release—
(A) is not a federally permitted release as defined in sec-
tion 101(10) of CERCLA, :
(B) is in an amount in excess of a Quantity which the Ad-
ministrator has determined (by regulation) requires notice,
and :
(C) occurs in a manner which would require notification
under section 103(a) of CERCLA.
Unless and until superseded by regulations establishing a
quantity for an extremely hazardous subwtance described in
this paragraph, a quantity of 1 pound shall be deemed that
quantity the release of which requires notice as described in
subsection (b).
(3) NoN-302(a) SUBSTANCE WHICH REQUIRES CERCLA NOTICE.—If
a release of a substance which is not on the list referred to in
section 302(a) occurs at a facility at which a hazardous chemi-
cal is produced, used, or stored, and such release requires noti-
fication under section 103(a) of CERCLA. the owner or operator
shall provide notice as follows:
(A) If the substance is one for which a reportable quanti-
ty has been established under section 102(a) of CERCLA,
the owner or operator shall provide notice as described in
subsection (b).
(B) If the substance is one for which a reportable quanti-
ty has not been established under section 102(a) of
CERLCA—
(i) Until April 30, 1988, the owner or operator shall
provide, for releases of one pound or more of the sub-
stance the same notice to the community emergency
coordinator for the local emergency planning commit-
tee, at the same time and in the same form, as notice
-------
Sec. 304
SARA OF 1986
980
is provided to the National Response Center under sec-
tion 103(a)of CERCLA.
(ii) On and after April 30, 1988, the owner or opera-
tor shall provide, for releases of one pound or more of
the substance, the notice as described in subsection (b).
(4) EXEMPTED RELEASES.—This section does not apply to any
release which results in exposure to persons solely within the
site or sites on which a facility is located.
(b) NOTIFICATION.—
(1) RECIPIENTS OP NOTICE.—Notice required under subsection
(a) shall be given immediately after the release by the owner
or operator of a facility (by such means as telephone, radio, or
in person) to the community emergency coordinator for the
local emergency planning committees, if established pursuant
to section 301(c), for any area likely to be affected by the re-
lease and to the State emergency planning commission of any
State likely to be affected by the release. With respect to trans-
portation of a substance subject to the requirements of this sec-
tion, or storage incident to such transportation, the notice re-
quirements of this section with respect to a release shall be
satisfied by dialing 911 or, in the absence of a 911 emergency
telephone number, calling the operator.
(2) CONTENTS.—Notice required under subsection (a) shall in-
clude each of the following (to the extent known at the time of
the notice and so long as no delay in responding to the emer-
gency results): \
(A) The chemical name or identity of any substance in-
volved in the release.
(B) An indication of whether the substance is on the list
referred to in section 302(a).
(C) An estimate of the quantity of any such substance
that was released into the environment.
(U) The time and duration of the release.
(E) The medium or media into which the release oc-
curred.
(F) Any known or anticipated acute or chronic health
risks associated with the emergency and, where appropri-
ate, advice regarding medical attention necessary for ex-
posed individuals.
(G) Proper precautions to take as a result of the release,
including evacuation (unless such information is readily
available to the community emergency coordinator pursu-
ant to the emergency plan).
(H) The name and telephone number of the person or
persons to be contacted for further information.
(c) FOLLOWUP EMERGENCY NOTICE.—As soon as practicable after a
release which requires notice under subsection (a), such owner or
operator shall provide a written followup emergency notice (or no-
tices, as more information becomes available) setting forth and up-
dating the information required under subsection (b), and including
additional--formation with respect to—
(tfife us taken to respond to and contain the release,
981
SARA OF 1986
Sec. 305
(2) any known or anticipated acute or chronic health risks
associated with the release, and
(3) where appropriate, advice regarding, medical attention
necessary for exposed individuals.
(d) TRANSPORTATION EXEMPTION Nor APPLICABLE.— The exemp-
tion provided in section 327 (relating to transportation) does not
apply to this section.
[42 U.8.C. 11004)
SEC. 305. EMERGENCY TRAINING AND REVIEW OP EMERGENCY SYSTEMS.
(a) EMERGENCY TRAINING.—
(1) PROGRAMS.—Officials of the United States Government
carrying out existing Federal programs fur emergency (.mining
are authorized to specifically provide training and education
programs for Federal, State, and local personnel in hazard
mitigation, emergency preparedness, fire prevention and con-
trol, disaster response, long-term disaster recovery, national se-
curity, technological and natural hazards, and emergency proc-
esses. Such programs shall provide special emphasis for such
training and education with respect to hazardous chemicals.
(2) STATE AND LOCAL PROGRAM SUPPORT.—There is authorized
to be appropriated to the Federal Emergency Management
Agency for each of the fiscal years 1987, 1988, 1989, and 1990,
$5,000,000 for making grants to support programs of State and
local governments, and to support university-sponsored pro-
grams, which are designed to improve emergency planning.
Sreparedness, mitigation, response, and recovery capabilities
uch programs shall provide special emphasis with rc'spc-ci to
emergencies associated with hazardous chemicals: Surd Brants
may not exceed 80 percent of the cost of any such program.
The remaining 20 percent of such costs shall be.funded from
non-Federal sources. '
(3) OTHER PROGRAMS.—Nothing in this section shiill affi-ct
the availability of appropriations to the Federal Emergency
Management Agency for any programs carried out by such
agency other than the programs referred to in paragraph (2).
(b) REVIEW or EMERGENCY SYSTEMS.—
(1) REVIEW.—The Administrator shall initiate, not later than
30 days after the date of the enactment of this title, a review of
emergency systems for monitoring, detecting, and preventing
releases of extremely hazardous substances at representative
domestic facilities that produce, use, or store extremely hazard-
ous substances. The Administrator may select representative
extremely hazardous substances from the substances on the
list referred to in section 302(a) for the purposes of this review.
The Administrator shall report interim findings to the Con-
gress not later than seven months after such date of enact-
ment, and issue a final report of findings and recommenda-
tions to the Congress not later than 18 months after such date
of enactment. Such report shall be prepared in consultation
with the States and appropriate Federal agencies.
(2) REPORT.—The report required by this subsection •' "I
elude the Administrator's findings regarding each o! \
lowing:
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Sec. 311
SARA OF 1988
982
(A) The status of current technological capabilities to (i)
monitor, detect, and prevent, in a timely manner, signifi-
cant releases of extremely hazardous substances, (ii) deter-
mine the magnitude and direction of the hazard posed by
each release, (Hi) identify specific substances, (iv) provide
data on the specific chemical composition of such releases,
and (v) determine the relative concentrations of the con-
stituent substances.
(B) The status of public emergency alert devices or sys-
tems for providing timely and effective public warning of
an accidental release of extremely hazardous substances
into the environment, including releases into the atmos-
phere, surface water, or groundwater from facilities that
produce, store, or use significant quantities of such ex-
tremely hazardous substances.
(C) The technical and economic feasibility of establish-
ing, maintaining, and operating perimeter alert systems
for detecting releases of such extremely hazardous sub-
stances into the atmosphere, surface water, or groundwat-
er, at facilities that manufacture, use, or store significant
quantities of such substances.
(3) RECOMMENDATIONS.—The report required by this subsec-
tion shall also include the Administrator's recommendations
for— :
(A) initiatives to support the development of new or im-
proved technologies or systems that would facilitate the
timely monitoring, detection, and prevention of releases of
extremely hazardous substances, and
(B) improving devices or systems for effectively alerting
the public in a timely manner, in the event of an acciden-
tal release of such extremely hazardous substances.
I42US.C. 11005)
Subtitle B—Reporting Requirements
SEC. 311. MATERIAL SAFETY DATA SHEETS.
(a) BASIC REQUIREMENT.—
(1) SUBMISSION or MSDS OR LIST.—The owner or operator of
any facility which is required to prepare or have available a
material safety data sheet for a hazardous chemical under the
Occupational Safety and Health Act of 1970 and regulations
promulgated under that Act (15 U.S.C. 651 et seq.) shall submit
a material safety data sheet for each such chemical, or a list of
such chemicals as described in paragraph (2), to each of the fol-
lowing:
(A) The appropriate local emergency planning commit-
tee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facili-
ty.
(2) CONTENTS OF LIST.—< A) The list of chemicals referred to in
paragraph (1) shall include each of the following:
. (i) A list of the hazardous chemicals for which a material
safety data sheet is required under the Occupational
SARA OF 1986
Safety and Health Act of 1970 and regulations promulgat-
ed under that Act, grouped in categories of health and
physical hazards as set forth under such Act and regula-
tions promulgated under such Act, or in such other catego-
ries as the Administrator may prescribe under subpara-
graph (B).
(ii) The chemical name or the common name of each
such chemical as provided on the material safety data
sheet.
(iii) Any hazardous component of each such chemical as
provided on the material safety data sheet.
(B) For purposes of the list under this paragraph, the Admin-
istrator may modify the categories of health and physical haz-
ards as set forth under the Occupational Safety and Health
Act of 1970 and regulations promulgated under that Act by re-
quiring information to be reported in terms of groups, of haz-
ardous chemicals which present similar hazards in an emer-
gency.
(3) TREATMENT OF MIXTURES.—An owner or operator may
meet the requirements of this section with respect to a hazard-
ous chemical which is a mixture by doing one of the following:
(A) Submitting a material safety data sheet for, or iden-
tifying on a list, each element or compound in the mixture
which is a hazardous chemical. If more than one mixture
has the same element or compound, only one material
safety data sheet, or one listing, of the element or com-
pound is necessary.
(B) Submitting a material safety data sheet for, or iden-
tifying on a list, the mixture itself.
(b) THRESHOLDS.—The Administrator may establish threshold
quantities for hazardous chemicals below which nu facility shall be
subject to the provisions of this section. The threshold quantities
may, in the Administrator's discretion, be based on classes of
chemicals or categories of facilities.
(c) AVAILABILITY OF MSDS ON REQUEST.—
(1) TO LOCAL EMERGENCY PLANNING COMMITTEE.—If an owner
or operator of a facility submits a list of chemicals under sub-
section (aXD, the owner or operator, upon request by the local
emergency planning committee, shall submit the material
safety data sheet for any chemical on the list to such commit-
tee.
(2) To PUBLIC.—A local emergency planning committee, upon
request by any person, shall make available a material safety
data sheet to the person in accordance with section 324. If the
local emergency planning committee does not have the re-
quested material safety data sheet, the committee shall request
the sheet from the facility, owner or operator and then make
the sheet available to the person in accordance with section
324.
(d) INITIAL SUBMISSION AND UPDATING.—(1) The initial material
safety data sheet or list required under this section with respect to
a hazardous chemical shall be provided before the later of—
(A) 12 months after the date of the enactment of this title, or
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Sec. 312
SARA OF 1986
984
(B) 3 months after the owner or operator of a facility is re-
quired to prepare or have available a material safety data
sheet for the chemical under the Occupational Safety and
Health Act of 1970 and regulations promulgated under that
Act.
(2) Within 3 months following discovery by an owner or operator
of significant new information concerning an aspect of a hazardous
chemical for which a material safety data sheet was previously sub-
mitted to the local emergency planning committee under subsec-
tion (a), a revised sheet shall be provided to such person.
(e) HAZARDOUS CHEMICAL DEFINED.—For purposes of this section,
the term "hazardous chemical" has the meaning given such term
by section 1910.12(KKc) of title 29 of the Code of Federal Regula-
tions, except that such term does not include the following:
(I) Any food, food additive, color additive, drug, or cosmetic
regulated by the Food and Drug Administration.
(2) Any substance present as a solid in any manufactured
item to the extent exposure to the substance does not occur
under normal conditions of use.
(3) Any substance to the extent it is used for personal,
family, or household purposes, or is present in the same form
and concentration as a product packaged for distribution and
use by the general public.
(4) Any substance to the extent it is used in a research labo-
ratory or a hospital or other medical facility under the direct
supervision of a technically qualified individual.
(5) Any substance to the extent it is used in routine agricul-
tural operations or is a fertilizer held for sale by a retailer to
the ultimate customer.
|42 US.C. 11021J
SEC. 312. EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS.
(a) BASIC REQUIREMENT.—(!) The owner or operator of any facili-
ty which is required to prepare or have available a material safety
data sheet for a hazardous chemical under the Occupational Safety
and Health Act of 1970 and regulations promulgated under that
Act shall prepare and submit an emergency and hazardous chemi-
cal inventory form (hereafter in this title referred to as an "inven-
tory form") to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) The inventory form containing tier I information (as described
in subsection (dXl)) shall be submitted on or before March 1_ 1988,
and annually thereafter March 1, and shall contain data with re-
spect to the preceding calendar year. The preceding sentence does
not apply if an owner or operator provides, by the same deadline
and with respect to the same calendar year, tier II information (as
described in subsection (dX2)) to the recipients described in para-
graph (1).
(3) An^^ner or operator may meet the requirements of this sec-
tion wj^^B oect to a hazardous chemical which is a mixture by
doing c^^P he following:
i
985
SARA OF 1986
See. 312
(A) Providing information on the inventory form "on each ele-
ment or compound in the mixture which is a hazardous chemi-
cal. If more than one mixture has the same element or com-
pound, only one listing on the inventory form for the element
or compound at the facility is necessary.
(B) Providing information on the inventory form on the mix-
ture itself.
(b) THRESHOLDS.—The Administrator may establish threshold
quantities for hazardous chemicals covered by this section below
which no facility shall be subject to the provisions of this section.
The threshold quantities may, in the Administrator's discretion, be
based on classes of chemicals or categories of facilities.
(c) HAZARDOUS CHEMICALS COVERED.—A hazardous chemical sub-
ject to the requirements of this section is any hazardous chemical
for which a material safety data sheet or a listing is required under
section 311.
(d) CONTENTS or FORM.—
(1) TIER I INFORMATION.—
(A) AGGREGATE INFORMATION BY CATEGORY.—An invento-
ry form shall provide the information described in sub-
paragraph (B) in aggregate terms for hazardous chemicals
in categories of health and physical hazards as set forth
under the Occupational Safety and Health Act of 1070 and
regulations promulgated under that Act. f
(B) REQUIRED INFORMATION.—The information referred
to in subparagraph (A) is the following:
(i) An estimate (in ranges) of the maximum amount
of hazardous chemicals in each category present at the
facility at any time during the preceding calendar
year. .
(ii) An estimate (in ranges) of the average daily
amount of hazardous chemicals in each category
present at the facility during the preceding calendar
year.
(iii) The general location of hazardous chemicals in
each category. . ;
(C) MODIFICATIONS.—For purposes of reporting informa-
tion under this paragraph, the Administrator may—
(i) modify the categories of health and physical haz-
ards as set forth under the Occupational Safety and
Health Act of 1970 and regulations promulgated under
that Act by requiring information to be reported in
terms of groups of hazardous chemicals which present
similar hazards in an emergency, or
(ii) require reporting on individual hazardous chemi-
cals of special concern to emergency response person-
nel.
(2) TIER ii INFORMATION.—An inventory form shall provide
the following additional, information for each hazardous chemi-
cal present at the facility, but only upon request and in accord-
e with subsection (e):
(A) The chemical name or the common name
chemical as provided on the material safety data sh
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Sec. 3|
SARA OF 1986
916
SARA OF 1986
(B) An estimate (in ranges) of the maximum amount of
the hazardous chemical present at the facility at any time
during the preceding calendar year.
(C) An estimate (in ranges) of the average daily amount
of the hazardous chemical present at the facility during
the preceding calendar year.
• (D) A brief description of the manner of storage of the
hazardous chemical.
(E) The location at the facility of the hazardous chemi-
cal. '
(F) An indication of whether the owner elects to with-
hold location information of a specific hazardous chemical
from disclosure to the public under section 324.
(e) AVAILABILITY OF TIER II INFORMATION.—
(1) AVAILABILITY TO STATE COMMISSION, LOCAL COMMITTEES,
AND FIRE DEPARTMENTS.—Upon request by a State emergency
planning commission, a local emergency planning committee,
or a fire department with jurisdiction over the facility, the
owner or operator of a facility shall provide tier II information,
as described in subsection (d), to the person making the re-
quest. Any such request shall be with respect to a specific facil-
ity.
(2) AVAILABILITY TO OTHER STATE AND LOCAL OFFICIALS.—A
State or local official acting in his or her official capacity may
have access to tier II information by submitting a request to
the State emergency response commission or the local emer-
gency planning committee. Upon receipt of a request for tier II
information, the State commission or local committee shall,
pursuant to paragraph (1), request the facility owner or opera-
tor for the tier II information and make available such infor-
mation to the official.
(3) AVAILABILITY TO PUBLIC.—
(A) IN GENERAL.—Any person may request a State emer-
gency response commission or local emergency planning
committee for tier II information relating to the preceding
calendar year with respect to a facility. Any such request
shall be in writing and shall be with respect to a specific
facility.
(B) AUTOMATIC PROVISION OF INFORMATION TO PUBLIC.—
Any tier II information which a State emergency response
commission or local emergency planning committee has in
its possession shall be made available to a person making
a request under this paragraph in accordance with section
324. If the State emergency response commission or local
emergency planning committee does not have the tier II
information in its possession, upon a request for tier II in-
formation the State emergency response commission or
local emergency planning committee shall, pursuant to
paragraph (1), request the facility owner or operator for
tier II information with respect to a hazardous chemical
which a facility has stored in an amount in excess of
10,000 pounds present at the facility at any time during
the preceding calendar year and make such information
available in accordance with section 324 to the person
making the request.
(C) DISCRETIONARY PROVISION OF INFORMATION TO
PUBLIC.—In the case of tier II information which is not in
the possesion of a State emergency response commission or
local emergency planning committee and which is with re-
spect to a hazardous chemical which a facility has stored
in an amount less than 10,000 pounds present at the facili-
ty at any time during the preceding calendar year, a re-
quest from a person must include the general need for the
information. The State emergency response commission or
local emergency planning committee may, "pursuant to
paragraph (1), request the facility owner or operator for
the tier II information on behalf of the person making the
request. Upon receipt of any information requested on
behalf of such person, the State emergency response com-
mission or local emergency planning committee shall
make the information available in accordance with section
324 to the person. :•
(D) RESPONSE IN 45 DAYS.—A State emergency response
commission or local emergency planning committee shall
respond to a request for tier II information under this
paragraph no later than 45 days after the date of receipt
of the request.
(f) FIRE DEPARTMENT ACCESS.—Upon request to an owner or oper-
ator of a facility which files an inventory form under this section
by the fire department with jurisdiction over the facility, the owner
or operator of the facility shall allow the fire department to con-
duct an on-site inspection of the facility and shall provide to the
fire department specific location information on hazardous chemi-
cals at the facility. :
(g) FORMAT OF FORMS.—The Administrator shall publish a uni-
form format for inventory forms within three months after the
date of the enactment of this title. If the Administrator does not
publish such forms, owners and operators of facilities subject to the
requirements of this section shall provide the information required
under this section by letter.
(42 U.8.C. 11022]
SEC. 313. TOXIC CHEMICAL RELEASE FORMS.
(a) BASIC REQUIREMENT.—The owner or operator of a facility sub-
ject to the requirements of this section shall complete a toxic chem-
ical release form as published under subsection (g) for each toxic
chemical listed under subsection (c) that was manufactured, proc-
essed, or otherwise used in quantities exceeding the toxic chemical
threshold quantity established by subsection (0 during the preced-
ing calendar year at such facility. Such form shall be submitted to
the Administrator and to an official or officials of the State desig-
nated by the Governor on or before July 1, 1988, and annually
thereafter on July 1 and shall contain data reflecting releases
during the preceding calendar year.
(b) COVERED OWNERS AND OPERATORS OF FACILITIES.—
(1) IN GENERAL.—(A) The requirements of this section shall
apply to owners and operators of facilities that have 10 or
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Sec. 313
SARA OF 1986.
9U
more full-time employees and that are in Standard Industrial
Classification Codes 20 through 39 (as in effect on July 1, 1985)
and that manufactured, processed, or otherwise used a toxic
chemical listed under subsection (c) in excess of the quantity of
that toxic chemical established under subsection (f) during the
calendar year for which a release form is required under this
section.
(B) The Administrator may add or delete Standard Industrial
Classification Codes for purposes of subparagraph (a), but only
to the extent necessary to provide that each Standard Industri-
al Code to which this section applies is relevant to the pur-
poses of this section.
(C) For purposes of this section—
(i) The term "manufacture" means to produce, prepare,
import, or compound a toxic chemical.
(ii) The term "process" means the preparation of a toxic
chemical, after its manufacture, for distribution in com-
merce—
(I) in the same form or physical state as, or in a dif-
ferent form or physical state from, that in which it
was received by the person so preparing such chemi-
cal, or
(II) as part of an article containing the toxic chemi-
cal, j
(2) DISCRETIONARY APPLICATION TO ADDITIONAL FACILITIES.—
The Administrator, on his own motion or at the request of a
Governor of a State (with regard to facilities located in that
State), may apply the requirements of this section to the
owners and operators of any particular facility that manufac-
tures, processes, or otherwise uses a toxic chemical listed
under subsection (c) if the Administrator determines that such
action is warranted on the basis of toxicity of the toxic chemi-
cal, proximity to other facilities that release the toxic chemical
or to population centers, the history of releases of such chemi-
cal at such facility, or such other factors as the Administrator
deems appropriate.
(c) Toxic CHEMICALS COVERED.—The toxic chemicals subject to
the requirements of this section are those chemicals on the list hi
Committee Print Number 99-169 of the Senate Committee on Envi-
ronment and Public Works, titled "Toxic Chemicals Subject to Sec-
tion 313 of the Emergency Planning and Community Right-Tc-
Know Act of 1986" (including any revised version of the list as may
be made pursuant to subsection (d) or (e)).
(d) REVISIONS BY ADMINISTRATOR.—
(1) IN GENERAL.—The Administrator may by rule add or
delete a chemical from the list described in subsection (c) at
J any time.
(2) ADDITIONS.—A chemical may be added if the Adminiatra-
tor determines, in his judgment, that there is sufficient evi-
dence to establish any one of the following:
(A) The chemical is known to cause or can reasonably be
oated to cause significant adverse acute human
effects at concentration levels that are reasonably
1 ' •
989
SARA OF 1986
Sec. 313
likely to exist beyond facility site boundaries as a result of
continuous, or frequently recurring, releases.
(B) The chemical is known to cause or can reasonably be
anticipated to cause in humans—
(i) cancer or teratogenic effects, or
(ii) serious or irreversible—
(I) reproductive dysfunctions,
(II) neurological disorders,
(III) heritable genetic mutations, or
(IV) other chronic health effects.
(C) The chemical is known to cause or can reasonably be
anticipated to cause, because of—
(i) its toxicity,
(ii) its toxicity and peraiHtcncc in the environment,
or
I (iii) its toxicity and tendency to bioaccumulate in
the environment,
a significant adverse effect on the environment of suffi-
cient seriousness, in the judgment of the Administrator, to
warrant reporting under this section. The number of
chemicals included on the list described in subsection (c)
on the basis of the preceding sentence may constitute in
the aggregate no more than 25 percent of the total number
of chemicals on the list. ;
A determination under this paragraph shall be based on gener-
ally accepted scientific principles or laboratory tests, or appro-
priately designed and conducted epidemiological or other popu-
lation studies, available to the Administrator.
(3) DELETIONS.—A chemical may be deleted if the Adminis-
trator determines there is not sufficient evidence to establish
any of the criteria described in paragraph (2).
(4) EFFECTIVE DATE.—Any revision made on or after January
1 and before December 1 of any calendar year shall take effect
beginning with the next calendar year. Any revision made on
or after December 1 of any calendar year and before January 1
of the next calender year shall take effect beginning with the
calendar year following such next calendar year.
(e) PETITIONS.—
(1) IN GENERAL.—Any person may petition the Administrator
to add or delete a chemical from the list described in subsec-
tion (c) on the basis of the criteria in subparagraph (A) or (B) of
subsection (dX2). Within 180 days after receipt of a petition, the
Administrator shall take one of the following actions: ,
(A) Initiate a rulemaking to add or delete the chemical
to the list, in accordance with subsection (dX2) or (dX3).
(B) Publish an explanation of why the petition is dented.
(2) GOVERNOR PETITIONS.—A State Governor may petition the
Administrator to add or delete a chemical from the list de-
scribed in subsection (c) on the basis of the criteria in subpara-
graph (A), (B), or (C) of subsection (dX2). In the case of such a
petition from a State Governor to delete a chemical, th -
fjon shall be treated in the same manner as a petition i
under paragraph (1) to delete n chemical. In the case; ol
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Sec 313_
SARA OF 1986
990
petition from a State Governor to add a chemical, the chemical
will be added to the list within 180 days after receipt of the
petition, unless the Administrator —
(A) initiates a rulemaking to add the chemical to the
list, in accordance with subsection (dX2), or
(B) publishes an explanation of why the Administrator
believes the petition does not meet the requirements of
subsection (dX2) for adding a chemical to the list.
(f) THRESHOLD FOR REPORTING.—
(1) Toxic CHEMICAL THRESHOLD AMOUNT.— The threshold
amounts for purposes of reporting toxic chemicals under this
section are as follows:
(A) With respect to a toxic chemical used at a facility,
10,000 pounds of the toxic chemical per year.
. (B) With respect to a toxic chemical manufactured or
processed at a facility—
(i) For the toxic chemical release form required to be
submitted under this section on or before July 1, 1988,
75,000 pounds of the toxic chemical per year.
(ii) For the form required to be submitted on or
before July 1, 1989, 50,000 pounds of the toxic chemi-
cal per year.
(iii) For the form, required to be submitted on or
before July 1, 1990, and for each form thereafter,
25,000 pounds of the toxic chemical per year.
(2) REVISIONS.— The Administrator may establish a threshold
amount for a toxic chemical different from the amount estab-
lished by paragraph (1). Such revised threshold shall obtain re-
porting on a substantial majority of total releases of the chemi-
cal at all facilities subject to the requirements of this section.
The amounts established under this paragraph may, at the Ad-
ministrator's discretion, be based on classes of chemicals or
categories of facilities.
tg) FORM.—
(1) INFORMATION REQUIRED.— Not later than June 1, 1987, the
Administrator shall publish a uniform toxic chemical release
form for facilities covered by this section. If the Administrator
does not publish such a form, owners and operators of facilities
subject to the requirements of this section shall provide the in-
formation required under this subsection by letter postmarked
on or before the date on which the form is due. Such form
shall-
(A) provide for the name and location of, and principal
business activities at, the facility;
(B) include an appropriate certification, signed by a
senior official with management responsibility for the
person or persons completing the report, regarding the ac-
curacy and completeness of the report; and
U\ (C) provide for submission of each of the following items
of information for each listed toxic chemical known to be
present at the facility:
SARA OF 1986
Sec
(i) Whether the toxic chemical at the facility is man-
ufactured, processed, or otherwise used, and the gener-
al category or categories of use of the chemical.
(ii) An estimate of the maximum amounts (in
ranges) of the toxic chemical present at the facility at
any time during the preceding calendar year.
(iii) For each wasteatream, the waste treatment or
disposal methods employed, and an estimate of the
treatment efficiency typically achieved by such meth-
ods for that wastestream.
(iv) The annual quantity of the toxic chemical enter-
ing each environmental medium.
(2) USB or AVAILABLE DATA.—In order to provide the informa-
tion required under this section, the owner or operator of a fa-
cility may use readily available data (including monitoring
data) collected pursuant to other provisions of law, or, where
such data are not readily available, reasonable estimates of the
amounts involved. Nothing in this section requires the moni-
toring or measurement of the quantities, concentration, or fre-
quency of any toxic chemical released into the environment
beyond that monitoring and measurement required under
other provisions of law or regulation. In order to assure con-
sistency, the Administrator shall require that data be ex-
pressed in common units. S
(h) USE OF RELEASE FORM.—The release forms required under
this section are intended to provide information to the Federal,
State, and local governments and the public, including citizens of
communities surrounding covered facilities. The release form shall
be available, consistent with section 324(a), to inform persons about
releases of toxic chemicals to the environment; to assist ''govern-
mental agencies, researchers, and other persons in the conduct of
research and data gathering; to aid in the development of appropri-
ate regulations, guidelines, and standards; and for other similar
purposes.
(i) MODIFICATIONS IN REPORTING FREQUENCY.—
(1) IN GENERAL.—The Administrator may modify the fre-
quency of submitting a report under this section, but the Ad-
ministrator may not modify the frequency to be any more
often than annually. A modification may apply, either nation-
ally or in a specific geographic area, to the following:
(A) All toxic chemical release forms required under this
section.
(B) A class of toxic chemicals or a category of facilities.
(C) A specific toxic chemical.
(D) A specific facility.
(2) REQUIREMENTS.—A modification may be made under
paragraph (1) only if the Administrator—
(A) makes a finding that the modification is consistent
with the provisions of subsection (h), based on—
(i) experience from previously submitted toxic chem-
ical release forms, and
(ii) determinations made under paragraph (3), and
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Sec. 313
SARA OF 1986
992
(B) the finding is made by a rulemaking in accordance
with section 553 of title 5, United States Code.
(3) DETERMINATIONS.—The Administrator shall make the fol-
lowing determinations with respect to a proposed modification
before making a modification under paragraph (Ih
(A) The extent to which information relating to the pro-
posed modification provided on the toxic chemical release
forms has been used by the Administrator or other agen-
. cies of the Federal Government, States, local governments,
health professionals, and the public.
(B) The extent to which the information is (i) readily
available to potential users from other sources, such as
State reporting programs, and (ii) provided to the Adminis-
trator under another Federal law or through a State pro-
gram.
(C) The extent to which the modification would impose
additional and unreasonable burdens on facilities subject
to the reporting requirements under this section.
U) 5-YEAR REVIEW.—Any modification made under this sub-
section shall be reviewed at least once every 5 years. Such
review shall examine the modification and ensure that the re-
quirements of paragraphs (2) and (3) still justify continuation
of the modification. Any change to a modification reviewed
under this paragraph shall be made in accordance with this
subsection. I
(5) NOTIFICATION TO CONGRESS.—The Administrator shall
notify Congress of an intention to initiate a rulemaking for a
modification under this subsection. After such notification, the
Administrator shall delay initiation of the rulemaking for at
least 12 months, but no more than 24 months, after the date of
such notification.
(6) JUDICIAL REVIEW.—In any judicial review of a rulemaking
which establishes a modification under this subsection, a court
may hold unlawful and set aside agency action, findings, and
conclusions found to be unsupported by substantial evidence.
(7) APPLICABILITY.—A modification under this subsection may
apply to a calendar year or other reporting period beginning
no earlier than January 1, 1993.
(8) EFFECTIVE DATE.—Any modification made on or after Jan-
uary 1 and before December 1 of any calendar year shall take
effect beginning with the next calendar year. Any modification
made on or after December 1 of any calendar year and before
January 1 of the next calendar year shall take effect beginning
with the calendar year following such next calendar year.
(j) EPA MANAGEMENT OF DATA.—The Administrator shall estab-
lish and maintain in a computer data base a national toxic chemi-
cal inventory based on data submitted to the Administrator under
this section The Administrator shall make these data accessible by
computer telecommunication and other means to any person on a
cost r^AA -sable basis.
UO^^V. .—Not later than June 30, 1991, the Comptroller Gen-
eral, it^^.isultation with the Administrator and appropriate offi-
993
SARA OF 1986
Sec. 313
cials in the States, shall submit to the Congress a report including
each of the following:
(1) A description of the steps taken by the Administrator and
the States to implement the requirements of this section, in-
cluding steps taken to make information collected under this
section available to and accessible by the public.
(2) A description of the extent to which the information col-
lected under this section has been used by the Environmental
Protection Agency, other Federal agencies, the States, and the
public, and the purposes for which the information has been
used.
(3) An identification and evaluation of options for modifica-
tions to the requirements of this section for the purpose of
making information collected under this section -more useful.
(1) MASS BALANCE STUDY.—
(1) IN GENERAL.—The Administrator shall arrange for a mass
balance study to be carried out by the National Academy of
Sciences using mass balance information collected by the Ad-
ministrator .under paragraph (3). The Administrator shall
submit to Congress a report on such study no later than 5
years after the date of the enactment of this title.
(2) PURPOSES.—The purposes of the study are as follows: '
(A) To assess the value of mass balance analysis in deter-
mining the accuracy of information on toxic chemical re-
leases. \
(B) To assess the value of obtaining mass balance infor-
mation, or portions thereof, to determine the waste reduc-
tion efficiency of different facilities, or categories of facili-
ties, including the effectiveness of toxic chemical regula-
tions promulgated under laws other than this title.
(C) To assess the utility of such information'for evaluat-
ing toxic chemical management practices at facilities, or
categories of facilities, covered by this section. |
(D) To determine the implications of mass balance infor-
mation collection on a national scale similar to the mass
balance information collection carried out by the Adminis-
trator under paragraph (3), including implications of the
use of such collection as part of a national annual quantity
toxic chemical release program.
(3) INFORMATION COLLECTION.— the Administrator by any person that the informal!'
particular part thereof) to which the Administrator or a
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Sec. 321
SARA OF 19S6
994
oyee, or representative ht j access under this section
if TiHR; public would divulge information entitled to protection
under section 1905 of title 18, United States Code, such infor-
mation or part shall be considered confidential in accordance
with the purposes of that section, except that such information
or part may be disclosed to other officers, employees, or au-
thorized representatives of the United States concerned with
carrying out this section.
(C) The Administrator may promulgate regulations prescrib-
ing procedures for collecting mass balance information under
this paragraph.
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Sec. 322
SARA OF 1986
996
(bX4), such regulations shall be equivalent to comparable provisions
in the Occupational Safety and Health Administration Hazard
Communication Standard (29 C.F.R. 1910.1200) and any revisions of
such standard prescribed by the Secretary of Labor in accordance
with the final ruling of the courts of the United States in United
Steolworkers of America, AFL-CIO-CLC v. Thome G. Auchter.
(d) PETITION FOR REVIEW.—
(1) IN GENERAL.—Any person may petition the Administrator
for the disclosure of the specific chemical identity of a hazard-
ous chemical, an extremely hazardous substance, or a toxic
chemical which is claimed as a trade secret under this section.
The Administrator may, in the absence of a petition under this
paragraph, initiate a determination, to be carried out in ac-
cordance with this subsection, as to whether information with-
held constitutes a trade secret.
(2) INITIAL EBVIBW.—Within 30 days after the date of receipt
of a petition under paragraph (1) (or upon the Administrator's
initiative), the Administrator shall review the explanation filed
by a trade secret claimant under subsection (aj(2) and deter-
mine whether the explanation presents assertions which, if
true, are sufficient to support a finding that the specific chemi-
cal identity is a trade secret.
(3) FINDING or SUFFICIENT ASSERTIONS.—
(A) If the Administrator determines pursuant to para-
graph (2) that the explanation presents sufficient asser-
tions to support a finding that the specific chemical identi-
ty is a trade secret, the Administrator shall notify the
trade secret claimant that he has 30 days to supplement
the explanation with detailed information to support the
assertions. ""
(B) If the Administrator determines, after receipt of any
supplemental supporting detailed information under sub-
paragraph (A), that the assertions in the explanation are
true and that the specific chemical identity is a trade
secret, the Administrator shall so notify the petitioner and
the petitioner may seek judicial review of the determina-
tion.
(C) If the Administrator determines, after receipt of any
supplemental supporting detailed information under sub-
paragraph (A), that the assertions in the explanation are
not true and that the specific chemical identity is not a
trade secret, the Administrator shall notify the trade
secret claimant that the Administrator intends to release
the specific chemical identity. The trade secret claimant
has 30 days in which he may appeal the Administrator's
determination under this subparagraph to the Administra-
tor. If the Administrator does not reverse his determina-
tion under this subparagraph in such an appeal by the
trade secret claimant, the trade secret claimant may seek
judicial review of the determination.
WC OF INSUFFICIENT ASSERTIONS.—
If the Administrator determines pursuant to para-
.1 (2) that the explanation presents insufficient asser-
997
SARA OF 1986
Sec. 322
tions to support a finding that the specific chemical identi-
ty is a trade secret, the Administrator shall notify the
trade secret claimant that he has 30 days to appeal the de-
termination to the Administrator, or, upon a showing of
good cause, amend the original explanation by providing
supplementary assertions to support the trade secret
claim.
(B) If the Administrator docs not reverse his determina-
tion under subparagraph (A) after an appeal or an exami-
nation of any supplementary assertions under subpara-
graph (A), the Administrator shall so notify the trade
secret claimant and the trade secret claimant may seek ju-
dicial review of the determination.
(C) If the Administrator reverses his determination
under subparagraph (A) after an appeal or an examination
of any supplementary assertions under subparagraph (A),
the procedures under paragraph (3) of this subsection
apply.
(e) EXCEPTION FOR INFORMATION PROVIDED TO HEALTH PROFES-
SIONALS.—Nothing in this section, or regulations adopted pursuant
to this section, shall authorize any person to withhold information
which is required to be provided to a health professional, a doctor,
or a nurse in accordance with section 323. /
(0 PROVIDING INFORMATION TO THE ADMINISTRATOR; AVAILABILITY
TO PUBLIC.—Any information submitted to the Administrator
under subsection (aX2) or subsection (dX3) (except a specific chemi-
cal identity) shall be available to the public, except that upon a
showing satisfactory to the Administrator by any person that the
information (or a particular part thereof) to which the Administra-
tor has access under this section if made public would divulge in-
formation entitled to protection under section 1905 lot title IK,
United States Code, such information or part shall be considered
confidential in accordance with the purposes of that section, except
that such information or part may be disclosed to other officers,
employees, or authorized representatives of the United States con-
cerned with carrying out this title. ,
(g) INFORMATION PROVIDED TO STATE.—Upon request by a State,
acting through the Governor of the State, the Administrator shall
provide to the State any information obtained under subsection
(aX2) and subsection (dX3).
(h) INFORMATION ON ADVERSE EFFECTS.—(1) In any case in which
the identity of a hazardous chemical or an extremely hazardous
substance is claimed as a trade secret, the Governor or State emer-
gency response commission established under section 301 shall
identify the adverse health effects associated with the hazardous
chemical or extremely hazardous substance and shall assure that
such information is provided to any person requesting information
about such hazardous chemical or extremely hazardous substance.
in any case in which the identity of a toxic chem:~-l
ied as a trade secret, the Administrator shall identify
s health and environmental effects associated with tl
'chemical and shall assure that Ritrh informnlion is inrhidcH m the
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SARA OF 1986
998
computer database required by section 313(j) and is provided to any
person requesting information about such toxic chemical.
(i) INFORMATION PROVIDED TO CONGRESS.—Notwithstanding any
limitation contained in this section or any other provision of law,
all information reported to or otherwise obtained by the Adminis-
trator (or any representative of the Administrator) under this title
shall be made available to a duly authorized committee of the Con-
gress upon written request by such a committee.
I42U-SC11042J
SEC. 323. PROVISION OF INFORMATION TO HEALTH PROFESSIONALS,
DOCTORS. AND NURSES.
(a) DIAGNOSIS OR TREATMENT BY HEALTH PROFESSIONAL.—An
owner or operator of a facility which is subject to the requirements
of section 311, 312, or 313 shall provide the specific chemical identi-
ty, if known, of a hazardous chemical, extremely hazardous sub-
stance, or a toxic chemical to any health professional who requests
such information in writing if the health professional provides a
written statement of need under this subsection and a written con-
fidentiality agreement under subsection (d). The written statement
of need shall oe a statement that the health professional has a rea-
sonable basis to suspect that—
(1) the information is needed for purposes of diagnosis or
treatment of an individual,
(2) the individual or individuals being diagnosed or treated
have been exposed to the chemical concerned, and
(3) knowledge of the specific chemical identity of such chemi-
cal will assist in diagnosis or treatment.
Following such a written request, the owner or operator to whom
such request is made shall promptly provide the requested informa-
tion to the health professional. The authority to withhold the spe-
cific chemical identity of a chemical under section 322 when such
information is a trade secret shall not apply to information re-
quired to be provided under this subsection, subject to the provi-
sions of subsection (d).
(b) MEDICAL EMERGENCY.—An owner or operator of a facility
which is subject to the requirements of section 311, 312, or 313
shall provide a copy of a material safety data sheet, an inventory
form, or a toxic chemical release form, including the specific chemi-
cal identity, if known, of a hazardous chemical, extremely hazard-
ous substance, or a toxic chemical, to any treating physician or
nurse who requests such information if such physician or nurse de-
termines that—
(Da medical emergency exists,
(2) the specific chemical identity of the chemical concerned is
1 necessary for or will assist in emergency or first-aid diagnosis
or treatment, and
(3) the individual or individuals being diagnosed or treated
have been exposed to the chemical concerned.
Immediately following such a request, the owner or operator to
whom such request is made shall provide the requested informa-
tion to the physician or nurse. The authority to withhold the specif-
ic chemical identity of a chemical from a material safety data
sheet, an,"inventory form, or a toxic chemical release form under
SARA OF 1986
section 322 when such information is a trade secret shall not apply
to information required to be provided to a treating physician or
nurse under this subsection. No written confidentiality agreement
or statement of need shall be required as a precondition of such
disclosure, but the owner or operator disclosing such information
may require a written confidentiality agreement in accordance
with subsection (d) and a statement setting forth the items listed in
paragraphs (1) through (3) as soon as circumstances permit.
(c) PREVENTIVE MEASURES BY LOCAL HEALTH PROFESSIONAI.S.—
(1) PROVISION OF INFORMATION.—An owner or operator of a
facility subject to the requirements of section 311, 312, or 313 _
shall provide the specific chemical identity, if known, of a haz-'
ardous chemical, an extremely hazardous substance, or a toxic
chemical to any health professional (such as a physician, toxi-
cologist, or epidemiologist)—
(A) who is a local government employee or a parson
under contract with the local government, and
(B) who requests such information in writing and pro-
vides a written statement of need under paragraph (2) and
a written confidentiality agreement under subsection (d).
Following such a written request, the owner or operator to
whom such request is made shall promptly provide the request-
.. ed information to the local health professional. The authority
to withhold the specific chemical identity of a chemical under
section 322 when such information is a trade secret shall not
apply to information required to be provided under this subsec-
tion, subject to the provisions of subsection (d). •.
(2) WRITTEN STATEMENT OF NEED.—The written statement of
need shall be a statement that describes with reasonable detail
one or more of the following health needs for the information:
(A) To assess exposure of persons living in u local com-
munity to the hazards of the chemical concerned.
(B) To conduct or assess sampling to determine exposure
levels of various population groups.
(C) To conduct periodic medical surveillance of exposed
population groups.
(D) To provide medical treatment to exposed individuals
or population groups.
(E) To conduct studies to determine the health effects of
exposure.
(F) To conduct studies to aid in the identification of a
chemical that may reasonably be anticipated to cause an
observed health effect.
(d) CONFIDENTIALITY AGREEMENT.—Any person obtaining infor-
mation under subsection (a) or (c) shall, in accordance with feuch
subsection (a) or (c), be required to agree in a written confidential-.
ity agreement that he will not use the information for any purpose
other than the health needs asserted in the statement of need,
except as may otherwise be authorized by the terms of the agree-
ment or by the person providing such information. Nothing in this
subsection shall preclude the parties to a confidentiality agreement
from pi i ran ing any remedies to the extent permitted hy law.
-------
ivuv
(e) REGULATIONS.—As soon as practicable after the date of the en-
actment of this title, the Administrator shall promulgate regula-
tions describing criteria and parameters for the statement of need
under subsection (a) and (c) and the confidentiality agreement
under subsection (d).
142 USC. I1043|
SEC. 324. PUBLIC AVAILABILITY OP PLANS. DATA SHEETS, FORMS, AND
FOLLOWUP NOTICES.
(a) AVAILABIUTY TO PUBLIC.—Each emergency response plan, ma-
terial safety data sheet, list described in section 311(aX2), inventory
form, toxic chemical release form, and followup emergency notice
sh.ill be made available to the general public, consistent with sec-
tion 322, during normal working hours at the location or locations
designated by the Administrator, Governor, State emergency re-
sponse commission, or local emergency planning committee, as ap
propriate. Upon request by an owner or operator of a facility sub-
ject to the requirements of section 312, the State emergency re-
sponse commission and the appropriate local emergency planning
committee shall withhold from disclosure under this section the lo-
cation of any specific chemical required by section 312(dX2) to be
contained in an inventory form as tier II information.
(b) NOTICE op PUBLIC AVAILABILITY.—Each local emergency plan-
ning committee shall annually publish a notice in local newspapers
that the emergency response plan, material safety data sheets, and
inventory forms have been submitted under this section. The notice
shall state that followup emergency notices may subsequently be
issued. Such notice shall announce that members of the public who
wish to review any such plan, sheet, form, or followup notice may
do so at the location designated under subsection (a).
\4-2V S.C. 11044}
SEC. 325. ENFORCEMENT.
(a) CIVIL PENALTIES FOR EMERGENCY PLANNING.—The Adminis-
trator may order a facility owner or operator (except an owner or
operator of a facility designated under section 302(bX2)) to comply
with section 302(c) and section 803(d). The United States district
court for the district in which the facility is located shall have ju-
risdiction to enforce the order, and any person who violates or fails
to obey such an order shall be liable to the United States for a civil
penalty of not more than $25,000 for each day in which such viola-
tion occurs or such failure to comply continues.
(b) CIVIL, ADMINISTRATIVE, AND CRIMINAL PENALTIES FOR EMER-
GENCY NOTIFICATION.—
(1) CLASS i ADMINISTRATIVE PENALTY.—(A) A civil penalty of
not more than $25,000 per violation may be assessed by the
U\ Administrator in the case of a violation of the requirements of
-U section 304.
O (B) No civil penalty may be assessed under this subsection
unless the person accused of the violation is given notice and
opportunity for a hearing with respect to the violation.
(C) IJ^BK rmining the amount of any penalty assessed pur-
suant ^^H subsection, the Administrator shall take into ac-
count ^•Fature, circumstances, extent and gravity of the vio-
/
1001
SARA OF 1986
Sec. 325
lation or violations and, with respect to the violator, ability to
pay, any prior history of such violations, the degree of culpabil-
ity, economic benefit or savings (if any) resulting from the vio-
lation, and such other matters as justice may require.
(2) CLASS 11 ADMINISTRATIVE PENALTY.—A civil penalty of not
more than $25,000 per day for each day during which the viola-
tion continues may be assessed by ,the Administrator in the
case of a violation of the requirements of section 304. In the
case of a second or subsequent violation the amount of such
penalty may be not more than $75,000 for each day during
which the violation continues. Any civil penalty under this
subsection shall be assessed and collected in the same manner,
and subject to the same provisions, as in the case of civil penal-
ties assessed and collected under section 16 of the Toxic Sub-
stances Control Act. In any proceeding for the assessment of a
civil penalty under this subsection the Administrator'may
issue subpoenas for the attendance and testimony of witnesses
and the production of relevant papers, books, and documents
and may promulgate rules for discovery procedures.
(3) JUDICIAL ASSESSMENT.—The Administrator may bring an
action in the United States District court for the appropriate
district to assess and collect a penalty of not more than $25,000
per day for each day during which the violation continues in
the case of a violation of the requirements of section 304. In
the case of a second or subsequent violation, the amount of
such penalty may be not more than $75,000 for each day
during which the violation continues.
(4) CRIMINAL PENALTIES.—Any person who knowingly and
willfully fails to provide notice in accordance with section 304
shall, upon conviction, be fined not more than $25,000 or im-
prisoned for not more than two years, or both (or in the case of
a second or subsequent conviction, shall be fined not more
than $50,000 or imprisoned for not more than five years, or
both).
(c) CIVIL AND ADMINISTRATIVE PENALTIES FOR REPORTING RE-
QUIREMENTS.—(1) Any person (other than a governmental entity)
who violates any requirement of section 312 or 313 shall be liable
to the United States for a civil penalty in an amount not to exceed
$25,000 for each such violation.
(2) Any person (other than a governmental entity) who violates
any requirement of section 311 or 323(b), and any person who fails
to furnish to the Administrator information required under section
322(aX2) shall be liable to the United States for a civil penalty: in
an amount not to exceed $10,000 for each such violation.
(3) Each day a violation described in paragraph (1) or (2) contin-
ues shall, for purposes of this subsection, constitute a separate vio-
lation.
(4) The Administrator may assess any civil penalty for which a
person is liable under this subsection by administrative order or
HS£ bring an action to assess and collect the penalty in thr ygB
^IPes district court for the district in which the person fro ^B
|Ke penalty i« sought resides or in which such person's p. ..par
place of business is located.
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SARA OF 1986
1002
(d) CIVIL, ADMINISTRATIVE AND CRIMINAL PENALTIES WITH RE-
SPECT TO TRADE SECRETS.—
(1) CIVIL AND ADMINISTRATIVE PENALTY FOR FRIVOLOUS
CLAIMS.—If the Administrator determines—
(AXi) under section S22(dX4) that an explanation submit-
ted by a trade secret claimant presents insufficient asser-
tions to support a finding that a specific chemical identity
is a trade secret, or (ii) after receiving supplemental sup-
porting detailed information under section S22(dX3XA),
that the specific chemical identity is not a trade secret;
and
(B) that the trade secret claim is frivolous,
the trade secret claimant is liable for a penalty of $25,000 per
claim. The Administrator may assess the penalty by adminis-
trative order or may bring an action in the appropriate district
court of the United States to assess and collect the penalty.
(2) CRIMINAL PENALTY FOR DISCLOSURE or TRADE SECRET INFOR-
MATION.—Any person who knowingly and willfully divulges or
. discloses any information entitled to protection under section
322 shall, upon conviction, be subject to a fine of not more
than $20,000 or to imprisonment not to exceed one year, or
both.
(e) SPECIAL ENFORCEMENT PROVISIONS FOR SECTION 823.—When-
ever any facility owner or operator required to provide information
under section 323 to a health professional who has requested such
information fails or refuses to provide such information in accord-
ance with such section, such health professional may bring an
action in the appropriate United States district court to require
such facility owner or operator to provide the information. Such
court shall have jurisdiction to issue orders that take such other
action as' may be necessary to enforce the requirements of section
323.
, (f) PROCEDURES FOR ADMINISTRATIVE PENALTIES.—
(1) Any person against whom a civil penalty is assessed
under this section may obtain review thereof in the appropri-
ate district court of the United States by filing a notice of
appeal in such court within 30 days after the date of such
order and by simultaneously sending a copy of such notice by
certified mail to the Administrator. The Administrator shall
promptly file in such court a certified copy of the record upon
which such violation was found or such penalty imposed. If
any person fails to pay an assessment of a civil penalty after it
has become a final and unappealable order or after the appro-
priate court has entered final judgment in favor of the United
States, the Administrator may request the Attorney General of
the United States to institute a civil action in an appropriate
district court of the United States to collect the penalty, and
such court shall have jurisdiction to hear and decide any such
action. In hearing such action, the court shall have authority
to review the violation and the assessment of the civil penalty
on the record.
(2)-The-Administrator may issue subpoenas for the attend-
ance and testimony of witnesses and the production of relevant
SARA OF 1986
papers, books, or documents in connection with hearings under
this section. In case of contumacy or refusal to obey a subpoe-
na issued pursuant to this paragraph and served upon any
person, the district court of the United States for any district
in which such person is found, resides, or transacts business
upon application by the United States and after notice to such
person, shall have jurisdiction to issue an order requiring such
person to appear and give testimony before the administrative
law judge or to appear and produce documents before tin; ad-
ministrative law judge, or both, and any failure to obey such
order of the court may be punished by such court as a con-
tempt thereof.
(42 UAC. 11045)
SEC 326. CIVII, ACTIONS.
(a) AUTHORITY To BRING CIVIL ACTIONS.—
(1) CITIZEN SUITS.—Except as provided in subsection (e), any
person may commence a civil action on his own behalf against
the following:
(A) An owner or operator of a •facility for failure to do
any of the following: ,
(i) Submit a followup emergency notice' under sec-
tion 304(c).
(ii) Submit a material safety data sheet or a list
under section 311(a). '
(iii) Complete and submit an inventory form under
section 312(a) containing tier I information as de-
scribed in section 312(dXD unless such requirement
does not apply by reason of the second sentence of sec-
tion 312(aX2). ;
(iv) Complete and submit a toxic chemical release
form under section 313(a). i
(B) The Administrator for failure to do any of the follow-
ing:
(i) Publish inventory forms under section 312(g).
(ii) Respond to a petition to add or delete a chemical
under section 313(eXl) within 180 days after receipt of
the petition.
(iii) Publish a toxic chemical release form under
313(g).'
(iv) Establish a computer database in accordance
with section 313(j).
(v) Promulgate trade secret regulations under sec-
tion 322(c).
(vi) Render a decision in response to a petition
under section 322(d) within 9 months after receipt of
the petition.
(C) The Administrator, a State Governor, or a State
emergency response commission, for failure to provide a
mechanism for public availability of information in accord-
ance with section 324(a).
1 So in original l*mluilily nhould roari "nrrlinn .
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Sec. 326
(D) A State Governor or a State emergency response
commission for failure to respond to a request for tier II
information under section 312(eX3) within 120 days after
the date of receipt of the request.
(2) STATE OR LOCAL surra.—
(A) Any State of local government may commence a civil
action against an owner or operator of a facility for failure
to do any of the following:
(i) Provide notification to the emergency response
commission in the State under section 302(c). '
(ii) Submit a material safety data sheet or a list
under section 31 Ha).
(iii) Make available information requested under
section 31 l(c).
(iv) Complete and submit an inventory form under
section 312(a) containing tier I information unless
such requirement does not apply by reason of the
second sentence of section 312(aX2).
(B) Any State emergency response commission or local
emergency planning committee may commence a civil
action against an owner or operator of a facility for failure
to provide information under section 303(d) or for failure
to submit tier II information under section 312(eXl).
(C) Any State may commence a civil action against the
Administrator] for failure to provide information to the
State under section 322(g).
(b) VENUE.—
(1) Any action under subsection (a) against an owner or oper-
ator of a facility shall be brought in the district court for the
district in which the alleged violation occurred.
(2) Any action under subsection (a) against the Administra-
tor may be brought in the United States District Court for the
District of Columbia.
(c) RELIEF.—The district court shall have jurisdiction in actions
brought under subsection (a) against an owner or operator of a fa-
cility to enforce the requirement concerned and to impose any civil
penalty provided for violation of that requirement. The district
court shall have jurisdiction in actions brought under subsection (a)
against the Administrator to order the Administrator to perform
the act or duty concerned.
(d) Nones.—
(1) No action may be commenced under subsection (aXIXA)
prior to 60 days after the plaintiff has given notice of the al-
leged violation to the Administrator, the State in which the al-
leged violation occurs, and the alleged violator. Notice under
(J\ this paragraph shall be given in such manner as the Adminis-
_^j trator shall prescribe by regulation.
«| (2) No action may be commenced under subsection (aXIXB) or
(aXIXC) prior to 60 days after the date on which the plaintiff
givesj|^fc » to the Administrator, State Governor, or State
emen^^B •esponse commission (as the case may be) that the
plainnVP^lll COmmonro »!•«. »-»!— *»-»-•-
1005
SARA OF 1986
Sec. 329
graph shall be given in such manner as the Administrator
shall prescribe by regulation.
(e) LIMITATION.—No action may be commenced under subsection
(a) against an owner or operator of a facility if the Administrator
has commenced and is diligently purusing an administrative order
or civil action to enforce the requirement concerned or to impose a
civil penalty under this Act with respect to the violation of the re-
quirement.
(0 COSTS.—The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation (in-
cluding reasonable attorney and expert witness fees) to the prevail-
ing or the substantially prevailing party whenever the court deter-
mines such an award is appropriate. The court may, if a temporary
restraining order or preliminary injunction is sought, require the
filing of a bond or equivalent security in accordance with the Fed-
eral Rules of Civil Procedure.
(g) OTHER RIGHTS.—Nothing in this section shall restrict or
expand any right which any person (or class of persons) may have
under any Federal or State statute or common law to seek enforce-
ment of any requirement or to seek any other relief (including
relief against the Administrator or a State agency). /
• (h) INTERVENTION.— '
(1) BY THE UNITED STATES.—In any action under this section
the United States or the State, or both, if not a party, may in-
tervene as a matter of right. '
(2) BY PERSONS.—In any action under this section, any person
may intervene as a matter of right when such person has a
direct interest which is or may be adversely affected by the
action and the disposition of the action may, as a practical
matter, impair or impede the person's ability to protect that
interest unless the Administrator or the State shows that the
person's interest is adequately represented by existing parties
in the action. )
[42 US.C. 11046)
SBC. 9X1. EXEMPTION. ;
Except as provided in section 304, this title does not apply to the
transportation, including the storage incident to such transporta-
tion, of any substance or chemical subject to the requirements of
this title, including the transportation and distribution of natural
gas.
[42 VJB.C. 11047)
SEC 328. REGULATIONS.
The Administrator may prescribe such regulations as may be
necessary to carry out this title.
[42 US.C. 11048]
SEC. 32t. DEFINITIONS.
For purposes of this title—
(1) ADMINISTRATOR.—The term "Administrator" means the
Administrator of the Environmental Protection Agency.
fc (2) ENVIRONMENT.—The term "environment" include? 1
air, and land and the interrelationship which exists arm.
betwoon water, air, nnd land and all living things.
-------
Sec.
(3) EXTREMELY HAZARDOUS SUBSTANCE.—The term "extremely
hazardous substance" means a substance on the list described
in section 302(aX2).
(4) FACILITY.—The term "facility" means all buildings, equip-
ment, structures, .and other stationary items which are located
on a single site or on contiguous or adjacent sites and which
are owned or operated by the same person (or by any person
which controls, is controlled by, or under common control with,
such person). For purposes of section 304, the term includes
motor vehicles, rolling stock, and aircraft.
(5) HAZARDOUS CHEMICAL.—The term "hazardous chemical"
has the meaning given such term by section 31 He).
(6) MATERIAL SAFETY DATA SHEET.—The term "material safety
data sheet", means the sheet required to be developed under
section 1901.1200(g) of title 29 of the Code of Federal Regula-
tions, as that section may be amended from time to time.
(7) PERSON.—The term "person" means any individual, trust,
firm, joint stock company, corporation (including a government
corporation), partnership, association, State, municipality, com-
mission, political subdivision of a State, or interstate body.
(8) RELEASE.—The term "release" means any spilling, leak-
ring, emitting, emptying, discharging, inject-
hing, dumping, or disposing into the environ-
e abandonment or discarding of barrels, con-
tainers, and other closed receptacles) of any hazardous chemi-
cal, extremely hazardous substance, or toxic chemical.
(9) STATE.—The term "State" means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Is-
lands, the Northern Mariana Islands, and any other territory ,
or possession over which the United States has jurisdiction.
(10) Toxic CHEMICAL.—The term "toxic chemical" means a
substance on the list described in section 313(c).
(42 USC. 11049]
SEC. 330. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years begin-
ning after September 30, 1986, such sums as may be necessary to
carry out this title.
(42 US6. 11050]
TITLE IV—RADON GAS AND INDOOR AIR QUALITY
RESEARCH1
SEC. 401. SHORT TITLE.
This title may be cited as the "Radon Gas and Indoor Air Quality
Research Act of 1986".
(42 U.SC. 7401 note]
ir\ SEC. 402. FINDINGS.
The Congress finds that:
1 For other provision* relating to radon, tee title III of the Toxic Substance* Control Act in
thu print. (
SARA OF 1986
(1) High levels of radon gas pose a serious health threat in
structures in certain areas of the country.
(2) Various scientific studies have suggested that exposure to
radon, including exposure to naturally occurring radon and
indoor air pollutants, poses a public health risk.
(3) Existing Federal radon and indoor air pollutant research
programs are fragmented and underfunded.
(4) An adequate information base concerning exposure to
radon and indoor air pollutants should be developed by the ap-
propriate Federal agencies.
(42 U.S.C. 7401 note]
SEC 403. RADON GAS AND INDOOR AIR QUALITY RESEARCH PROGRAM.
(a) DESIGN OP PROGRAM.—.The Administrator of the Environmen-
tal Protection Agency shall establish a research program with re-
spect to radon gas and indoor air quality. Such program shall be
designed to—
(1) gather data and information on all aspects of indoor air
quality in order to contribute to the understanding of health
problems associated with the existence of air pollutants in the
indoor environment;
(2) coordinate Federal, State, local, and private' research and
development efforts relating to the improvement of indoor air
quality; and :
(3) assess appropriate Federal Government actions to miti-
gate the environmental and health risks associated with indoor
air quality problems.
(b) PROGRAM REQUIREMENTS.—The research program required
under this section shall include—
(1) research and development concerning the identification,
characterization, and monitoring of the sources and levels of
indoor air pollution, including radon, which includes research
and development relating to— j
(A) the measurement of various pollutant concentrations
and their strengths and sources,
(B) high-risk building types, and
(C) instruments for indoor air quality data collection;
(2) research relating to the effects of indoor a
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f
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. O.C. 20460
v~ •
O'ncc Of
'CSTICIOC* ANO TOXIC
JAN 13
MEMORANDUM
SUBJECT: Compressed Workweek Program
9^» «—
LVictor J. Kimm ^U3O^ t". _
Acting Assistant Administrator/
for Pesticides and Toxic Subs.tan<
TO: All OPTS Employees
I am pleased .to announce that we have received approval
to implement a Compressed Workweek Schedule (CWS) Program
within OPTS. A copy of the OPTS Workweek Program Procedures
are available from your Administrative Officer.
Included in the package is the Compressed workweek
Scheduling Request (form) which you should complete and return
to your supervisors for their approval. All employees, even
those who do not wish to go on the CWS, are asked to complete
th<2 form so that supervisors are knowledgeable of all their
employees desired schedules and can then approve schedules
that will ensure adequate office coverage. Please return
your request to your supervisor NLT January 19, 1989.
Provided you have approval, you may start working under
the CWS Program on January 29, 1989.
If you have any questions regarding the CWS, you should
discuss them with your supervisor. Any policy questions
concerning the OPTS Compressed workweek Program can be
directed to Joyce Hay, 382-7759.
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OPTS COMPRESSED WORKWEEK PROGRAM
PROCEDURES
INTRODUCTION
T^.is document describes an optional compressed workweek
program for-OPTS employees. Compressed workweeks will allow
employees to work longer daily schedules and get an extra day
off every pay period. OPTS plans to implement the 5-4/9
Compressed Workweek Schedule Program that compresses 80 hours.
of work into nine days each pay period. Under this program,
employees will work one five-day-week and one four-day week
in each pay period. They will wcrk a total of eight nine-hour
days/ one eight-hour day, and have one day off per pay period.
Any compressed workweek schedule other than the 5-4/9
program may be considered on a individual case-t«-case basis
where rare, unusual/ or extenuating circumstances exist.
Such situations will require the approval of the Assistant
Administrator for Pesticides and Toxic Substances.
COVERAGE
All OPTS full-time and part-time employees, managers,
and supervisors are eligible to participate in the compressed
workweek program. Participation is voluntary.
\
RESPONSIBILITIES
Supervisors
1. Timely approval or disapproval of the employee's
request to participate in the CWS program. Approval or
disapproval will be based on considerations of work needs and
employee's personal needs. Supervisors should discuss any
problems related to employees reauest and work for a schedule
satisfactory to both.
2. Providing Timekeepers with copies of all approved
requests and ensuring that accurate time and attendance
records are maintained for every employee.
3. Ensure that there is adequate office coverage each
day.
4. Providing the employee with a copy of the approved
CWS request form or a written statement of the grounds for
disapproval.
-------
Zrslovees ... .... ,_„ , ~_ —.
Adhering to the compressed workweek schedule as approved
by their supervisor. Once aporoved, the schedule will remain
in effect until changes are reauested by the employee and
approved by the supervisor. Changes to on-file schedules are
accomplished by submitting a new schedule for supervisory
approval at least one pay period in advance of the proposed
change.
Under special or unusual circumstances employees and
supervisors may agree to a temporary change to another day off
within the same pay period. Denial of such a reauest should
not be arbitrary or capricious.
GENERAL PROVISIONS
Work Hours
The Agency's public service hours are from 8:00 a.m. to
4:30 p.m.. These hours constitute that portion of the day
when we guarantee a full range of services to the public.
The compressed workweek schedule offers an advantage of
increased availability to the public. Offices will be ooen
five days a week, Monday through Friday. NFFE bargaining
unit employees may request daily work schedules between the
hours of 6:00 a.m. and* 6:00 p.m. AFGE bargaining unit and
all other OPTS employees may reauest daily'work schedules
between the hours of 7:00 a.m. and 6:00 p.m. Earlier or
later daily schedules may be considered with supervisory
approval. Office Directors may limit beginning and ending
work hours for their organization or any portions of their
organization.
Lunch Period
The normal lunch period will continue to be 30 minutes
with the lunch period not counting in the number of daily
work hours.
Compressed Day Off
Employees may request that their day.off, subject to
supervisory approval/ be any Monday or Friday during the
bi-weekly pay period. Alternate "day off" schedules may be
considered on an individual case by case basis by supervisors
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-3-
Compressed "Short" Day
It is suggested that the one 3-hour day be scheduled on
the opposite Monday or Friday of the approved "day off".
However, this is based on mutual consent between the employee
and suoervisor.
Holidays
When a holiday falls on an employee's regularly scheduled
workday, the employee will be credited with the appropriate
nunber of hours he/she was scheduled to work on that day.
when a holiday
falls on
n .
a full-time employee's "day off
the employee is given an "in lieu of" holiday on either the
day preceding or following the scheduled day off. The
following applies:
If the holiday falls on the Friday
employee's scheduled day off -
is the preceding Thursday.
then the "in
If the holiday falls on the .Monday
emoloyee's scheduled day off -
is the following TuesJ^y.
then the "in
that
lieu
that
lieu
is •
of"
the
holiday
is the
of" holiday
Part-time employee's do not get
a holiday falls on any of their
CFR 610.406)
an "in lieu of" holiday
non-work days. (Per
Absence and Leave
Time off during an employee's approved work schedule is
charged to the appropriate"leave category (i.e. 9-hour workday,
9-hours' leave, 8-hour workday, 8-hours1 leave, etc.). Hours
worked and/or charged to leave, comp time, or excused absences
(late arrival/early departures due to weather conditions, etc.)
must total 80 hours for full-time employees and 64 hours or
less for part-time employees each pay period.
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-4-
Overtime
Overtime work may still""be"6rdered and approved subject
to applicable overtime regulations. Under the compressed
workweek schedule, overtime for 5-4/9 employees is defined as
time in excess of 9 hours in a 9-hour day or 3 hours in an
8-hour day or more than 80 hours in a pay period that is
authorized in accordance with existing statutes/ regulations,
and EPA policies. An employee may request compensatory tipe
off in-lieu-of overtime pay as provided in law, regulation,
and EPA policies. Any ordered and approved comp time earned
as a result of working on the scheduled "Day Off" should be
used within the following two pay periods.
Modification of Compressed Workweek Schedules
When an employee who is on a compressed workweek schedule
is required to travel, participate in a training course, take
military or court leave, or serve where the hours of work are
different from the approved schedule, the employee and the
supervisor may find it necessary to make adjustments to the
bi-weekly schedule. In these kinds of situations, the supervisor
will decide on a case by case basis what adjustment, if any,
are necessary and notify the employee and the timekeeper.
IMPLEMENTATION
All employees must indicate their interest in particip-
ating in the compressed workweek program by completing the
attached form. Employees will acknowledge in their request
that they have read and will comply with the OPTS Plan."
Supervisors will discuss with employees any problems concern-
ing their request and, working for a schedule satisfactory to
both, will approve oc disapprove the compressed workweek
schedules. If the supervisor and employee ca-n not reach a
work schedule agreement, the employee may appeal to the next
higher level supervisor.
Again, participation in the compressed workweek schedule
is voluntary. Any employee who wishes to withdraw from the
compressed workweek schedule nay do so in writing at least
one pay period in advance of returning to the standard 8-hour
workday schedule.
580
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-5-
.. CONTINUANCE ..OF-PROGRAM
Every OPTS employee, manager, and supervisor is encouraged
to participate. The success of the compressed workweek program
requires mutual cooperation on the part of all supervisors and
emp'ioyees.
If, after a trial period, it appears that the efficiency,
level of service, or productivity of any organizational work
unit is impaired, the supervisor may determine that his/her
organization or any subunit should be excluded from the program
If'this occurs, the scoervisor should make the showing, in
writing,^to the Assistant Administrator and request that the
organization or subunit be exempt from the program and that
the emploiees'be returned to the standard 8-hour weekday
schedule.
*In addition, a supervisor may, at his/her option, cancel
an employee's participation in the compressed workweek program,
if the individual displays conduct which warrants closer and
more hands-on supervision which could not be accomplished under
the compressed workweek program. Under these circumstances,
the employee would revert to the standard 8-hour workday schedule
i EXPERIMENTAL PERIOD
This compressed workweek plan will be implemented at the
earliest practicable date once appropriate Agency and Union
approvals are received. The experimental period will run for
one full year from the date the program is implemented. An
evaluation of the success of this program will determine if
the program should be extended, cancelled, or implemented as
a permanent program within OPTS.
APPROVED
Victor J. KTmffl
Acting Assistant Administrator
for Pesticides and Toxic
Substances
AS AMENDED ON .... . .
JAN I 3
*This action must be negotiated by the Agency if the employee
is in the NFFE Union bargaining unit.
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COMPRESSED WORKWEEK SCHEDULING REQUEST
NAME:
ORGANIZATION:
DATE CWS WILL BEGIN:
L / 1- I have read the OPTS Compressed Workweek Schedule Plan
and I wish to participate..in the program. I request
the following pay period schedule.
Mon.
Tues.
wed.
Thurs.
Fri.
Week 1 of PP
Week 2 of PP
a . in .
p.m.
a > m .
p.m.
a.m.
p.m.
a.m.
p.m.
a.m.
p.m.
a.m.
p.m.
a.m.
p.m.
a.m.
p.m.
a.m.
p.m.
a.m.
p.m.
Enter beginning and ending times of each work day. (Indicate the
total hours for each day to include lunch period.) Enter "OFF"
on desired Monday or Friday to be your "Compressed Day Off".
/ / 2. I have read the OPTS Compressed Workweek Schedule Plan
and I do not wish to participate in the program.
Employee Signature* Date
•Signature signifies employee will comply with OPTS CWS Plan.
Approved ^ /
Disapproved / /
Supervisor's Signature
Date
Approving/Reviewing Official
(This form will be retained by the employee's Timekeeper.)
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stH
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LEAVE PROCEDURES
ANNUAL LEAVE
Annual leave is an approved absence with pay from official
duties. All employees who have appointments that last more than
90 day (except intermittent) earn leave. It is generally used
for vacation time; however, it can also be used to allow periods
of time off for personal and emergency purposes. Annual leave
may be used as soon as it is accrued, when properly requested and
approved. Except in emergencies, supervisors and employees
should plan for use of leave to insure the continuity of work
with loss of efficiency. In emergency situation, employees must
notify their supervisor as soon as possible after the scheduled
time to report to work (normally not more than one hour) to
request approval for the absence. EPA's leave is charged in
hourly increments and the minimum leave charge is one hour.
Accrual rates Tor full time employees are as follows:
Years of Service Leave Accrual
0-3 years 4 hours per pay period
3-15 years 6 hours per pay period
Over 15 years 8 hours per pay period
SICK LEAVE
Sick leave is a period of approved absence with pay from
official duty. Full time employees accrue 4 hours of sick leave
each pay period. Part-time employees earn leave on a pro-rated
basis. Sick leave may be authorized only: when an employee is
unfit for duty because of sickness, injury, or incapacitation;
for personal medical, dental, or optical examination or treatment
including treatment or rehabilitation for alcohol or drug abuse.
Super"4 ~ors have the authority to approve sick leave ?n
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-2-
supervisor as early as possible. A SF-71 should be
completed immediately upon your return to work.
LEAVE WHILE ON TRAVEL STATUS
A. Annual Leave to be used while on travel status must be
approved ahead of time and stated in Section 11-D of the
travel authorization. An SF-71 must accompany the travel
authorization for signature by the authorizing official.
Annual leave may be approved by the authorizing office;
there should be no cost incurred by the government for this
personal time. -
B. sick Leave to be used while on travel status must be
approved ahead of time and stated in section 11-D of the
travel authorization. Sick leave may be approved by the
authorizing office; there should be no cost incurred by the
government for this personal time.
C. Emergency Sick Leave while on travel status will be charged
as follows: If an employee in travel status becomes ill
while on travel forcing them to stay in the hotel room;
missing their meeting; or not completing the mission of the
travel they are to be charged sick leave. An employee will
not be charged sick leave for time travelling and returning
to residence. An employee who becomes ill while on travel
status will be fully reimbursed for the travel.
LEAVE WITHOUT PAY (LffOP)
Leave without pay is an approved temporary absence from duty
in a non-pay status and is requested by an employee. Extended
leave without pay is a period exceeding 30 days. Granting leave
without-p-y is always a matter of administrative discretion and
may not be demanded by an employee, except in situations when a
disabled veteran needs time off for medical treatment or
reservists or National Guard members need time off to perform
military training duties.
Leave without pay for 30 days or less can be approved by the
leave-approving supervisor. Extended leave without pay
procedures are more involved and require the absence and later
return to duty to be recorded in an employee's Official Personnel
folder. The approving office must submit an SF-52. Request for
Personnel Action, and supporting documentation to the appropriate
servicing human resources office.
The maximum initial period for which leave without pay may
be approved is 12 months. Requests for extensions of leave
without pay are reviewed more carefully than original requests.
Leave without pay exceeding 24 months must be approved by the
Administrator.
Sty
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-3-
VOLUNTARY LEAVE BANK
The principal goal of the leave bank program is to provide
income protection to employees whose leave has been exhausted due
to a medial emergency affecting them or a family member. Under
the leave bank program, employees may enrol as "Bank" members
with a minimum contribution of one pay period's accrual of annual
leave (i.e., 4, 6, or 8 hours). The objective is to build up a
large reserve of annual leave hours in the "Bank" that can be
granted to members who qualify as leave recipients.
All full-time and part-time employees except those excluded
by law (e.g., presidential appointees, intermittent employees,
Public Health Service (PHS), Commissioned Officers) are eligible.
Generally anyone with an annual leave account under the civil
service leave *.aw is covered. This includes Interpersonal
Agreement •.ir\) employees appointed to EPA and consultants and
experts.
For more information or forms to join the leave bank, please
call 260-5116.
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71-11J
OffKX Of ftHSONNEl MANAGEMENT
MM Supph. 99O-;. 8 2-9
APPLICATION FOR LEAVE
INSTRUCTIONS: Please complete Items 1-8 after reading the Privacy Act Statement shown below.
1. Nam* (Pnnt or type— Last, First, M.I.)
2. Employee I.D. Number
3.
5. I hmeby request (If more than one box is checked, explain in Item S.
r~~l*r Remarks): . .„. .,. „ • _
I X/IAnnuol l*ove. (Annual leave requested may not exceed the amount
available for use during the leave year.)
Sick Leave. (Complete reverse side of form.)
Leave Without Pay.
Compensatory Time.
Other. (Specify)
4-A Month
FROM! (f
TCh
Month
(ft
Day
Hour
PM.
Day
Hour
A-M.
4-C
Total Number
of Hours
6. Remarks
j^- , ^*TB • WB^ejBi •r^wo7B^«rBV
[ V^Approvtid | | Disapproved (If disapproved, give reason. If annual
leave, initiate action to reschedule.)
Signature 'Annual Itatr appnnvif ma\ nnt rxrrrrf tHr amount
attiilablf fttr u.v dunnc the /«n-r_»«jr.'
Date
•Muni* /fat Ymn
NSN 7S40-OO-7S3-S067
Pleate detach thit notict before submitting SF 71.
PRIVACY ACT STATEMENT
Section 6311 of Title 5 to the U.S. Code authorizes collection of this information. The primary use of this information
is by management and your payroll office to approve and record your use of leave. Additional disclosures of the
information may be: To the Department of Labor when processing a claim for compensation regarding a job
connected injury or illness; to a State unemployment compensation office regarding, a claim; to Federal Life
Insurance or Health Benefits carriers regarding a claim; to a Federal, State, or local law enforcement agency when
your agency becomes aware of a violation or possible violation of civil or criminal law; to a Federal agency when
conducting an investigation on you for employment or security reasons; to the Office of Personnel Management or
(Continued Mt tUotne)
EMPLOYEE—Check the appropriate box below (Items 1-4) if you are applying for tick leave If your agency requires such certification, please have
your doctor or practitioner complete the Certification section below Falsification of information in this portion of the form may be grounds for
disciplinary action, including dismissal
1. 1 was incapacitated far duty by:
[n Sickness.
[ ] On-The-Job Injury.
3. 1 will be undergoing medical,
r—i treatment.
PHotf-The-Job Injury.
1 | Pregnancy and Confinement.
dental, or optical examination or
2. 1 was required to care for a member of my family with a contagious
disease. (Guv name and relationship of family member, and name of
__ disease. I
4. 1 was exposed to a contagious disease. iGn-e name of disease and
~~I cirrunu/anna of exposure. 1
CERTIFICATION OF PHYSICIAN OR PRACTITIONER
Employee-'s Name :_ -
Period Under Professional Care /Indicate Month. Dav. Yean
From: |TOI
Remarks . £
I certify that the employee named was under my professional care for the period indicated above, and that the employee's condition during this period
made reporting to work inadvisable.
Signature of Physician or Practitioner
Date I Month. Cav. Year/
General Accounting Office when the information is required for evaluation of leave administration; and to the
General Services Administration in connection with its responsibilities for records management.
Where the employee identification number is your Social Security Number, collection of this information is
authorized by Executive Order 9397. Furnishing the information on this form, including your Social Security
Number, is voluntary, but failure to do so may result in disapproval of this request.
If your agency uses the information furnished on this form for purposes other than these indicated above, it may
provide you with an additional statement reflecting those purposes. •u.s.Govefnmem Priming omc»: 19912- 312-071/50002
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3X CO'"
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f
Committee On Integrity and Management Improvement
Time And Attendance
To ensure that its employees are compensated for their
work properly and on time. EPA has developed specific
procedures for tracking and reporting the time employees
spend working or taking leave. This Awareness Bulletin sup-
plements the information contained in EPA's Timekeeping
Manual by summarizing the requirements concerning correct
timekeeping procedures and emphasizing the need to employ
safeguards to ensure the accuracy of time and attendance re-
porting.
Who Is Responsible?
(Everyone employed by EPA plays an important role in
nmekeeping. Employees maintain an accurate account of their
lame, obtain their supervisors' approval on the appropriate
forms in advance for leave, overtime and compensatory time;
and report any inaccuracies in their pay statements to the desig-
nated agents. Timekeeper* obtain and maintain appropriate
documentation from employees and complete, certify and safe-
guard bmecards that accurately-reflect the employee's time and
attendance. Designated agents receive, safeguard and distribute
cash award checks and bi-weekly statements, deliver hmecards
to timekeepers, collect timecards from supervisors; and verify
and photocopy timecard data before delivering timecards to
Payroll. Supervisors appoint trained timekeepers and desig-
nated agents; approve leave and review and certify timecards
for all employees under their purview; and review payroll list-
ings to ensure no unauthorized charges are made to their
accounts. >,
What Kind Of Safeguards Are Necessary?
When supervisors and timekeepers sign nmecards, they certify
:nc accuracy of time and attendance reporting and authorize
payment of government heets. Controls are particularly
essential where alternative work schedules (compressed work
weeks, flextime, etc.) are involved. In such instances, the su-
pervisor or timekeeper may not be present to observe an em-
ployee's amvai and departure. Therefore, if time and at-
tendance reporting is based on direct observation, the super-
visor and timekeeper must make sure that someone designated
to observe actual attendance is present dunng all work hours.
.However, the supervisor still retains responsibility for the
Accuracy of time and attendance reporting.
' Once the timecards are signed, controls to prevent timecard
alteration should be strictly observed. This means that
timekeepers should hand completed timecards directly to the
supervisor. The supervisor in rum hands timecards directly to
the designated agent. Finally, the designated agent delivers
them directly to the Payroll Office. Under no circumstances
may a timekeeper perform a designated agent duties or vice
verse. This separation of duties assures that the information
certified by the timekeeper and supervisor on the timecard is
the same information that finds its way to the Payroll Office and
is reflected on the employee's pay statements. This information
is also reflected in bi-weekly payroll listings that supervisors
review for accuracy.
t
Why Must A Timecard Reflect The Actual Hours
Worked?
A timecard is legal documentation of the actual hours worked
by an individual and its accuracy is certified by the timekeeper
and supervisor. Hours must be reported on the day they are
worked and not on another day even if they add up to 80 hours
at the end of a pay penod.
Full time employees normally should not be required to work
in excess of their regularly scheduled tour of duty. However,
irregular or occasional overtime can be ordered or approved
when necessary to avoid serious backloggingof regular work or
to meet some special workload peak, unforseen development
or circumstances. The Federal government has strict require-
ments for approval and documentation of overtime and com-
pensatory time. EPA does not recognize the unofficial exchange
of hours beyond the normal schedule for time off at a later date
without completion of the proper documentation.
Such unofficial timekeeping could have unexpected and
negative consequences. For example, employees injured on-
the-job dunng undocumented periods of time may have dif-
ficulty collecting Workmen's Compensation. Likewise, em-
ployees on government travel shown to be in a non-pay or leave
status may lose entitlement to benefits if they have an accident
or die while on travel. Management could also find itself at nsk.
Employees who ma - have agreed or even requested that their
overtime hours be rr orded "unofficially'', may one day request
and be entitled tr ack pay for hours of overtime actually
worked as this ove nme was "suffered or permitted" by man-
agement. By these examples, you can see that accurate
timekeeping protects both the employee and employer.
Can Employees Get Paid For Working At Home?
There are no statutory or regulatory restrictions banning pay for
working at home except for overtime pay which is prohibited.
However, EPA has strictly limited work at home dunng regular
hours to-those instances which are pre-approved, well- (
documented, and can meet the test of public scrutiny. The
Comptroller General of the United States has ruled on this
matter (File B-222246, September 4,1986.) and held that gener-
ally Federal employees may be compensated for government
-------
,
work performed at :ne:r nomes on!\ urder\er\ .jnited circum-
stances Such circumstances include temporary or irtermir.er.t
p«nods dunng *hich employees are.unaole to commute to
their work place because of the'ir physical condition, but are
otherwise able to perform their jobs. If supervisors authorize
such exceptions, they must be able to measure actual work
performance m the home against quantity and quality norms .to
verify time and attendance reports. Work at home'cannot be
approved for employees who, for personal reasons or con-
venience, would prefer a more flexible schedule, or for em-
ployees who are ill and who are unable to perform their ordin-
ary dunes at the assigned work place.
Are Employees Allowed To Attend Conventions,
Conferences, And Meetings Without Charge To
Leave?
Such activities should in no way interfere with or impede the
proper conduct of the Agency's official business. However, in
accordance with the EPA Leave Manual, employees can attend
conventions, conferences, and meetings in connection with
and as a part of their official duties while in a duty status. If
attendance is not directly related to official duties, but will
contribute to the goals of the Agency, the leave granting official
may authorize attendance through an excused absence. In
addition, the Comptroller General has determined that reason-
able and appropriate amounts of time may be devoted to the
support of the morale-building activities which benefit the
Agency.
Must Employees Sign For Leave For Brief Absences
Or Tardiness?
The supervisor may elect not to require a charge to leave. The
EPA Leave Manual permits absences from duty of less than one
hour to be handled administratively by excusing the employee
for adequate reasons, by requiring additional work equivalent
to the period of absence or tardiness, or by charge against
compensatory time, annual leave. LWOP, or AWOL. It is es-
sential that supervisors inform timekeepers of their decisions in
these cases.
May Supervisors .Schedule Employees Hours Of
Duty For Less Than S1: Hours If Shorter Lunch
Periods Are Taken To Make Lp The Time?
Headquarters employees cannot ha%e dut\ hour> 5v;neduiej
this manner The handbook. Flextime in EPA. slates m part ;hat_
"Each employee must take the normally scheduled halt-hr
lunch penod dunng core time. Full-time employees worning
eight hour day will end their workday 81-: hours after arm at a.
the office." Full-time employees on nine-hour compressed
workweek days will end their workday 91': hours after arrival at
the office. For part-time employees, workdays ot six-hours or
more require an additional half-hour for lunch while, workdays
of four hours or less should not include a lunch break. Regional
offices may establish their own policy regarding this issue
What Are The Penalties For Falsifying Tune And
Records?
Employees who falsify time and attendance records, whether
. themselves or for another employee, or who ignore, conceal or
cover up such offenses, are subject to penalties ranging from
written repnmand to removal. A criminal violation may also
exist. The Agency Conduct and Discipline Manual. Appendix
C, Table of Offenses and Penalties, contains more detailed
information.
Additional Assistance (
Additional information is available in the Resources Manage-
ment Directive, 2550A-Part 1 • Timekeeping, and the Leave
Manual, which is issued by the Office of Human Resou
Management. If you require assistance or clarification cone
ing time and attendance procedures, you may contact the <
tomer Assistance Section of the Financial Management Dm j
on 382-5116. If you know or suspect timecard fraud, vou sho"
call the Office of Inspector General (OIG) m Headquarter
the nearest Divisional Office of Inspector General. A telepno.
hotline number to the OIG is also available: FTS 362-49, / or
toll-free 800-424-4000. Information is confidential and callers
can remain anonvmous.
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dBft Committee on Integrity and Management Improvement
Bulletin
92-1
February 1992
Leave Policies
YTi PA has developed specific policies and procedures for
••-'taking and recording leave. This awareness bulletin has
been developed in a question and answer format and is
designed to anticipate and answer questions pertaining to lesser
known leave categories. It is intended as a supplement to the
EPA Leave Manual and should not be considered to be aD
inclusive. The answers to the following questions are intended
only as guidelines and are dependent upon the specific
Question: It there a separate leave category for maternity
or paternity reasons?
Answer: No. These absences are charged to sick leave
(maternity only), annual leave, and/or leave
without pay (LWOF).
Question: Do an forms of military duty quaUfy for military
team?
Answer: No. Some examples that do not qualify are
R.O.T.C training. Civil Air Patrol duty, and
temporary Coast Guard Reserve duty. If you are
in doubt, contact your local human resources
office.
Question: Can employees on military Uavt rtcttvt their
civilian pay and their military pay?
Answer: Yes. Employea are entitled to receive fuQ
civilian pay aid military pay white using their
accrued miuary leave. Military leave accrues at
the rate of IS days per year. To the extent that
military leave is not used in a fiscal year, it may
be carried over to the next year up to a maximum
of 30 days. One exception is that employees on
military duty to enforce the law win have their -
civilian pay reduced by the amount of pay
received for military duty.
Question: Can tmployttt request extended LWOPf
;'
Answer: Yes. Management may elect to approve extended
LWOP if there is a reasonable expectation that
the employee will return and if one of the
following is an apparent outcome: (1) increased
ability on the job because of employee's use of
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
LWOP time, such as for training; (2) protection
or improvement of employee's health; (3)
retention of a desirable employee; or (4)
furtherance of a program of interest to the
Government. See the EPA Leave Manual for
required levels of approval for extended LWOP.
Can an employee be granted funeral leave to
make arrangements for, or to atttnd, the funeral
or memorial urvictfor an immtdiau Vf lotivt?
No, unless the relative died as a result of wounds.
disease, or injury incurred while serving in the
Armed Forces in a combat zone.
An employees entitled to court leave if they are
summoned for witness service in a "nonofflciaf
capacity on behalf of a private party?
No. Employees will be charged annual leave or
LWOP. However, for service as a "nonofficisE
witness in a matter to which the U.S., District of
Columbia. State, or local government is a party.
the employee may be granted court leave.
It an SP-71 sufficient for requesting court leave
for jury service?
No. The employee should present a copy of the
order or subpoena to the supervisor with the
SF-71. Upon return from jury service, a
certificate of attendance signed by the clerk of the
court or other appropriate official should be
/* a charge toAWOL disciplinary action?
No. AWOL itself is not a disciplinary action. It is
based on a supervisor's decision that no form of
leave has been or should be approved. It may be
the basis for later disciplinary action.
/* an employee permitted time off without loss of
pay or charge to leave when making a blood
donation?
Yes. Employees who donate blood to the Red
Cross, or in emergency situations to local
-------
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
hospitals or bloodbanks of non-profit institutions,
will be excused from duty to donate blood for up
to four hours (not including the lunch period)
unless their presence at work is required by the
press of business.
Can a supervisor approve a request for
advanced sick leave iftht employ** has annual
leave available?
Yes. In cases of serious ailment or disability,
employees may be advanced sick leave, even if
they have annual leave to their credit Any
request for advanced sick leave must be
supported by • medical certificate.
Co* sick Uart be used to care for a family
member who is Off
No. unless a public health authority has
determined that either (1) the family member has
a contagious disease and requires the employee's
care and attendance, or (2) because of exposure
to the contagious disease, the employee's
presence at work could jeopardize the health of
other employees.
Does am employee have to use leave when an
illness/Injury is work related, and the employee
is awaiting a decision on a workmen's
compensation claim?
Yes. The employee is entitled up to 45 days for
traumatic injury, after which the employee has to
use his/her own leave or LWOP until the claim
has been approved by the Department of Labor.
After approval, the employee's leave can be
restored under the Leave Buy Back Program.
Contact your Iwal human nnMwcM office for
additional information regarding this piogum.
/* there a Omit on the amount of annual leave
that can be taken in conjunction with official
travel?
No. There are no limitations to the amount of
annual leave which may be approved, except the
employee most have already accrued the annual
leave that wifl be taken. However, immediate
supervisors should consider the ratio of
official/personal travel days as a factor when
granting approval for all annual leave in
conjunction with travel.
Question: Can annual leave be approved and taken in i
same pay period as overtime is earned?
Answer: Yes; however, this should be a rare occurrence.
Although not prohibited, repeated use of annual
leave during the same pay period as overtime \:
earned indicates that the necessity of the overu.
and supervisory planning are questionable. In
addition, overtime and annual leave usage during
the same day should be avoided.
Question: Can an employee have leave restored which was
forfeited because of the exigencies of public
business If the leave was planned but not
scheduled in wrilmt?
Answer: No. Leave exceeding an employee's maximum
allowable accumulation must be scheduled and
approved in writing prior to the beginning of the
third biweekly pay period before the end of the
leave year. If it is subsequently canceled because
of work exigencies and forfeited, it may be
restored in a separate leave account
Question: Under what circumstances can an employee be
gnnted administrative leave?
""j
'Wltii
lve I
istraq
Answer: Administrative leave, officially known as an
excused absence, is an absence from dutyi
loss of pay or charge to an employee's leave
account Supervisors may approve adnunistrai|
leave for such purposes as emergency conditic
(hazardous weather, power failure, flooding.
etc.); blood donations to an outside organization;
voting (where the polls are not open at least 3
hours before or after an employee's regular hours
of work); and attendance at conventions,
conferences, and meetings (if attendance is not
directly related to official
-------
BULLETIN
Office of • m m m Human Resources Management HEADQUARTERS
Number: 94-0007
Date:December 28.1993
MEMORANDUM
SUBJECT: Hazardous Weather Policy in Washington, D.C. Area
FROM: Linda J. Wallace, Acting Director
Headquarters Operations and
Client Services Division
TO: All EPA Headquarters Employees
*
In preparation for the Winter season, we are reissuing the 0PM
guidelines and the policy that will be followed in EPA Headquarters
when hazardous weather conditions exist in the Washington, D.C.
Metropolitan area.
Decision on Federal leave policy during an emergency situation
are made by the Director, Office of Personnel Management.
Announcement of the leave decision will be made through the EPA
Office of Human Resources Management and/or local news media. In
the event of a hazardous weather situation that develops overnight,
you should monitor local radio and television broadcasts for
information regarding leave policy before leaving for work. Most
of the announcements are self-explanatory.
0PM will provide one of the following announcements to the
media when an emergency occurs before the workday begins:
a. "Federal agencies ara open; employees are expected to
report for work on time.11
b. "Federal agencies are operating under a delayed arrival
policy; reasonable delays in reporting for work will b«
excused."
(Means Federal agencies will open on time, but reasonable
delays in reporting to work will be excused without lose
of pay or charge to leave for employees who experience
serious commuting delays.)
-------
- 2 -
c . "Federal agencies are operating under a liberal leave
policy: employees nay take leave without prior approval.*'
(Means Federal agencies will open on time, but employees
not designated as "essential" may take annual leave or
leave without pay (LWOP) without the prior approval of
their supervisors. Employees designated as "essential"
are expected to report for work on time.)
d. "Federal agencies are operating under a delayed
arrival/liberal leave policy; reasonable delays in
reporting for work will be excused, and employees may
take leave without prior approval."
(Means Federal agencies will open on time, but reasonable
delays in reporting for work will be excused without loss
of pay or charge to leave for employees who experience
serious commuting delays. Employees not designated as
"essential" may take annual leave or LWOP without prior
approval of their supervisors. "Essential" employees are
expected to report for work on time.)
e. "Federal agencies are closed."
EMERGENCIES PORING NORMAL WORK HOURS
If authorized by OPM, early dismissals will follow the
Metropolitan Washington Council of Governments (COG) Residential
Zone Dismissal Plan. As its name implies, the COG plan affects
employees according to where they live, not where they work. Under
the COG plan, employees whose homes are the most distant from the
city center will go home first. The residential zones defined in
the COG Plan are as follows.
Zone 1 residents live beyond Montgomery, Price Georgss, and
., .aunties.
Zone 2 residents live in portions of Montgomery, Price
Georges, and Fairfax Counties that lie outside the Beltway.
Zone 3 residents live inside the Beltway, but outside of the
District of Columbia.
Zone 4 residents live in., the District of Columbia.
A map which outlines the zones is attached.
-------
When a decision is made to send Federal workers home early,
0PM will inform agencies of the dismissal time for Zone 1
residents. (The dismissal time for Zone 1 residents will be at
least 1 hour after METRO and traffic officials have been notified
to prepare for an outbound rush.) Employees who live in the other
zones will be dismissed at half-hour intervals thereafter.
Whether Supervisors charge leave when an emergency develops
during normal work hours depends upon whether the employee is on
duty or on leave at the time of dismissal.
a. Supervisors should not charge leave, but grant excused
absences, for employees on duty at the time of dismissal.
An excused absence is appropriate for the remainder of
the workday even if an employee was scheduled to take
leave later in the day.
b. When an employee is absent on previously approved annual
leave, sick leave, or.. LWOP for the entire workday,
supervisors should continue to charge the employee leave
for the entire workday.
c. When an employee is scheduled to return from leave during
the period of the dismissal, supervisors should continue
to charge leave for absence until the time set for
dismissal, then charge any continuing absence due to the
emergency in the same manner as absences of other
employees who were on duty at the time of dismissal —
i.e., as an excused absence.
d. When an employee is scheduled to report for work before
the dismissal, but fails to do so, supervisors should
charge annual leave, sick leave, or LWOP, as appropriate,
for the entire workday.
e. When an employee leave before official word of the
pencing dismissal is received, supervisors should charge
leave of AWOL (absence without leave), as appropriate,
for the remainder of the workday.
f. When an employee leaves (with supervisory approval) after
receiving official word of the pending dismissal but
before the zone dismissal time supervisors may charge
leave for the period remaining before the employee's
official dismissal time. „.
Any questions regarding this Hazardous Weather Policy should
be directed to your Human Resources Service Manager on 260-3266.
"Attachment
-------
Council of Governments
Residential Zone Dismissal Plan
for the Washington Metropolitan Area
Alt,. -.I.
'•COCMCft
Number* R4pr*s*nt Dismissal Stages
-------
o-
Performance
Agreements
-------
Performance Management
In EPA, Each employee is required to have a set of performance standards
(contained in the overall Performance Agreement package; EPA Form 3115-
24) which describes the employee's work and establishes what constitutes
an acceptable level of performance. These performance standards are
discussed and agreed to by both the employee and the supervisor.
Performance standards should be in place within the first 30 days of starting
any new position.
Twice a year, you and your supervisor have an opportunity to review and
discuss performance. The first discussion takes place during the "midyear"
review (end of April). During the midyear review, you and your supervisor
should review the Performance Agreement and ensure that the performance
standards are still accurate and that the weights are still appropriate. Your
supervisor will also take this opportunity to discuss your general
performance. While midyear review is a discussion of performance there is
no formal performance rating given at this time.
Each October, you wiffcreceive a format performance rating by your
supervisor. You and your supervisor will meet to discuss your performance.
Once your supervisor has determined what your appropriate rating should be,
he/she will then discuss the rating with the next higher-level supervisor.
Having completed this discussion, your supervisor will then talk with you
and advise you of your annual performance rating.
A sample of the Performance Agreement, Appraisal and Certification
follows.
-------
I
Performance Agreement, Appraisal, and Certification
Instructions: Use Sections A, B, C, and D of this form for all performance agreements beginning
October 1,1987. You need not retype all existing performance standards in the new format. Section E
Instead, you can continue to use the existing format for standards that will remain the same. Use the
new format, Section E, when new standards are developed or significant changes are made in existing
standards.
This form is available in automated format Contact your Servicing Personnel Office for more informa-
tion.
Do Not Remove This Cover Sheet Until the Entire Form Is Placed in the Employee
Performance File in the Servicing Personnel Office.
Security Provisions: Personal information entered on this form, such as performance high-
lights, ratings on individual performance standards, and the overall performance appraisal, is
protected by the Privacy Act Protected records maintained in office files, on floppy disks, or
in any other manner, must be secured in accordance with the safeguards specified for perfor-
mance records (See 49 FR 36930).
EPA Form 3115*24 (Rev. 8-87) Previous editions are obsolete. 4
601
-------
SEPA
us environmental Protection Agency
Washington. DC 20460
Performance Agreement
Appraisal and Certification
employee s Name
(Last. First, Ml)
TO«, Pay Plan. Series, Grade, Step
Organization (AA. Ofe. Olv, Br)
Performance Period
From
To
Privacy Act Statement
Authority: The Information on this form Is collected under the Authority of the Civil Service Reform Act of 1978, S U.S.C. Sec. 1101 at. seq.,
and Executive Order 12107. Collection of your Social Security Number Is authorized by Executive Order 9397.
Effects of Not Providing the Information Requested: Your disclosure of the Information Is voluntary, but your failure to do so means that
management will provide the Information without Input from you.
Purposes and Routine Uses: This Information Is used to define the critical lob elements, performance standards and measures directly
related to your job. It will be used to document your midyear review and final performance appraisal. The Information may also be used In
connection with selection for and publicizing of cash and honor awards; other personnel actions based on performance, such as
reductlon-ln-force actions; training decisions; the hiring or retention of an individual or issuance of other benefits; relevant judicial or
administrative proceedings or law enforcement purposes; personnel research or survey purposes; and negotiated grievance procedures.
Disclosures may also be made to the MSPB, EEOC, and other Federal agencies for purposes authorized bylaw; to a Congressional office
at your request, and to officials of labor organizations when relevant and necessary to their duties of exclusive representation of Federal
employees. This Is a summary of the routine uses for these records. For a full description of the routine uses, see 48 FR 36958 (1984).
Confidentiality: Certifications, critical job elements, performance standards, performance measures and similar position specific Information
may be made available under the Freedom of Information Act. Performance highlights, ratings on standards, the rating of record, personnel
decisions and other personal Information are protected by the Privacy Act This information will be available only to your Immediate and
higher level supervisors and to other Agency officials in the exercise of their official duties, for a routine use as set forth In this statement or
as otherwise authorized by the Privacy Act
Security Provisions
Personal Information entered on this form, such as performance highlights, ratings on Individual performance standards, and the overall
performance appraisal, is protected by the Privacy Act Protected records maintained in office files, on floppy disks, or In any other manner,
must be secured In accordance with the safeguards specified for performance records (See 49 FR 38930).
Section A.
Performance Agreement and Midyear Review Certifications
Sign and date the appropriate block below to certify completion of the events.
I. Discussion and/or
approval of the
performance agreement
Employee
Signature
Date
Supervisor
Signature
Date
Approving Official
Signature
Date
II. Midyear performance
review and career
development
discussion
Signature
Signature
Date
Date
Section B.
Overall Performance Appraisal and Certification
I. Supervisor | have appraised this employee's performance and prepared a recommended rating.
Name and Title (type or print)
Signature
Date
it. Reviewing Official (SES and PMRS Only) The recommended rating reflects my assessment of the employee's
performance.
Name and Title (type or print)
Signature
Date
111. Approving Official (All Employees) | approve the rating of record and related personnel
decisions for this employee.
Name and Title (Type or print)
Signature
Date
IV. Rating of Record
Outstanding
Exceeds
Expectations
Fully
Successful
Unsatisfactory
v. Employee My supervisor and I have discussed my performance for this period in relation to my performance
standards and measures, and mv supervisor has informed me of mv rating of record.
Signature
Date
Comments Attached?
n
Social Security Numboi
Yes
No
EPA Form 3115-24 (Rev. 8-87) Previous editions are obsolete.
-------
Section C
Appraisal Worksheet
Employee's Name
Title, Pay Plan, Grade
Organization
Performance Period
From
Instructions to Supervisors
1. Calculate*a value for each standard by multiplying its weight by the recommended rating.*
2. Add the values for each performance standard to get a total value.
3. Use the table below to convert the total value to a recommended rating of record.
4. Sign the Appraisal form in Section B, Overall Performance Appraisal arid Certification. Send the
recommendation on for higher level review and approval.
5. After review and approval by higher level management, conduct the appraisal discussion with the employee.
* If the rating on any standard is "1" (Unsatisfactory), use the columns on the right hand side of the Worksheet
to calculate the overall rating for the CJE to which the standard belongs. To do this, add the values of the
standards In the CJE, and divide by the sum of the weights of the standards for that CJE. If the resulting CJE
rating Is below 2.0, overall performance must be "Unsatisfactory11 regardless of the total value for all performance
standards. Following approval of an Unsatisfactory rating, supervisors should put a Performance Improvement
Plan In place within 15 working days from the date the rating is communicated to the employee.
Instructions to Reviewing and Approving Officials
1. Review the recommended rating and the performance agreement on which it is based.
2. If you do not agree with the rating for a standard, adjust the rating and value on the individual performance
standard and on the Appraisal Worksheet and recalculate the total value of all of the standards. Change the
adjective rating on the Worksheet if necessary.
3. Sign in the appropriate block in Section B, Overall Performance Appraisal and Certification.
4. Approving officials assign the rating of record by checking the appropriate adjective rating in Section B.IV.
5. Approving officials are also the final authority on other personnel decisions related to the rating. (For PMRS
employees, rating and other personnel decisions (except for performance awards) may be delegated to Office
Directors. Performance award decisions remain with the AA, RA, IQ, or GC and are certified by them through the
PMRS ADP Support System.)
CJE No.
Standard No.
Weloht
Rating
Value
Required Only When Rating on a Standard la "1'
CJE Values
CJEWelghta
CJE Rating
Total Value
Conversion of Total Value to Recommended Rating of Record
Range of Total Values
100-199
200-299
300-399
400-449
450-500
Recommended Rating of Record CX' one)
Unsatisfactory
Minimally Satisfactory
Fully Successful
Exceeds Expectations
Outstanding
Compensation Decisions
Other Personnel Decisions
EPA Form 3115-24 (Rev. 8-67) Previous editions are obsolete.
-------
Section 0
Performance Agreement Summary
Employee's Name
TOe, Pay Ran, Grade
Organization
Performance Period
From
Summary of Critical Job Elements, Performance Objectives, and Weights
List 4-7 critical job elements and the performance objectives/standards related to each element. There shoul<
be no more than 10 performance objectives or standards in the entire performance agreement Weight each
objective according to its relative importance. The sum of the weights must be 100.
Example: " ""*"
Weights
20
10
CJE1. Develop policies and programs to implement the Performance Management System.
OBJ 1. Revise performance management plans
OBJ 2. Issue guidance on Performance Standards Review Boards
Weights
Critical Job Elements and Performance Objectives/Standards
EPA Form 3115-24 (Rev. 8-87) Previous editions are obsolete.
Continue on Plain Bond If Necessary.
-------
Section E
Performance Standard
Fill In the performance objective for the standard and the weight assigned to the standard. Add
assumptions if external factors should be considered in the final appraisal. Performance measures may
include quality, quantity, timeliness, and manner of performance.
Employee's Name
Critical Job
Element No.
Standard No.
Weight | Rating | Value
x •
1 1
Rating System for Quality, Quantity, Timeliness, and Manner of Performance (use whole numbers only):
Outstanding = 5; Exceeds Expectations = 4; Fully Successful = 3; Minimally Satisfactory = 2; Unsatisfactory = 1
Objective
Assumptions
Performance Measure*
Outstanding
Fully Successful
Unsatisfactory
Performance Highlights
EPA Form 3115-24 (Rev. 8-87)
-------
-------
September 15, 1993
CONFERENCE ROOMS
LOCATION
ET Basement
ET 1st Fl.
i
ET 1st Fl.
ET 3rd Fl.
ET 5th Fl.
ET 5th Fl.
ET 6th Fl.
ET 7th Fl.
NE 1st Fl.
NE Ground
ROOM I
B 44
119
125A
352
520
542
642
711
103
GO 10
NE Basement B011
Other Conference Rooms
NUMBER
260-3790
260-3938
260-3430
260-2659
260-3749
260-3810
260-2902
260-7833
260-8130
260-1866
260-1524
PEOPLE
20
10
20
10
20
30
30
15
30
20
20
CONTACT PERSON
Doris Mudd
Alma Barber/
Mamie Younger
Debbie/Sharon
Lois Beasley
Annie Yokley
Aurelia/Roz
Whoever Answers
Margaret Season
Eula Edwards
Pat Miller
Nikki Austin
Conference Rooms in the WIC—Contact: Ann Harris at 260-2046
j
Reservations for EPA Auditorium—Contact: Ann Harris at 260-2046
s,
EPA Training Conference Rooms—Contact: Debra Dorsey at 260-6678
EPA Educational Center Rooms—Contact: Ann Harris at 260-2046
Crystal Mall Fish Bowl—Contact: Earlina Smith at 703-305-7102
66?
-------
to*
-------
WELLNESS FESTIVAL 1992
An EPA Wellness Program
in conjunction vith
Occn-Health/ Inc.
-------
(010
-------
liiYSTAL STATION SUMMER FITNESS SCHEDULE
for June 29 - September 27
L. .ar Hours: Monday, Wednesday, and Friday 7:00 AM - 3:00 PM.
Tuesday and Thursday 10:00 AM - 6:00 PM.
Phone: 703-308-8579
TIME
10:30 AM
11:15AM
1:00 PM
1:45 PM
MONDAY
INT*
TONE/STR*
TUESDAY
INT/ADV*
TONE/STR*
WEDNESDAY
INT*
TONE/STR*
THURSDAY
INT/ADV*
TONE/STR*
FRIDAY
INT*
TONE/STR*
'Denotes a 45 minute class
Class Descriptions
INT - 10 minute warm-up; 25-30 minutes of low and high impact aerobic movements at
an intermediate level of intensity. 5 minute warm-down.
INT/ADV - A class for the SERIOUS aerobiciser. 10 minute warm-up; 30 minutes of our
highest intensity aerobics and most advanced moves and combinations. 5 minute
warm-down.
TONE/STR - Tone and Stretch. 45 minutes of intensive toning work. This class can
also be used to complement the preceding cardiovascular class.
Please note that the movements in any class can be modified to be high or low impact.
PLEASE NOTE...WHEN AN AEROBICS CLASS
IS IN SESSION, THE REST OF THE CENTER IS
CLOSED!!
(ell
-------
EPA SUMMER FITNESS SCHEDULE
for June 29 - September 27
WATERSIDE MALL MULTI-PURPOSE ROOM
'IME
8:00 AM
8:45 AM
9:00 AM
11:00 AM i
1:00 PM
2:00 PM i
3:00 PM ;
5:30 PM '
6:00 PM i
MONDAY
BEGINNER .
INT/ADV
INT
-
BEG/INT*
TUESDAY
TONE/STR*
INT/ADV
STEP & TONE*
STEP*
WEDNESDAY (THURSDAY
BEG STEP
INT/ADV
INT
@@
@@
STEP & TONE*
TONE/STR*
&IT/ADV
STEP & TONE-
STEP*
FRIDAY
STEP*
TONE/STR*
INT/ADV
INT
"
'Denotes a 45 Minute Class
Class Descriptions
BEGINNER - 10 minute warm-up; 20-25 minutes of low to moderate intensity aerobics
using basic movements and combinations. The emphasis is on toning and
flexibility. Although the focus is on beginners, all levels are welcome.
BEG/INT - A 45 minute class consisting of 10 minute warm-up, 25 minutes of moderate
intensity aerobics, and a brief abdominal session.
INT - 10 minute warm-up; 25-30 minutes of low and high impact aerobic movements at
an intermediate level of intensity. This class finishes with movements designed
; to increase your levels of flexibility and conditioning.
'NT/ADV - A class for the SERIOUS aerobiciser. 10 minute warm-up; 30 minutes of our
highest intensity aerobics and most advanced moves and combinations. The class
will include abdominal and floor work as time permits.'
•EG STEP-A 60 minute class designed with the beginner in mind. The class consists of a 10
minute warm-up, 20-25 minutes of STEP aerobics, and finishes with toning,
flexibility, and cool down.
STEP - A 45 minute aerobics class utilizing "The Step." This class consists of a 10 minute
1 warm-up, 25 minutes of Step Aerobics, and 10 minutes of cool down/stretch.
STEP & TONE - A 45 minute class consisting of a 6-8 minute warm-up, 20 minutes of STEP
aerobics, and finishing with 15 minutes of toning and abdominal work.
TONE/STR - Tone and Stretch. 45 minutes of intensive toning work. The muscle toning in this
class may be used to complement a preceding cardiovascular class.
Please note that the movements in any class can be modified to be high or low impact.
Video Tapes
The Fitness Center has a selection of exercise videos available for use whenever
the Multi-Purpose room is not being used for an organized class. Please ask a
Fitness Technician for assistance.
@@ - The Serf-Defense seminar will be held the 3rd Wednesday of each month, from 2-4 PM.
enter Hours: Mon - Fri, 6:30 AM - 7:00 PM. Phone: 202-260-3976
-------
HOW TO BECOME A MEMBER OF THE WELLNESS CENTER:
Optinn #1
A. Stop by (be center and pick up a physician's clearance form.
Have the form Wed out and signed by your physician and return it to the Wcllness Center.
~' " I \O " " '"~ ' -
—OR—
B. Bring us a note from your doctor on his/her stationary that slates you are in good health and (hat there
is nothing preventing you from regular exercise.
Option #2
Have a fitness Evaluation done at the WeUness Center.
First obtain a medical history questionnaire from the center.
After filling out the questionnaire, make an appointment for your evaluation (provided that none of your answers
on the questionnaire preclude you from doing (his.)
The Fitness Evaluation will provide useful information as to your current fitness level and provide us with
baseline values In track your progress. Following is a detailed listing of the tests that will be conducted in the
evaluation and the information they will provide:
A. Resting Heart Rate • Your radial pulse will he palpated for 30 seconds. When this number is multiplied
by 2. it gives an estimate of your heart rate at rest. A normal resting heart rate is between 60-80 beats per
minute.
B. Resting Blood IVessure - Your Wood pressure wtO be measured in a sealed position. Normal resting Wood"
pressure should be dose to 12(VKO.
C Circumference Measurements - Using a tailoring tape measure, body girths of the fiiUowuta areas win be
measured to compare against future re-evaluations:
1) Right Calf.
2) Rfaht Thigh.
3) Hips.
4) Waist.
5) Chest
6) Right Bleep.
D. Body Composition - Often, there may be little or no weight loss due to exercise, but there Is normally a
decrease in body fat. To measure your body fat, three sites will be pinched using a skin caliper to measure the
thickness of the skin and underlying Git The three sites are: Men - Chest, Abdomen, and Thigh; Women • Tricep,
Iliac, and Thigh. These measurements will give an estimate of your overall percentage of body fat Acceptable
ranges of body fat are
Men: 9 • 15%.
Women: 18 - 24%.
K. Muscular Strength • Using a handgrip dynamometer, your grip strength will be tested. This win give an
estimate of overall muscular strength.
F. Muscular Endurance - This two minute test estimates overall muscular endurance based on the Abdominal
muscles. Yon will perform as many Abdominal Curls as you can utilizing correct form.
CJ. Flexibility • The Sit & Reach test measures the flexibility of the muscles in the lower hack and hamstring
regions. Poor flexibility can limit one's range of motion, promote poor posture, and increase lower back pain.
II. Cardiovascular Endurance • This test will range in length from 6-15 minutes depending on your
endurance level. Using a cycle erRometer, the Fitness Staff will monitor your heart rale and blood pressure as you
proceed through increasing pedal resistance at specific time intervals. The test will be stopped when you have
achieved 85% of your maximal heart rate or you can no longer continue. By knowing your heart rate at a specified
resistance, an estimate of how efficiently your body utilizes the oxygen you breathe in while exercising can be
obtained.
Waterside Mail: 260-3976 Crystal Station: 308^579'
6/3
-------
-------
SERVICES OF 'ixfe KIM^IMSS CENHHERS
Fitness Evaluations: These are available only at the Waterside Mall
facility. Each evaluation provides useful information as to your
current fitness level and baseline values from which to trade your
progress. See "How to Become A Member of the Wellness Center" for
further description". ~ '—• *"- "• — ~~
Exercise BeconDendation/NbrkDob Appointments: These are available at
both the Waterside Mall and Crystal Station facilities. The Fitness
Center Staff will talk with you about your fitness needs and goals.
Based upon this discussion, a member of the staff will develop an
exercise routine to help you accomplish your goals. You will be shown
the proper form and technique for all the exercises and equipment that
we have recommended for you.
Aerobic rriannfm Classes are taught throughout the day at the Waterside
Mall and Crystal Station facilities. Please visit your center for a
current schedule.
EQOHWENT AVAHAHE2
Waterside Mall:
Stairmaster (2)
Exercise cycles (4)
Concept II rower.
Nordic Track Cross-Country Skier
Cybex strength machines (13)
Dumbbells from 2 to 70 pounds
Crystal Station:
Stairmaster
Exercise cycles (5)
Concept II rower
Treadmill
8 station weight machine
•Lifestyle Advisor" Newsletter
This bimonthly publication provides information on current topics of
interest on a variety of subjects pertaining to fitness and health. It
is distributed through the EPA mail system. Check your mail in June for
the next issue.
Monthly nantioaa Topics
Each month the Wellness Center/ which is made up of the Health Unit and
Fitness Center/ presents. a screening to assess one aspect of your health
or a seminar or class to help educate you. There is a different topic
each month. Check your mail for the bimonthly newsletter or individual
flyers..
-------
of a health maintenance organization find personal physicians. The
names of three physicians specific to the needs of the patient and
his/her geographic location will be provided upon request.
Mb X-ray equipment is present in the Health Unit. Persons needing an
X-ray will be referred to an outside facility. .. ._
Tetanus or tetanus-diphtheria booster injections are available to those
civil servants who have been injured and require a booster injection.
OuLLuuin travel infanation and ianonizationss The Health Obit provides
information on recommended and required shots for all countries of the
world. The staff frequently consults with the staff of the State
Department Immunization Clinic to keep abreast of any outbreaks of
diseases which require special immunizations not usually recommended.
EPA civil servants going on official foreign travel can get those
vaccines which do not require special certificates or handling in the
Waterside Mall Health Chit. These vaccines include Tetanus,
Tetanus-diphtheria/ injectable Typhoid/ Cholera, and Gamma Globulin.
The staff must refer those employees needing Yellow Fever vaccine and
antimalarial drugs to the State Department Immunization Clinic.
Indoor air quality profaleaBt Persons with medical conditions possibly
related to indoor air quality can be evaluated at the Waterside Mall
Health Dhit. A complete medical and environmental history is taken.
Tests including spirometry/ blood work/ urinalysis/ and vital signs are
completed. The clinic physician also examines the individual.
HIV testing: This testing can be done upon written request by EPA civil
servants. Results are kept confidential.
Mflrtical eaezgeacies* The staff responds to the scene of medical
emergencies and transports the employee back to the Health Chit when
possible for further evaluation. An ambulance is called when needed.
Patients are stabilized until the ambulance arrives.
Faixcaild **¥* Piufc^i station
These units are one-nurse units. A physician is not present. The
nurses in these units rotate on a monthly basis. They can do blood
pressure monitoring/ treat minor illnesses and injuries/ respond to
medical emergencies/ and do health education.
HEALTH SCREENINGS AND EDOCATIGN PROGRAMS
The Wellness Center comprised of the Health Chit and the Fitness Center
provide six health screenings and six education programs per year.
Screenings that have been sponsored thus far include diabetes/
cholesterol/ hypertension/ and prostate cancer. Education classes have
included*total vellness/ CFR, smoking cessation/ child abuse.
-------
HIGHLIGHTS OF SERVICES AVAILABLE IN THE HEALTH UNITS
Waterside Mall Health Unit
Physicals: EPA contracts with Occu-Health, Inc. to provide 500
physicals per year. 'Those EPA civil servants eligible for this service
are those who are GS 14 or its equivalent and above or those who are age
40 years or greater. Currently the names of those persons desiring
physicals are placed on a waiting list. Appointments are scheduled as
the employees' names are reached on the list.
The physical consists of two parts. The first part, also referred to as
the pre-physical, is done one morning and includes an electrocardiogram,
a vision screening exam, a glaucoma screening, a hearing screening test,
height, weight, vital signs, blood work including the total and
fractional cholesterols, and urinalysis. All results are assembled for
review by the Health Unit physician.
Part two of the physical consists of meeting with the physician to
review all results of testing completed in part one. The physician also
completes a hands on examination. Females who desire a pap smear can
elect to have one performed at the time of the physical.
Allergy injections: EPA civil servants are eligible to receive allergy
injections in the Waterside Mall Health Unit. These employees must
provide their own serum and a signed set of instructions from their
private physician. Allergy shots are given between 1:30 and 3:30 P.M.
Monday through Friday.
Blood pressure nonitorlng: Employees needing to have their blood
pressure checked may avail themselves of this service between the hours
of 8:00 A.M. and 1:00 P.M. and 3:30 and 4:00 P.M. Monday through Friday.
-O«/ fl~?/>pnJ-rm€.*JT
Cholesterol checks: EPA-—civil servants are eligible for periodic
cholesterol checks using the flftgecgtickmetbed—ana SheKeflbtron
machine. The Health Unit^gtafJi lauSijglaiijuitJlpyees who are working
with their priva£e_phy8±etanor dietician to monitor^*beAr_ progress in
reducing
including fractionation, every three months.
Glucose checks: EPA civil servants who suspect they may be diabetic can
have a screening fasting glucose done. This test is not diagnostic and
dees not take the place of a diagnostic workup by the employee's
personal physician but does serve as a reference point.
Sick call:' Employees who are ill or injured are seen in the Health Unit
for evaluation and treatment within the limits of the contract and the
facility. One dose of over-the-counter medications may be given as
appropriate for minor ailments.
The Health Unit physician at Waterside Mall may evaluate an employee but
must refer him/her to his/her own private physician. Prescription
medication is not available through the Health-Unit. The clinic staff
can help persons who do not have a private doctor or who are not members
-------
THE EPA HEALTH WITS AND FITNESS
HEALTH UNITS*
Waterside Mall Health Cbit: 260-4321
Located in the EPA Wellness Center at the coiner of Makende Place
and R Street/ S.W.
Sick Call and Emergencies 8:00 A.M. to 4:30 P.M. Monday-Friday
Blood Pressure Monitoring 8:00 A.M. to 1:00 P.M. Monday-Friday
'3:30 P.M. to 4:00 P.M. Monday-Friday
Allergy Clinic 1:30 P.M. to 3:30 P.M. Monday-Friday
"Or nfijo/fjrrte-tJrf
Cholesterol Checks .lOiOO A.ll7 Lu TiiOO A^.gMuulaj*'Ilmila
-------
THE STAFF OP OCCD-HEALTH, INC.
Daniel Jimenez, M.D., M.P.H.: Medical Director
Dr. Jimenez is an ambulatory care specialist who also practices
Occupational Medicine. Prior to assuming his post as Director of * the
EPA Health Unit as veil as Program Director for the Wellness Center/ Dr.
Jimenez was the Medical Director of the General Motors Plant in
Baltimore. A graduate of the University of the Philippines and the-
University of the East/ he finished his residency training at the George
Washington University Medical Center and obtained his Master of Public
Health degree from the Johns Hopkins University. Dr. Jimenez is a
faculty -member of the Department of Community and Family Medicine at
Georgetown University School of Medicine. Dr. Jimenez is certified in
Advanced Cardiac and Advanced Trauma Life Support and Pediatric Life
Support.
Health Doit Staff
jeazme Shafer, R.M., C.O.H.N.s Head Nurse
Jeanne, a Certified Occupational Health Nurse through the American
Board of Occupational Health Nurses/ is a graduate of the Alexandria
Hospital School of Nursing. She has more than 14 years experience in
occupational health nursing in addition to experience in pediatrics/
operating room/ telephone advice/ and general medical-surgical nursing.
She is a member of the American Association of Occupational Health
Nurses and the Metropolitan Washington Association of Occupational
Health Nurses and attends her local association continuing education
classes.
Shirley Comiiigban, R.N.: Staff Nurse
Shirley/ a graduate of Georgia College/ has a mmber of years of
nursing experience in a variety of clinical areas including cardiac
care/ medical-surgical floors/ occupational health/ and correctional
institutes.
>/ R.N.: Staff Nurse
Bonnie/ a graduate of St. Francis Hospital School of Nursing/ is a
Minnesota native vho has practiced nursing in six states - from Rhode
Island to Havaii - and the District of Columbia. Bonnie has been
employed in the EPA Health Unit since 1988. Her previous experience as
a staff nurse has included intensive care/ emergency room/ and
medical-surgical nursing.
Sherrie Scott: Secretary/Receptionist
Sherrie has ten years experience working with the public in
secretarial/ receptionist/ and data entry positions. She has studied
business courses.
Leah Tillman/ R.N./ B.S.N.: Staff Nurse
Leah received her Bachelor or Science in Nursing from Southhampton
University and will complete her Masters of Science in Health and
Wellness Promotion Counseling from Trinity College in December/ 1992.
She has 14 years of nursing experience in emergency medicine and
-------
occupational health and vellness. Leah is certified to teach self
breast examination and smoking cessation.
Angela Ward, R.N., B.S.N.: Staff Nurse
Angela earned a Bachelor of Science in Nursing from the University
of Alabama. Her background includes acute, long-term, and.ambulatory
care nursing. Management, preventive medicine, quality assurance, and
vellness education are highlights of her nursing experience. Angela is
certified as an instructor in smoking cessation by the American Cancer
Society, basic life support by the American Heart Association, and
HIV/AIDS education by the American Red Cross.
Fitness Center Staff
Mitchell Frids Wellness Coordinator
Mitchell earned his Bachelor of Science in Kinesiology and
completed two years M.A. work in Exercise Physiology at the University
of Maryland, where he instructed exercise skill classes for two years.
Mitchell has been in the Health and Wellness industry for seven years,
occupying all positions from Fitness Technician to General Manager. His
expertise is in the areas of testing and training the cardiovascular and
muscular systems. He is certified by the American College of Sports
Medicine, the American Red Cross, and the American Heart Association.
v
Barbara Barnard: Fitness Technician
Barbara earned a Bachelor of Arts degree at Virginia Polytechnic
Institute where she first began teaching aerobics. In her seven years
of teaching experience, she has taught in the Blacksburg and Tidewater
areas of Virginia and now in the Washington, D.C. area. She is
certified by the American Council on Exercise and has completed course
work in biology, nutrition, human anatomy and physiology, and creative
visualization.
Lisa douse: Fitness Technician
Lisa is a graduate of Vanderbilt University where she was the head
aerobics instructor for two years. Before moving to the D.C. area, she
taught aerobics at health clubs throughout the Cleveland, Ohio area.
She is certified by the American Council on Exercise in Aerobic Dance
and Personal Training.
Bill Mines: Fitness Technician
Bill is a graduate of Eastern Illinois. He has served as the Youth
Program Director for the Mattoon area YMCA where he also instructed
members on the correct usage of exercise equipment. He is also-
experienced in teaching both high and low aerobic classes and also
coordinates and designs personal fitness programs.
Julie Shapiros Fitness Technician
Julie earned a Bachelor of Science at James Madison University
where she first began teaching aerobics. Her formal aerobics training
was at Body Line in Bethesda, Maryland. After four years there, she
moved ' on to coordinate the Bethesda Sports and Health Club program.
Julie is also a personal trainer. She is certified by the American
Council on Exercise.
-------
OFFICERS OF
NATIONAL FEDERATION OF FEDERAL EMPLOYEES LOCAL 2050
OFFICE
President
President-Elect
Senior Vice Pres.
Chief Steward
Treasurer
Secretary
Vice-President
Vice-President
Vice-President
Vice-President
NAME
Bill Hirzy
Dwight Welch
James Handley
Steve Spiegel
PHONE - VOICE
260-2383
260-2383
202-546-5692
703-998-6780
308-8507
Bernie Schneider 305-5555
Pat Sims 260-2860
Freshteh Toghrol 305-7887
Otto Gutenson 260-4909
Irv Mauer 305-7430
Rufus Morison 703-998-5145
PHONE- FAX
260-3746
260-3746
308-8433
305-5147
260-1347
305-5147
260-4903
305-5147
703-998-5062
-------
-------
June 7, 1993
TO: OPPT Divisions
RE: OPPT Acronym List
Attached is a revised OPPT
Acronym List. Please distribute
a copy to each person in your
Division.
If you have any comments or
additions, please give Gail
Brooks (OPME) a call at 260-4144
(TS-792A or E523).
^Attachment
it
-------
-------
OPPT ACRONYMS
(Revised: June 7, 1993)
AA
AALA
AAP
AARP
ABPO .
ACE
ACGIH
AC&C
ACM
AGO
ADP
AFGE
AH ERA
AIA
AICHE
AICR
AIHA
AIHC
AIMB*
AKA
ALJ
ANPR
ANSI
AO
AO
A06
APA
APDS
APHA
API
API
ARPA
ASCMS
ASHAA
ASHARA
ATM
ATS
Assistant Administrator
American Association for Laboratory
Accreditation (Lead Program)
Asbestos Action Program
American Association of Retired Persons
Asbestos Ban Phase-Out (Rule)
Agriculture in Concert with the Environment
(Pollution Prevention Program)
American Conference of Government Industrial
Hygienist
Abatement Control and Compliance
Asbestos Containing Materials
Administrative Contract Officer
Automated Data Processing
American Federation of Government Employees
Asbestos Hazard Emergency Response'Act (1986)
Asbestos Information Act
American Institute of Chemical Engineers
Alternative Internal Control Review (FMFIA)
American Industrial Hygienist Association.
American Industrial Health Council
Analysis and Information Management Branch
(CSRAD/OPPT)
Also Known As
Administrative Law Judge
Advanced Notice of Proposed Rulemaking
American National Standard Institute
(formaldehyde)
Administrator's Office (aka OA, AX)
Administrative Officer
Agency Operating Guidance (OPPE)
Administrative Procedure Act
Automated Procurement Documentation System
American Public Health Association
American Paper Institute
American Petroleum Institute
Advanced Research Project Agency (DoD)
Administrative Support Career Management
System (OHRM)
Asbestos in Schools Hazard Abatement Act of
1984
Asbestos School Hazard Abatement
Reauthorization Act
Automatic Teller Machine
Administrator's Tracking System
An OPPT Reorganization Entry (10/92).
-------
ATS
ATSDR
AU
AWOL
AX
BAG
BASIS
BBS
BC
BD
BEAD
BEP
BG
BSCC
CAA
CAAA
CAG
CAIR
CAPS
CAS
CASAC
CATS
CBZ
CBIC
CBITS
CCD*
CCR
CDC
CDD
CDF
CD-ROM
CEB*
CEC
CECATS
CEQ
Action Tracking System
Agency for Toxic Substances and Disease
Registry
Accessible Unit-(FMFIA)
Absent Without Official Leave
Administrator's Office (aka AO, OA)
***
Biotechnology Advisory Committee
Battelle's Automated Search Information
System
Bulletin Board System (WIC)
Branch Chief
Budget Division
Biological and Economics Analysis Division
(OPPTS/OPP)
Black Employment Program
Billion Gallons
Biotechnology Science Coordination Committee
***
Clean Air Act
Clean Air Act Amendments (OAR)
Carcinogen Assessment Group (ORD)
Comprehensive Assessment Information Rule
(TSCA)
Comprehensive Abatement Performance Study
Chemical Abstract Service
Clean Air Scientific Advisory Committee (CAA)
Corrective Action Tracking System (FMFIA)
Confidential Business Information
Confidential Business Information Center
(EPA)
CBZ Tracking System
Chemical Control Division (OPPT/OPPTS)
Council on Chemical Research
Centers for Disease Control and Prevention
(HHS)
Chlorinated dibenzo-p-dioxin
Chlorinated dibenzofuran
Computer Disk - Read Only Memory
Chemical Engineering Branch (EETD/OPPT)
Center for Emission Control
CSB Existing Chemicals Assessment Tracking
System
Council on Environmental Quality
* An OPPT Reorganization Entry (10/92).
-------
CERCLA
CERCLIS
CP
CFC
CPC
CFR
CHIPS
CICIS
CIP
CIS
CMA
CMD*
COB*
COLA
CONUS
CORK
CPO .
CPSC
CRAVE
CRTK
CS6
CSRAD
CSRS
CTIB*
CTP
CTSA
GUI
CUS
CWA
CY
DA
DAA
DAPSS
DCA
DCO
DCMA
DCN
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980
(Superfund)
Comprehensive Environmental Response,
Compensation and Liability Information System
(OSWER)
Conservation Foundation
Chlorofluorocarbons
Combined Federal Campaign
Code of Federal Regulations
Chemical Hazard Information Profiles (OPPTS)
Chemicals in Commerce Information System
Chemicals-in-Progress (Bulletin)
Chemicals Information System
Chemical Manufacturers Association
Chemical Management Division (OPPT/OPPTS)
Communication and Outreach Branch (EAD/OPPT)
Cost of Living Adjustments
Conterminous United States
Chemicals on Reporting Rules
Certified Project Officer
Consumer Product Safety Commission
Carcinogen Risk Assessment Verification
Endeavor
Community Right-to-Know
Council of State Governments
Chemical Screening and Risk Assessment
Division (OPPT/OPPTS)
Civil Service Retirement System
Chemical Testing and Information Branch
(CCD/OPPT)
Chemical Testing Program (OPPT)
Cleaner Technology Substitutes Assessment
(DfE)
Chemical Use Inventory
Chemical Update System
Clean Water Act (aka FWPCA)
Calendar Year
***
Deputy Administrator (AO)
Deputy Assistant Administrator
Document and Personnel Security System
Document Control Assistant .
Document Control Officer
Dry Color Manufacturers Association
Document Control Number
An OPPT Reorganization Entry (10/92)
r
-------
DEU — Delegated Examining Unit (Personnel)
DfE — Design for the Environment
DFES* — Design for the Environment Staff (EETD/OPPT)
DHHS — Department of Human and Health Services
(aka HHS) ~~ ""
DIY ~ Do-It-Yourself
DNT — Decision Not to Test
DOC — Department of Commerce
DOD — Department of Defense
DOD — Deputy Office Director
DOE — Department of Energy
DOI — Department of the Interior
DOJ — Department of Justice
DOL — . Department of Labor
DOT — Department of Transportation
DOW -- Defenders of Wildlife
DQO — Data Quality Objective
DRA — Deputy Regional Administrator
ORE — Destruction and Removal Efficiency
(Superfund)
DRC ~ Deputy Regional Counsel
***
EA ~ Environmental Assessment (NEPA)
EAB* ~ Exposure Assessment Branch (EETD/OPPT)
EAD* ~ Environmental Assistance Division
(OPPT/OPPTS)
EA6 — Exposure Assessment Group (ORD)
EC ~ Existing Chemicals
EC ~ Extramural Coordinators
ECAP ~ Employee Counseling and Assistance Program
ECB* — Existing Chemicals Branch (CCD/OPPT)
ECC6 — Existing Chemical Coordination Group
ECMR — Existing Chemical Management Review
ECP — Existing Chemical Program (ECAD/OPPT)
EDB ~ Ethylene dibromide
EDF — Environmental Defense Fund
EDI -- Electronic Data Interchange
EEB* — Environmental Effects Branch (HERD/OPPT)
EEC — European Economic Community
EEO ~ Equal Employment Opportunity (OCR, AO)
EETD* -- Economics, Exposure & Technology Division
(OPPT/OPPTS)
EFED ~ Environmental Fate and Effects Division
(OPP/OPPTS)
EHC ~ Environmental Hazard Communication
EIA ~ Environmental Information Association
* An OPPT Reorganization Entry (10/92),
-------
ELPAT — Environmental Laboratory Proficiency
Analytical Testing (Lead Program) .
ELR — Environmental Law Reporter
EMAP — Environmental Monitoring and Assessment
Project (ORD)
EO — Executive Order
EP — Extraction Procedure
EPA — Environmental Protection Agency
EPA — Environmental Protection Assistant
EPAAR — EPA Acquisition Regulation
EPCRA — Emergency Planning and Community Right-to-
Know Act
EPS — Environmental Protection Specialist
ERC — EPCRA Reporting Center (Arlington, VA)
ESA — Endangered Species Act
ETS — Extramural Tracking System
EUP — Experimental Use Permits (OPP/OPPTS)
***
FACA — Federal Advisory Committee Act
FAN — Fixed Account Number
FAR — Federal Acquisition Regulations
FATES — FIFRA and TSCA Enforcement System
FATF — Federal Asbestos Task Force
FCCSET — Federal Coordinating Council of Science,
Engineering and Technology
FDA — Food and Drug Administration
FDIC — Federal Deposit Insurance Corporation
FEHB — Federal Employees Health Benefits
F.EHBP — Federal Employees Health Benefits Program
FERS — Federal Employee Retirement System
PICA — Federal Insurance Contributions Act
(Social Security)
FIFRA — Federal Insecticide, Fungicide, and
Rodenticide Act
FMD — Financial Management Division (OARM)
FMFIA — Federal Managers' Financial-Integrity Act
FOD — Field Operations Division (OPP/OPPTS)
FOIA — Freedom of Information Act
FOSTTA — Forum of State and Tribal Toxic Actions
FPB* — Field Programs Branch (CMD/OPPT)
FR -- Federal Register
FRM — Final Rulemaking
FSSD ~ Facilities and Support Services Division
(OARM)
FTE -— Full-Time Equivalent (aka Full-time Employee)
FTR — Federal Travel Regulations
* An OPPT Reorganization Entry (10/92).
-------
FTS '
FWPCA
FWS
FY
FYI
GAO
GEMS
GLP
GPO
G-H-R
GIS
GS
GSA
GTR
GW
HEB*
HED
HEX
HERD*
HEX-BCH
HHS
HMTA
HMO
HPV
HQ
H.R.
HR
HSDB
HUD
Federal Telecommunications Systems
Federal Water Pollution Control Act (aka CWA)
Fish and Wildlife Service (DOI)
Fiscal^Year„ __
For Your Information
***
General Accounting Office (U.S. Congress)
Graphic Exposure Modeling System (OPPT)
Good Laboratory Practices
Government Printing Office
Grams Rudman Rollings (aka G-R)
Geographic Information Survey
General Service
General Services Administration
Government Transportation Request
Groundvater
***
Health Effects Branch (HERD/OPPT)
Health Effects Division (OPPT/OPPTS)
Health Effects Institute
Health and Environmental Review Division
(OPPT/OPPTS)
Hexachloronorbornadiene
Department of Health and Human Services
(aka DHHS)
Hazardous Materials Transportation Act
Health Maintenance Organization
High Production Volume
Headquarters (EPA)
House Report (Congress)
House of Representatives (Congress)
Hazardous Substance Data Bank
Department of Housing and Urban Development
***
IAB*
IAG
IASCP
IBM
ICB*
ICC
ICC
Information Access Branch (IMD/OPPT)
Interagency Agreement
Indoor Air Source Characterization Project
(OPPT & OAR)
International Business Machines
Industrial Chemistry Branch (EETD/OPPT)
Interstate Commerce Commission
Internal Control Coordinators
* An OPPT Reorganization Entry (10/"52}
-------
ICPIG
ICR
ICR
IFI
IG
IH
IMD*
IMSD
IPCS
IRIS
IRPTC
ISI
ISSI
ITC
ITP
ITP
IUR
LBP
LBPPPA
LCA
LEAS
LEAP
LEPCS
LOREX
LUST
LWOP
Internal Communication arid Publishing
interest Group (EPA)
Information Collection Request
Internal Control Review.
International Fabricare Institute
Inspector General
Individual Holiday (AARPs)
Information Management Division (OPPT/OPPTS)
Information -Management and Services Division
--V (OARM)
International Program on Chemical Safety
Integrated Risk Information System (EPA)
—y International Register of Potentially Toxic
Chemicals
Information Systems Inventory (EPA)
-- Information Systems Solutions International,
Inc.
Interagency Testing Committee
Industrial Toxics Project (OPPT)
International Travel Plan
Inventory Update Rule (TSCA)
***
Lead-Based Paint
Lead-Based Paint Poisoning Prevention Act
Life-Cycle Analysis
Local Education Agencies
Lead Education/Abatement Program
Local Emergency Planning Committees
Low Release and Exposure (Poll.Prev.)
Leaking Underground Storage Tanks (aka UST)
Leave Without Pay
***
MACCS
MAP
MBTI
MCP
MIC
M&IE
MIS
MITS
MOA
MOU
Molecular Access System
Model Accreditation Plan
(Asbestos-In-Buildings)
Myers-Briggs Type Indicator
Management Control Plan (FMFIA)
Methyl isocyanate
Meal and Incidental Expenses
Management Information System
Management Information Tracking Systems
(OPPTS)
Memorandum of Agreement
Memorandum of Understanding
* An CPPT Reorganization Entry (10/92).
•,*•
-------
8
HPD
MSDS
MTCS
MTL
NTS
NTS
MZBB
N/A
N/A
NAAQS
NACA
NACE
NACEPT
NAFTA
NAPA
NAR
HAS
NCA
NCB*
NCC
NCELs
NCI
NCIC
NCP
NCSL
NDCAA
NEPA
NESHAPS
NFRM
NFWF
NGA
NHATS
NHEXAS
NHMP
NICE,
NICS
Minimum Premarket Dataset (OECD)
Material safety data sheet
Manufacturing Technology Centers
Master Testing List (OPPT)
Milestone Tracking System
Management Tracking System (OW)
Modified Zero Base Budget
***
Not Applicable
Not Available
National Ambient Air Quality Standards
Program (CAA)
National Agricultural Chemicals Association
National Association of Corrosion Engineers
National Advisory Council for Environmental
Policy and Technology (Lead Program)
North American Free Trade Agreement
National Academy of Public Administration
National Association of Retailers
National Academy of Sciences
Neighborhood Cleaners Association
New Chemicals Branch (CCD/OPPT)
National Computer Center (WIC)
New Chemical Exposure Limits
National Cancer Institute
Non-Confidential Information Center (EPA)
National Contingency Plan (CERCLA)
National Conference of State Legislature
National Directory of AHERA Accredited
Courses
National Environmental Policy Act of 1969
National Emissions Standards for Hazardous
Air Pollutants
Notice of Final Rulemaking
National Fish and Wildlife Foundation
National Governor's Association
National Human Adipose Tissue Survey
National Human Exposure Assessment
National Human Monitoring Program (Adipose
Tissue Program)
National Industrial Competitiveness through
Efficiency: Energy, Environment, and
Economics (Pollution Prevention Program)
National Institute for Chemical Studies
(West Virginia Feasibility Study)
An OFPT Reorganization Entry (10/92).
-------
NIEHS
NIK
NIOSH
NIST
NLM
NMP
NOG
NONS
NOTES
NFL
NPRM
NRC
NRDC
NSF
NTA
NTI
NTIS
NTP
NUCEA
NWF
National Institute of Environmental Health
Sciences
National Institutes of Health
National Institute of Occupational Safety and
Health
National Institute of Standards and
Technology
National Library of Medicine
N-MethyIpyrrolidone
Notice of Commencement
Notice of Noncompliance
Notice of Technical Errors
National Priority List
Notice of Proposed Rulemaking
Nuclear Regulatory Commission
Natural Resources Defense Council
National Science Foundation
Negotiated Testing Agreement
National Environmental Technology Institute
National Technical Information Services (Wic)
National Toxicology Program
National University Continuing Education
Association
National Wildlife Federation
OA
OA
OAQPS
OAR
OARM
OASYS
OB*
OC
OCE
OCL
OCM
OCR
OCR
OCR
00
00
ODW
OE
OEA
***
Office of Administration (OARM)
Office of the Administrator (aka AO, AX)
Office of Air Quality Planning and Standards
(OA&R, RTP)
Office of Air and Radiation (aka OA&R)
Office of Administration and Resources
Management
Office Automation System
Operations Branch (CMD/OPPT)
Office of the Comptroller (OARM)
Office of Criminal Enforcement (OECM)
Office of Congressional Liaison (OEA)
Office of Compliance Monitoring (OPPTS)
Office of Civil Rights (AO)
Optical Character Recognition
Optical Character Reader
Office Director
Optical Disk
Office of Drinking Water (OW)
Office of Enforcement
Office of External Affairs
* An OPPT Reorganisation Entry (10/92).
-------
10
OECD
OECM
OERR
OFA
OGC
OGE
OGWP
OHEA
OHR
OHRM
OIA
016
OLA
O&M
OMB
OMSE
OPA
OPME
OPMO
OPP
OPPE
OPPT
OPPTS
ORD
OSDBU
OSHA
OSHA
OSTP
OSWER
0/T
OTA
OUST
OW
Organization for Economic Cooperation and
Development
Office of Enforcement and Compliance
Monitoring
Office of Emergency and Remedial Response
(OSWER)
Office of Federal Activities (OEA)
Office of General Counsel
Office of Government Ethics
Office of Groundwater Protection (OW)
Office of Health and Environmental Assessment
(ORD)
Office of Health Research (ORD)
Office of Human Resource Management (OARM)
Office of International Activities
Office of Inspector General
Office of Legislative Analysis (OEA)
Operations and Maintenance
Office of Management and Budget
Office of Management Systems and Evaluation
(OPPE)
Office of Public Affairs (OEA)
Office of Program Management and Evaluation
(OPPT)
Office of Program Management Operations
(OPPTS)
Office of Pesticide Programs (OPPTS)
Office of Policy, Planning, and Evaluation
Office Pollution Prevention and Toxics
(OPPTS)
Office of Pollution, Pesticides and Toxic
Substances
Office of Research and Development
Office of Small and Disadvantaged Business
Utilization
Occupational Safety and Health Act
Occupational Safety and Health Administration
Office of Science and Technology Policy
Office of Solid Waste and Emergency Response
Overtime
Office of Technology Assessment (U.S.
Congress)
Office of Underground Storage Tanks (OSWER)
Office of Water
***
An OPPT Reorganization Entry (10/92).
-------
11
PAB*
PAFT
PAIR
PAIS
Pb
PbB
PBB
PC
PC&B
PCS
PCEQ
PCI
PDB*
PE
PELS
PIB*
PIC
PIC
PIES
PITS
PHD
PMI
PUN
PMS
POAC
POC
POTW
PPA
PPA
PPB
PPCG
PPD*
PPIC
PPIS
PPM
PR
PRA
PRO
Policy Analysis Branch (PPD/OPPT)
Program for Alternative Fluorocarbon Toxicity
Testing
Preliminary. Assessment-Information Rule
(TSCA)
Public Affairs Information Service (EPA)
Lead
Blood Lead
Polybrominated Biphenyl
Personal Computer
Personal Compensation and Benefits
Polychlorinated biphenyl
President's Commission on Environmental
Quality (Title X/Lead Program)
Per Capita Income
Program Development Branch (CMD/OPPT)
Program Element
Permissible Exposure Levels
Prevention Integration Branch (PPD/OPPT)
Prior Informed Consent
Public Information Center
Pollution Prevention Information Exchange
System
Project Information Tracking System (OPPT)
Planning and Management Division (regional)
Plumbing Management Industry (Pb Program)
Premanufacture Notification (TSCA)
33/50 Program Management Staff (EAD/OPPT)
(formerly SPO (Special Projects Office
(SPO/IO/OPPT)
Program Office ATM Coordinator
Point of Contact
Publicly-Owned Treatment Works
Pollution Prevention Act (OPPTS & OPPE)
Projected Program Accomplishments
Parts per Billion
Pollution Prevention and Control Group
(International Program)
Pollution Prevention Division (OPPT/OPPTS)
Pollution Prevention Information
Clearinghouse
Pollution Prevention Incentives for
States
Parts per Million
Procurement Request
Paperwork Reduction Act
Program Research & Operations
(same as S&E/effec. in FY93)
* An OPPT Reorganization Entry (10/92).
-------
12
PRP — Principal Responsible Party(ies) (Superfund)
PSA — Public Service Announcement
PTL ~ Priority Testing List (ITC)
PTSD — Pesticides and Toxic Substances Division
(OGC)
PV ~ Priority Value (ASHAA Program)
***
QA — Quality Assurance
QAMS — Quality Assurance Management Staff (ORD)
QAPjPs — Quality Assurance Project Plans (Indoor Air)
QAT — Quality Action Team (Stonnell Report & TQM)
QC — Quality Control
QSARs — Quantitative Structure Activity Relationships
***
RA — Regional Administrator
RA ~ Remedial Action
RA/RM — Risk Assessment:/Risk Management
RAB* — Risk Analysis Branch (CSRAD/OPPT)
RC —' Regional Counsel
RCF —- Refractory Ceramic Fiber
RCS — Regulation Coordination Staff OPPTS)
RCRA — Resource Conservation and Recovery Act
R&D — Research and Development
REDS — Reregistration Eligibility Documents
(OPP/OPPTS)
RFA — Regulatory Flexibility Act
RFP — Request for Proposal (contracts)
RIA — Regulatory Impact Analysis
RIB — Regulatory Impacts Branch (EETD/OPPT)
RLTC — Regional Lead Training Center
RM ~ Risk Management
ROD — Record of Decision (Superfund)
RoL — Register of Lists (EPA)
RTP — Research Triangle Park (North Carolina)
RY -- Reporting Year
***
SA ~ Special Assistant
SAB — Science Advisory Board (AO)
SAC — Secretarial Advisory Council
SAP — Scientific Advisory Panel
SAR - — Start Action Request.
An OPPT Reorganization Entry (10/92).
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13
SAR/MPD
SARA
SAT
SBA
SBO
SDWA
SEC
SEE
SES
SP
SIC
SIDS
SIP
SIS
SIS
SNUN '
SNUR
SOW
SRRD
SPMS
SRRP
SSA
SSS
STARR
7STARS
STP
SWDA
Structure activities relationship/minimum
pre-market data
Superfund Amendments and Reauthorization Act
(CERCLA) — ~. - —
Structure Activity Team
Small Business Administration
Senior Budget Officer
Safe Drinking Water Act
Securities and Exchange Commission
Senior Environment Employment
Senior Executive Service
Standard Form
Standard Industrial Classification
Screening Information Data Set
State Implementation Plans (Pb)
Secretarial Information System
Stay-in-School (student)
Significant New Use Notice (TSCA)
Significant New Use Rule (TSCA)
Statement of Work
Special Review and Registration Division
(OPPT)
Strategic Planning and Management System
Source Reduction Review Project (Pollution
Prevention Program)
Social Security Administration
Senior Science Staff (HERD/OPPT)
Staged Action for Risk Reduction
Strategic Targeted Activities for Results
Systems
Sewage Treatment Plant
Solid Waste Disposal Act
***
T&A
TAIS
TANSTAAFL
TAP
TAPP
TCDD
TCE
TCRI
TCLP
TDD
TOY
TEM
Tim* and Attendance
TSCA Assistance Information Service
There Ain't No Such Thing As a Free Lunch
Technical Assistance Program
Time and Attendance, Personnel, Payroll
Dioxin (Tetrachlorodinbenzo-p-dioxin)
Trichloroethylene
Toxic Chemical Release Index
Toxic Characteristic Leaching Procedure
Telecommunications Device for the Deaf
Temporary Duty
Transmission Electron. Microscopy
An .OPPT Reorganization Entry (10/92)
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TERA
TRIMB*
TIPP
TITLE III
TLVs
TMEs
TMEAS
TPC
TQM
TRC
TRDB
TRI
TRIE*
THIS
TRI/TOXNET
TSCA
TSCATS
TSIMB*
TSP
TUR
TURI
TVA
TVOC
UN
UNCEO
UNECE
UNEP
US
USA
USA
use
USCA
USOA
UST
UTS
14
TSCA Environmental Release Application
(OPPTS)
TRI Information Management Branch (IMD/OPPT)
Tidewater Interagency Pollution Prevention
Program (Pollution Prevention Program)
TITLE III of the Superfund Amendment and
Reauthorization Act of 1986 (also known as
EPCRA)
Threshold Limit Values
Test Market Exemptions
Test Market Exemption Applications
EPA's Testing Priority Committee
Total Quality Management
Title III Reporting Center
Test Rule Development Branch (ECAD/OPPT)
Toxic Release Inventory
Toxic Release Inventory Branch (EAD/OPPT)
Toxic Release Inventory System
Toxic Release Inventory Public Access System
(on NLM's TOXNET)
Toxic Substances Control Act
TSCA Test Submissions Database (OPPT).
TSCA Information Management Branch (IMD/OPPT)
Thrift Savings Plan
Toxics Use Reduction
Toxic Use Reduction Institute
Tennessee Valley Authority
Total Volatile Organic Compound
***
United Nations
United Nations Conference on Environment and
Development
United Nations Economic Commission for Europe
United Nations Environment Program
United States
United States Attorney
Unites States of America
United States Code
Unites States Code Annotated
United States Department of Agriculture
Underground Storage Tanks (aka LUST)
Upward Tracking System
***
Afi OPPT Reorganization Entry (10/92).
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15
VA — Vulnerability Assessment (FMFIA)
VA — Veterans Administration
VOC — Volatile Organic Compound
***
WA - — Work Assignments
WAN — Work Assignment Manager
WAR — Weekly Activity Report
WG * ~— Workgroup *
WHO — World Health Organization (UN)
WIC — Washington Information Center (Wash. , DC)
WISE — Women in Science and Engineering
WITS — Washington Interagency Telecommunication
System
***
XRF — X-Ray Florescence (Testing Device)
***
ZBB — Zero Base Budget
* An OPPT Reorganization Sntry (10/92)
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