United States
            Environmental Protection
            Agency
            Washington, DC
            20460
                                   January 1982
            Toxic Substances
vvEPA
Toxic Substances
Control Act (TSCA)
Report to Congress
for Rscal Year 1981

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                                               27416
       TSCA REPORT TO CONGRESS

        FOR FISCAL YEAR 1981
          , January, 1982
U.S.  ENVIRONMENTAL  PROTECTION AGENCY
     OFFICE OF TOXIC  SUBSTANCES
        401 M. Street, S.W.
      Washington, D.C.  20460

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                             CONTENTS
Introduction	   1

Reporting on TSCA Section
    4	   5
    5	   8
    6	  12
    9(d)	  17
   16	  19
   26 (a)	  23
   28 (c)	  24

Reporting on
   Litigation	  27
   Other TSCA Activities	  29
      Sections 12(b) and 13	  29
   Major Problems	  29
   Recommendations for Additional Legislation	  29
    Note:   This  report  covers  activities in Fiscal Year 1981

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                           INTRODUCTION


This fourth annual  report  to  Congress  summarizes progress made
during Fiscal Year  1981  by the  Environmental Protection Agency
(EPA) in implementing  the  Toxic Substances Control Act (Public Law
94-469, 94th Congress).  It  fulfills  the congressional reporting
requirements of sections 9(d)/  28(c),  and 30 of the Act.

Implementing the Toxic Substances  Control Act (TSCA) is the
responsibility of the  EPA  Office of Toxic Substances.   Overall
responsibility for  the TSCA program continues to be that  of the
Assistant Administrator  for Pesticides and Toxic Substances,  a
position that reports  directly  to  the  Administrator.

TSCA took effect on January 1,  1977.   Programs now exist  under
the Act to gather available  information about the toxicity of
particular chemicals and the  extent to which people and the
environment are exposed  to them, to bring about industry  testing
where existing data are  inadequate, to assess whether  particular
chemicals cause unreasonable  risks to  humans or the environment,
and to institute appropriate  control  actions after carefully
weighing the risk against  the benefits provided by particular
chemicals to the nation's  economic and social well-being.

To help ensure informed  decisionmaking by the government,  TSCA
gives EPA authority to gather basic information on chemical risks
from the manufacturers and processors  of such substances.   The
law also enables EPA to  require companies to test chemicals for
toxic effects and stipulates  that  companies are to submit  to  EPA
certain specified information on all  new chemicals before  they
are manufactured.   To  prevent unreasonable risks, EPA  under TSCA
may select from a broad  range of control actions, from requiring
hazard-warning labels  to outright  bans on the manufacture  or  use
of especially hazardous  substances.   TSCA authorizes EPA  to
regulate unreasonable  risks at  any stage in a chemical's  life-
cycle:  in manufacturing,  processing,  distribution in  commerce,
use, and/or disposal.

In assigning these  authorities  to  EPA  in order to implement TSCA,
Congress intended that prudence be exercised.   EPA's actions
under TSCA acknowledge the significant role that the chemical
industry plays in the  economy of the United States:  in 1980,  for
example, the industry's  annual  sales approached $162 billion  and
generated an annual trade  surplus  of about $12 billion; the
production of chemicals  and allied products accounted  for  roughly
5 percent of the Gross National Product;  and the industry
employed about 1.1  million people.

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Research done by the Agency shows  that  chemical  production is not
evenly distributed among the 11,000 establishments  involved in
the manufacture and processing of  chemicals.   The  five  largest
companies in terms of chemical sales, account  for  22  percent of
industry sales, and the fifty largest account  for  more  than 60
percent.  However, most chemical firms  are  small—53  percent
employ fewer than 100 people.

In creating TSCA Congress recognized that too  often in  the past
the hazards of particular chemicals were discerned  only after
extensive harm had occurred to human health  and  the environ-
ment.  Asbestos is a well-known example of  such  a  hazard.   In
other instances adverse effects are suspected  but  have  not been
proven to the ex.tent necessary for regulatory  decisionmaking.
The thrust of TSCA is to make it the industry's  responsibility to
develop missing data where there is a bona  fide  indication of
potential risk.

The Agency's basic approach in implementing  TSCA has  been  to use
the Act's various provisions to stimulate better and  more  timely
industry assessments of chemical risks.  This  approach  should
lead to more rapid and cost-effective achievement of  the Agency's
main statutory goals than would a chemical-by-chemical  regulatory
approach.  In a number of instances, for example, when  the TSCA
program has identified a suspect chemical,  the industry has
voluntarily undertaken risk-reduction measures such as  improving
in-plant emission controls or has  instituted toxicity testing.

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Implementation of TSCA, by Section of  the  Law,
FY 1981
Section of Law   Description
    4(a)
    4(a)
    4(a)
    4(b)
    4(b)
    5(a)
    5(a)
    5(a)


    6(a)
    6(e)
Testing for health and
environmental.effects:
nitrobenzene

Testing for health and
environmental effects:
dichloromethane

Testing for health and
environmental effects:
1,1,1-trichloroethane
Action

Proposed
  rule
Proposed
  rule
Proposed
  rule
Test standards for        Proposed
physical, chemical, and     rule
environmental persistence
characteristics

Good laboratory practices Proposed
standards for physical,     rule
chemical, and environ-
mental persistence charac-
teristics and for ecologi-
cal effects testing
Revised interim policy,
premanufacture notifi-
cation

Draft regulatory
analysis; proposed
economic impact
analysis

Chemical-specific SNUR
CFC production
limitations
PCB Manufacturing, proc-
essing, distribution in
commerce, and use
prohibitions; proposed
restrictions on use of
PCBs at agricultural
pesticide and fertilizer
facilities; abeyance of
proposed rule amendment
Interim
 policy
Proposed
 rule
Proposed
 rule

Advance
notice of
proposed
rulemaking
(ANPR)

Proposed
rule
amendment;
notice of
abeyance
Date

6/5/81
 (46 FR 30300)
6/5/81
 (46 FR 30300)
6/5/81
 (46 FR 30300)
            11/21/80
             (45 FR 77332)
            11/21/80
             (45 FR 77353)
11/7/80
 (45 FR 74378)
11/13/80
 (45 FR 74945)
11/26/80
 (45 FR 78970)

10/7/80
 (45 FR 66726)
5/6/81
 (46 FR 25411)

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 6(e)
 6(e)
 6(e)
 6(e)
 6(e)
 6(e)
12(b)


13


21
Use of PCBs  in
electrical equipment
Use of PCBs in
electrical equipment
Use of PCBs  in
electrical equipment
PCBs: Court order
regarding PCBs in
concentrations below
50 ppm

PCBs: Manufacturing of
PCBs in concentrations
below 50 ppm; possible
exclusion from manu-
facturing prohibition

Manufacturing,
processing, distribution
in commerce,  and use
prohibitions; PCBs in
concentrations below
50 ppm

Export notifications
to foreign governments

Customs entry policy
PCBs: Denial of
citizens' petition
Rule-       3/10/81
related       (46  FR  16069)
court order
and enforce-
ment notice
Advance
notice of
proposed
rulemaking
(ANPR)

Rule-
related
notice

Rule-
related
notice
Advance
notice of
proposed
rulemaking
(ANPR)

Advance
notice of
proposed
rulemaking
(ANPR)
Final rule
Proposed
policy

Proposed
rule-
related
notice
3/10/81
 (46 FR 16096)
5/20/81
 (46 FR 27614)
5/20/81
 (46 FR 27615)
5/20/81
 (46 FR 27617)
5/20/81
 (46 FR 27619)
12/16/80
 (45 FR 82844)

12/1/80
 (45 FR 79726)

12/4/80
 (45 FR 80320)

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TSCA SECTION  4:   TESTING  OP  CHEMICAL SUBSTANCES AND MIXTURES


Section 4 of  TSCA gives EPA  authority to require manufacturers or
processors of  chemicals to  test designated substances for toxic
effects.  EPA exercises this authority only when it can make
certain statutory findings  about the substance involved.  These
required findings are  that a chemical may present an unreasonable
risk;  that there  are  insufficient data available with which to
perform a reasoned risk assessment;  and that testing is necessary
to provide such data.  A  test rule also may be based on an Agency
finding of substantial production and exposure to humans or the
environment,  in addition  to  findings of insufficient data and the
need for testing.

Testing methodology requirements:  Testing required by rule is to
be performed  according to prescribed standards developed by EPA
in consultation with  other government agencies, nongovernment
scientific experts,  industry, foreign governments,  and the
general public.   The  test standards  are to prescribe the health
and environmental effects, as well as information relating to
toxicity and  other characteristics,  for which test  data are to be
developed.  In addition,  to  the extent necessary to assure
reliable and  adequate  data,  EPA is authorized to prescribe the
test .methodology  to be employed and  other requirements.   Such
requirements  will assure  uniformly reliable and consistent
results from  a variety of domestic and foreign sources of data.

Generic test  standards;   The Agency  had previously  indicated its
intention to  impose relatively rigid generic testing methodology
requirements  that were to be incorporated in rules  for testing
individual chemicals.  Under this approach, EPA published
proposals for health  effects testing on May 9, 1979 (44 PR
27334), and on July 26, 1979 (44 PR  44054), and proposals for
physical, chemical,  and environmental persistence characteristics
testing on November 21, 1980 (45 PR  77332).  Since  publishing
these  proposals.  Agency staff have developed additional test
methodology guidelines for mutagenicity,  neurotoxicity,
ecological effects,  and physical, chemical, and environmental
persistence characteristics.

Significant effort has been  made to  harmonize TSCA  testing
methodologies  with the protocols of  other U.S. Government
agencies in the Interagency  Regulatory Liaison Group (IRLG)* and
with the International Testing Standards  developed  by the 24
*The IRLG member agencies were  EPA,  the  Consumer Product Safety
Commission  (CPSC), the Food and  Drug Administration (FDA),  the
Occupational Safety and Health  Administration  (OSHA),  and the
Food Safety Quality Service (FSQS) of the  Department of
Agriculture.  The  four-year interagency  agreement establishing
the IRLG expired on September 26,  1981.

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 member nations of the Organization for Economic Cooperation  and
 Development (OECD).

 New approach;   Generic methodology guidelines.  EPA has recently
 decided to issue test methodologies as informal guidelines rather
 than as generic methodology requirements.  These guidelines  will
 be one of several sources from which the Agency may choose to
 adopt methodological requirements for testing individual
 chemicals on a rule-by-rule basis.  This approach affords the
 Agency the flexibility to modify the requirements to fit
 different chemicals.  In so doing it allows the Agency to
 determine the  most cost-effective methodology and gives testing
 laboratories an opportunity to make full use of their scientific
 judgment in suggesting appropriate methodologies.  The test
 methodology guidelines also would serve as guidance for voluntary
 testing conducted by the chemical industry.

 Good laboratory practices;   In addition to test methodologies,
 the Agency also has  proposed Good Laboratory Practice (GLP)
 standards for  health effects testing (44 FR 27362) and for
 physical, chemical,  persistence, and ecological effects testing
 (45 FR 77353).   The  final GLP standards, which delineate proper
 procedures for conducting laboratory testing, will be promulgated
 as regulatory  requirements, as originally proposed.   After a
 review of the  evidence compiled by the Food and Drug
 Administration (FDA) and EPA in their laboratory inspection/
 auditing programs,  EPA determined that implementation of the GLP
 protocols as regulations is justified to provide increased
 quality and integrity in the test data that will be submitted to
 the Agency under TSCA.

 Proposed testing rules;   On June 5,  1981, EPA proposed the second
 set of TSCA testing  rules under authority of Section 4(a)  of the
 Act.   The proposed  rules would require testing for the health and
 environmental  effects of nitrobenzene,  dichloromethane,  and
 1,1,1-trichloroethane,  all  of which  had been recommended for
 priority testing by  the  Interagency  Testing Committee (ITC).*

 Nitrobenzene;   The proposed nitrobenzene rule would require
 testing  for teratogencicity and reproductive effects based on the
 finding  that nitrobenzene may present an unreasonable risk of
 injury to human health.   The proposed rule would also require
 testing  for certain  environmental effects and for adsorption to
*The ITC was  created  by  TSCA to recommend chemicals to EPA for
priority consideration for  test rules under Section 4(a)  of the
Act.  Its member  agencies are EPA,  the Occupational Safety and
Health Administration (OSHA), the  Council on Environmental
Quality  (CEQ),  the  National  Institute for Occupational Safety and
Health (NIOSH), the National Cancer Institute (NCI),  the  National
Science Foundation  (NSF), the National Institute of Environmental
Health Sciences (NIEHS), and 'the Department of Commerce.

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soils.  The basis  for  proposing  environmental testing is the
finding that nitrobenzene  is  produced in substantial quantities
and is released  into the environment in substantial amounts.  EPA
also found that  currently  there  are insufficient data available
with which it can  evaluate  the  environmental effects of that
release and the  listed health effects of human exposure ascribed
to the substance.

Dichloromethane;   The  proposed  dichloromethane rule would require
testing for certain health  effects  and certain environmental
effects for which  there currently are insufficient data avail-
able.  The proposal is based  on  the finding that dichloromethane
is produced in  substantial  quantities, that there is substantial
human exposure  to  this substance, and that there is substantial
release of this  substance  to  the environment.

1,1,1-Trichloroethane; The proposed 1,1,1-trichloroethane  rule
wouldrequiretesting  for  teratogencity and for certain
environmental effects  for  which  there are  currently insufficient
data available.  The proposal is based on  the finding that
1,1,1-trichloroethane  is produced in substantial quantities, that
substantial numbers of persons  are  exposed to this substance,  and
that there is substantial  release of this  substance to the
environment.

Testing Costs;   Because the TSCA testing rules have been proposed
for public comment and have not  yet taken  effect, no costs  for
testing chemicals  were actually  borne by industry during fiscal
year 1981.

Testing rule schedule: The Interagency Testing Committee (ITC)
has submitted a  total  of eight  priority lists  to EPA;  26
individual chemicals and 19 chemical groups or categories have
been identified  by the Committee for test  rule consideration.   In
1979 the Natural Resources  Defense  Council (NRDC) challenged
EPA's responses  to the first  two sets of recommendations by the
ITC.  On February  4, 1980,  the  U.S.  District Court announced its
decision in NRDC's favor and  instructed EPA to establish a
schedule for responding to  the  backlog of  ITC recommendations.
The Court issued a final order  in January  1981.  Under the
schedule EPA is  required to respond to a total of 11 ITC
recommendations  during calendar  year 1981.

In response to  this lawsuit and  to  EPA's own concerns about the
Section 4 program, the Agency reevaluated  and  substantially
modified its approach  to evaluating ITC recommendations and
developing Section 4 test rules.   In 1981  this contributed  to
more efficient and timely  test  rule development.   As part of this
new procedure, EPA held "scoping" conferences  in March and  July
1981 on the subject of the  ITC's seventh and eighth sets of
recommendations.   These conferences provide an early opportunity
for input from the industry,  academia, and others in order  to
sharpen the Agency's focus  on the issues it needs to consider.

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 TSCA SECTION 5:   NOTIFICATION AND REVIEW OF NEW CHEMICALS


 Premanufacture  notification;   Section 5 of TSCA requires that any
 person  who  intends  to manufacture (or import) a new chemical
 substance  for commercial  purposes in the United States must
 submit  a notice  to  EPA at least 90 days before commencing
 manufacture  or  import of  the  substance.  A "new chemical
 substance"  is any chemical substance that does not appear in the
 TSCA Chemical Substances  Inventory.   The notice must contain
 information  specified in  Section 5(d),  including any information
 derived from testing  for  health and  environmental effects.  .

 Under Section 5(a)(2),  the Administrator is authorized to issue a
 Significant  New  Use Rule  (SNUR) that requires notification
 through the  PMN  process by anyone who proposes to manufacture or
 process a  subject chemical for certain  "new" uses defined in the
 rule.

 A  person who wants  to manufacture a  new chemical substance for
 test marketing purposes can submit a test market exemption
 application  (TMEA)  under  Section 5(h)(l) of the Act.  The Agency
 must either  grant or  deny the TMEA within 45 days and publish
 notice  of  this  action in  the  Federal Register.  The submitter
 must show  that  the  manufacturing,  processing/ distribution in
 commerce,  use,  or disposal of the TMEA  substance or any
 combination  of  such activities will  not present an unreasonable
 risk of injury  to health  or the environment under the test
 marketing conditions  specified in the application.

 Premanufacture Notification (PMN)  rules;  On January 10, 1979,
 EPA  publishedin the  Federal  Register proposed rules and notice
 forms for  the PMN program.  In response to comments, the Agency
 reproposed portions of  the rules and a  revised form on
 October 16,  1979.   The  reproposal designated the rules as "major"
 rules under  Executive Order 12044 and announced that the
 appropriate  regulatory  and economic  analyses would be conducted
 and  published for comment.  The methodology for the economic
 impact  analysis  was published in the Federal Register on June 10,
 1980, and the regulatory  and  economic impact analyses were
 published for comment on  November 13, 1980.  A public meeting was
 held on  April 8,  1981,  the close of  the 120-day comment period.
 The  two  analyses  are  being revised to reflect the comments
 received.  In addition  to the October 1979 reproposal,  the Agency
published a  clarification of  the definition of the term
 "importer" in the Federal Register on September 23, 1980.  In
August  1980  the  Agency  proposed that processors of certain exempt
substances submit notices prior to processing for a nonexempt
purpose.  Until  final rules are promulgated, the new-chemical
review program will operate under the Interim Guidance  published
in the  Federal Register on May 15, 1979, and November 7, 1980.

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Under Section  5(h)(4)  EPA  may  exempt from any PMN requirements by
rule new chemical  substances for  which the manufacturing,
processing, distribution  in commerce,  use, or disposal will not
present an unreasonable risk of  injury to health or the
environment.   The  Agency  is working  on several exemptions to the
premanufacture notice  requirements  in  response to applications
filed by industry.   The first  application for an exemption under
Section 5(h)(4) of the Act was filed by Polaroid Corporation in
April 1980.  Additional petitions for  exemptions were filed by
the Chemical Manufacturers Association (CMA)  in May 1981, the
Synthetic Organic  Chemical Manufacturers Association (SOCMA) in
June 1981, the Dyes  Environmental and  Toxicology Organization
(DETO) in July 1981, and Ashland  Chemical Company in August
1981.  Late in 1981  EPA proposed  a  rule to exempt new chemicals
used in or for instant photographic  film articles from
premanufacture notice  requirements.   The proposal is in response
to the Polaroid petition.

New-chemical review  process:   Following the receipt of a notice
by the Agency, review  of the new  chemical substance is carried
out in three phases:   initial  review,  detailed review,  and an
action phase.  The initial review identifies  concerns that may be
raised for health  and  environmental  effects and environmental ,
release of the substance.  A substance that may pose an
unreasonable risk  and  that requires  further study is the focus of
a detailed review.   The Agency conducts a detailed review of all
information that  it  can reasonably obtain regarding the concerns
about the substance.   If sufficient  data are  not available on the
specific new chemical, information on  closely related existing
chemicals is used.   The detailed  review identifies data gaps and
recommends further testing that may  be appropriate.   For good
cause, TSCA authorizes in  Section 5(c)  an extension of the 90-day
review period  for  up to an additional  90 days,  to permit
completion of  the  detailed assessment.   In FY 81, the review
period was extended  for three  such cases.

When concerns  raised are substantiated by a detailed review or
when insufficient  information  is  available to make a reasoned
evaluation and there may be an unreasonable risk of injury to
health or the  environment  or there may be significant exposure,
the Agency can take  action to  control  the PMN substance.   EPA can
propose an order  under Section 5(e)  or 5(f);  however, other
alternatives are open  to the Agency.   As discussed earlier,  the
Agency may, for example, promulgate  a  significant New Use Rule
under Section  5(a)(2)  for  the  subject  new chemical for certain
"new" uses defined in  the  rule.   Or  EPA may issue a follow-up
reporting requirement  under Section  8(a)  to ensure notification
should a manufacturer  propose  to  produce the  chemical in excess
of a given production  volume or for  specified uses.   In many
cases the Agency and the submitter can work together to develop
voluntary controls for reducing exposure that would mitigate
Agency concerns.

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Section 5(e) and 5(f) orders;  A Section  5(e)  order  is  issued to
limit or to ban the manufacture/ processing, distcibution  in
commerce, use, or disposal of a new chemical substance  pending
development of additional information.  In  1981  work  was begun  on
two Section 5(e) orders; both PMN substances were  direct  type
blue fabric dye chemicals.  The PMNs  for  these two substances
were withdrawn by the submitters in anticipation of.the 5(e)
orders being served.

A Section 5(f) order is issued to prohibit  the manufacture,
processing, or distribution in commerce of  a new chemical
substance that has been shown to present  an unreasonable risk;
under Section 5(f) EPA may also issue a proposed rule,  effective
immediately, to limit the manufacture, processing, or
distribution in commerce of the substance.  No Agency action
under these authorities in Section 5(f) was required  in 1981.

Test market exemption applications (TMEAs);  In  an application
for a test marketing exemption the submitter must  show  that  there
will be no unreasonable risk-of injury to health or  the
environment caused by test marketing  the  substance.   Based on
information provided in the submitter's application,  the Agency
must either grant or deny the exemption within the 45-day  time
period prescribed by the Act.   In FY  1981 the Agency  received 40
TMEAs.
                              10

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Section 5 PMN Review Summary/ October  I,  1980  -  September  30,  1981





Description                                                  Total



Total valid PMNs submitted                                     581



PMNs for which a 5(c) extension was  issued                       3



PMNs withdrawn                                                   2



5(e) orders initiated                                            2



5(e) orders issued                                               0



Total valid TMEAs                                               40



TMEAs granted                                                   38



TMEAs denied                                                     2



TMEAs withdrawn                                                  0
                              11

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 TSCA Section  6:   REGULATION  OF  HAZARDOUS  CHEMICAL  SUBSTANCES
                  AND  MIXTURES
                                      /•

 Chemical  control;   Under  Section  6  of TSCA,  EPA has  the  authority
 to  prohibit or  limit  the  manufacture, processing,  distribution  in
 commerce,  use,  and/or disposal  of chemicals  that are  found  to
 pose an unreasonable  risk to human  health or the environment.   A
 number of  possible  control options  are  available,  ranging from
 total prohibition to  labeling.  In  1981 EPA  undertook activities
 intended  to lead  to control  actions against  polychlorinated
 biphenyls  (PCBs), 2,3,7,8-tetrachlorodibenzo-para-dioxin (TCDD),
 asbestos,  and chlorofluorocarbons (CFCs).

 Polychlorinated Biphenyls (PCBs)

 Final control action, PCBs;  In TSCA Congress  singled out PCBs
 for both  immediate  regulation and phased withdrawal  from the
 market; the only  exceptions  to  this occur if EPA grants
 authorizations  or exemptions for  specific activities.  PCBs are
 of  concern because  tests  on  laboratory  animals show  that PCBs
 cause, among  other  effects,  reproductive  failures, gastric
 disorders, skin lesions,  and tumors.  Moreover, PCBs  persist
 when released into  the  environment  and  tend  to accumulate in
 tissues of living organisms.  This  means  that, as  PCBs move
 up  in the  food  chain  toward  humans,  their concentration,  and
 thus their potential  for  harm,  increases.

 Control of PCBs was initiated in  February 1978, when  EPA
 issued final  PCB marking  and disposal rules.   Fifteen months
 later, the Agency promulgated a final rule banning the
 manufacture,  processing,  distribution,  and non-totally enclosed
 uses of PCBs.

 In  July 1979  the  Environmental  Defense  Fund  (EOF)  filed  a suit
 against EPA challenging aspects of  the Agency's final  PCB ban
 rule.  On  October 30, 1980,  the Court ruled  in favor  of  EOF on
 two  of the three major  issues in  the case and  remanded certain
 portions of the rule  to EPA  for further proceedings.

 In  FY 1981 EPA was  ordered by the Court to develop new regulations
 governing  the use of  PCBs  in electrical equipment  and  to formulate
 a plan for dealing  with PCBs in low concentrations.   EPA has
 issued Advance Notices of  Proposed  Rulemaking  (ANPRs) on three
 subjects:  (1) the  use of  PCBs  in electrical  equipment,  (2) the
exclusion  from regulation of PCBs manufactured under  circumstances
 that involve little or no  risk, and  (3), the  manufacture, processing,
distribution in commerce, and use of PCBs in  low concentrations.
The  Edison Electric Institute,  the  Chemical  Manufacturers
Association, and the  Dry  Color  Manufacturers Association are
                               12

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performing studies on PCBs.  These studies and the public
comments on the ANPRS will form the factual record EPA will  use
to accomplish its Court-ordered tasks.

On May 9, 1980, because of the serious potential consequences  to
public health from food accidentally contaminated with PCBs, the
EPA, the Department of Agriculture, and the Food and Drug
Administration* simultaneously proposed rules banning the use  of
PCB-containing equipment from food- and feed-processing plants
and storage facilities; federally inspected meat, poultry, and
egg product establishments; and agricultural chemical facilities
where pesticides and fertilizers are manufactured or stored.

EPA's proposal would have amended the final PCB regulation under
Section 6 by prohibiting the use of such items as PCB-containing
capacitors and transformers in all facilities manufacturing, pro-
cessing, or storing fertilizers or agricultural pesticides.  On
May 6, 1981, that proposed rule was placed in abeyance, pending
the outcome of new rulemaking that will be conducted to resolve
the EOF case.

TCDD

Final control action, TCDD;  TCDD (which refers to 2,3,7,8-
tetrachlorodibenzo-para-dioxin, one of several possible isomers
of polychlorinated dioxins) is a highly toxic chemical found as
an unintended contaminant in other substances, particularly  the
phenoxy herbicide 2,4,5-T (2,4,5-trichlorophenoxy acetic acid).
TCDD, familiar as dioxin, is a known carcinogen in laboratory
anLnals that also produces a wide range of other adverse health
effects (chloracne and organ dysfunction, for example).  Some
studies show a relationship between exposure to dioxin and the
occurrence of these latter effects in some human populations.

In May 1980 EPA promulgated a rule under Section 6(a)(6) of
TSCA prohibiting Vertac, Inc., from disposing of certain TCDD-
contaminated wastes produced before May 1980 at its Jacksonville,
Arkansas, facility.  Those wastes must remain stored at the
site.  The rule allows Vertac to dispose of wastes that were
produced after May 1980, which are less contaminated with TCDD,
in landfills approved for PCB disposal.  In September 1981 EPA's
Region VI office determined that a landfill in Calcasieu,
*
 These agencies, through a cooperative effort headed by the TSCA
 Industry Assistance Office, disseminated -about 20,000 hazard-
 alert pamphlets to food and feed establishments to promote swift
 precautionary measures.

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 Louisiana, did not meet PCB disposal  requirements,  thereby
 preventing vertac from disposing of  its  post-May  1980 wastes
 there.

 The  rule  also requires anyone who  intends  to dispose of  wastes
 resulting from the production of 2,4,5-trichlorophenol or from
 its  pesticide derivatives, to notify  EPA at least 60 days before
 disposal  so  that the Agency can determine  the adequacy of the
 proposed  disposal method.  These products  generally cover most
 substances contaminated with TCDD.   EPA  is considering whether
 to replace the storage and notification  provisions  of the rule
 with specific requirements for the long-term disposal of all
 TCDD-contaminated wastes and plans to publish an  ANPR late  in
 1981 to solicit information on currently used disposal methods.
 The  ANPR  will also solicit input from Vertac, Inc.,  that
 describes Vertac's preferred method  for  disposing of its pre-May
 1980 wastes.

 The  Agency also is evaluating the combustion emissions,  including
 TCDD? from several industries.  In FY 1981 results  of tests at
 two  waste combustion facilities revealed and quantified  TCDD in
 stack emissions from one of the plants.  Four coal-burning power
 plants also  were sampled.  Analytical results from  these are
 expected  early in 1982.

 Asbestos

 Proposed  control action, asbestos  in  schools;  Scientific
 evidence  points to asbestos fibers as a  cause of  lung damage and
 a rare mesothelioma type of lung cancer  in humans.  For many
 years asbestos was widely used to  insulate buildings, in
 industrial and commercial products, and  in other  materials.  The
 practice  of  spraying asbestos in buildings was virtually halted
 in 1973;  by  that time, however, many  schools and  other buildings
 had  already  been constructed with asbestos-containing materials.
 The  EPA program to reduce asbestos hazards in schools began in
 March 1979 with a nationwide voluntary technical  assistance
 program to help States and local school  districts identify
 friable (crumbling)  asbestos materials in  schools and to take
 corrective action where necessary.  Because thousands of schools
 did  not participate in this program, EPA proposed a rule in
 September 1980 that would require all public and  private primary
 and  secondary schools to identify this type of asbestos  and
 notify school employees and other appropriate people of  the
 results of such inspections.

Since 1979 and concurrently with rulemaking activities,  EPA has
sponsored an active technical assistance program  to States and
to local school districts.  A series of  asbestos documents has
                               14

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been published that provides guidance  to school districts
attempting to comply with the proposed  identification  and
notification rule.  The documents deal  with a variety  of issues,
including inspection, assessment, and  sampling and analysis of
asbestos-containing materials.   In addition, technical  assistance
is available through a toll-free telephone number.   Finally,  EPA
has sponsored an on-going quality assurance program  to  address
the problems associated with laboratory analysis of  asbestos-
containing materials.

Rulemaking proceeding, asbestos  use;   As part of a continuing
investigation of the hazards associated with exposure  to
asbestos, EPA will complete in late 1981 a contract  study  to
identify and evaluate substitutes for  asbestos.  Although  there
is no known material that can replace  every asbestos use,
substitutes are available for many specific uses.  EPA  plans  to
use this information to assess the magnitude of asbestos
exposure from commercial and industrial uses and, if necessary,
to design measures to reduce those exposures.  Action  under
TSCA is being coordinated with EPA actions under other  statutes
and with the actions of other Federal  agencies.

Chlorofluorocarbons  (CFCs)

Rulemaking proceeding, CFCs;  In response to concerns raised by
the findings of the  1979 National Academy of Sciences'  assessment
of the CFC/ozone depletion  issue, EPA  issued an Advance Notice of
Proposed Rulemaking  (ANPR)  in October  1980 to gather information
about  the validity of the ozone  depletion theory, the appropriate-
ness of restricting  the use of CFCs, and possible alternative
courses of action for the Agency.  The  Agency received more than
2,000  comments.  A preliminary analysis of those comments  led the
Agency to conclude that many of  the issues raised deserve  additional
study.

EPA has initiated further analysis of  the CFC issue.  Staff are
working closely with experts in  and out of government studying
the unresolved scientific questions and economic implications of
CFC emission reductions.  Scientists at other Federal agencies,
as well as in academia and  industry, are evaluating the potential
effects of CFCs, other halocarbons, carbon dioxide, and nitrogen
oxide on the stratosphere.  Laboratory  measurements, atmospheric
observations, and theoretic studies (modeling) are being used.
Current central estimates of various models indicate that  present
CFC-11 and CFC-12 emissions, if  continued, may result  in 5 to 10
percent ozone depletion; due to  uncertainties in stratospheric
chemistry and physics, however,  the estimate may be in  error by
a factor of 2 in either direction (from one half to double the
central estimates).  Contractors to EPA are performing  further
economic and technical analysis of various methods for  reducing
CFC emissions in nonaerosol applications.
                               15

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EPA contracted with  the National Academy of Sciences  (NAS)  for
an assessment of  the most  recent scientific information  regarding
stratospheric ozone  changes and the resultant  effects.   The
Agency anticipates receiving  the NAS report by March  1982.

EPA has been involved  in international cooperation on  the CFC  issue
in scientific research, monitoring efforts, and assessments, such
as the work of the United  Nations Environmental Program's
Coordinating Committee on  the Ozone Layer  (CCOL), the World
Meteorological Organization, various other international scientific
organizations, and several bilateral research  projects.  In
addition, the United States is a member of the 24-nation
Organization for  Economic  Cooperation and Development  (OECD),
which has been a  forum for exchanging information on science,
technology, economics, and regulatory aspects  of CFCs.   In view
of the global implications of the CFC issue, it is important that
the Agency continue  to work with other countries, and that EPA
consider domestic CFC efforts in the context of the work of the
international community.

In addition, EPA  staff are continuing to process requests for
exemptions to the 1978 rule, which banned nonessential aerosol
uses of CFCs.  Exemption requests are evaluated on the basis of
the availability  of  substitutes, the economic  significance of
the product, the  environmental and health impacts of the aerosol
product and its substitutes, and the effect on the quality of
life if the product or a reasonable substitute were unavailable.

In 1981 the Agency proposed to grant exemption requests for the
aerosol use of CFCs as a propellant for substances used to
lubricate pharmaceutical rotary press punches  and as the
propellant for spinerette-release agents used  in the production
of man-made fibers.  The Agency also granted a temporary exemption
for the use of CFCs  in automatic pesticide dispensing systems
for long-term storage of flue-cured tobacco, pending a review of
a request for a permanent exemption.  EPA denied two applications
for exemptions: for CFC used in spray adhesives and in fog
machines used in  theatrical productions.  Four exemption requests
are now under investigation by the Agency.
                               16

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TSCA SECTION 9(d):  .RELATIONSHIP OF TSCA TO OTHER FEDERAL LAWS


Coordination with other  chemical programs;   Section 9(d) of TSCA
requires coordination  and  consultation with other Federal
programs involved in  toxic chemical regulation to achieve maximum
effectiveness of TSCA  and  minimum duplication of effort and
purpose.

Toxic Substances Priorities Committee (TSPC);*  The TSPC is an
EPA-wide Committee  of  office directors charged with resolving
those toxic  substances problems that cannot be dealt with by a
single program  office.   The Committee is responsible for
promoting  consistency  and  minimizing duplication in Agency
activities,  ranging from identifying major  toxic substances
problems to  performing risk assessments and developing regu-
lations.   The TSPC  has focused  its attention on developing an
Agencywide risk assessment of toluene and an Agencywide strategy
for assessing and controlling,  where appropriate, six chlorinated
organic chemicals used as  metal degreasing  solvents.  The sol-
vents strategy  has  involved more than one major analysis,
including  overall exposures, health and ecological hazards, risk
assessments, chemical  substitutes, cost-effectiveness of past
controls,  regulatory  effectiveness, and potential control
options.   The  final solvents strategy will  be completed in FY
1982  and will  be evaluated as a model for future Agencywide
chemical/industry work groups.

Interagency  Regulatory Liaison  Group (IRLG);**  The IRLG, which
included EPA,the Consumer Product Safety Commission (CPSC),  the
Food  and Drug  Administration (FDA), the Occupational Safety and
Health  Administration (OSHA), and the Food  Safety Quality Service
 (FSQS)  of  the  Department of Agriculture, sought to integrate  and
coordinate information and activities on a  governmentwide basis,
in  order to  avoid duplication of effort and promote cost-effective
chemical control programs.  Among its activities in FY 81,  the
IRLG  established a  task  group on DEHP (diethylhexyl phthalate);
sponsored  with  the  National Toxicology Program a throe-day
symposium  on phthalates; and worked with the Departments of
Energy  and Housing  and Urban Development to develop a multimedia
risk  assessment of  formaldehyde.  EPA also  coordinated the
development  of  PCB  regulations  with the FDA and the FSQS.
*The  role  of  the  TSPC  is  being  re-examined  as part of an Agency-
wide  evaluation of  interprogram committees  and may,  therefore,
change  in  FY  1982.

**The four-year interagency  agreement  establishing the IRLG
expired on September 26,  1981.   The  Agency  is now represented at
the Regulatory Work Group on Science and  Technology chaired by
the White House Office of Science  and  Technology.
                              17

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Relationship of TSCA to  international  activities;   The EPA has
been a full and regular  partner  in extensive  international
consultations and negotiations in the  Chemicals  Program of the
24-nation Organization for Economic Cooperation  and Development
(OECD) during the development of the Agency's chemical testing
and other requirements under TSCA.  The Agency places  a high
priority on these activities because of benefits both  for
international chemical trade and for more  effective health and
environmental protection.

U.S. experts, along with those of other OECD  member states,  have
worked since 1977 to develop chemical  testing guidelines and good
laboratory practices, as well as a set of  data that should be
developed for new chemicals prior to marketing.

The OECD Council took formal action on parts  of  the Chemicals
Program work in May 1981, adopting a Decision on the Principle of
Mutual Acceptance of Data, which incorporates the  Test Guidelines
and Good Laboratory Practices.

EPA is also involved in  a number of other  cooperative
international forums aimed at exchanging knowledge  and building
mutual understanding on  chemical safety issues.   Among these are
the United Nations Environment Program's (UNEP)  International
Registry of Potentially  Toxic Chemicals (IRPTC),  the World Health
Organization's (WHO) International Program on Chemical Safety,
and the WHO Project on Assessment of Human Exposure to Pollutants
through Biological Monitoring.
                              18

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TSCA SECTION  16:   ENFORCEMENT


Under Section  16  of  TSCA,  EPA may levy either civil or criminal
penalties for  a violation  of several sections of the Act.
Specific enforcement strategies for implementing regulations have
been developed by the Agency.  These strategies identify and rank
possible violations  of a particular regulation, identify the
tools available for  compliance monitoring and how they will be
used, provide  a formula for determining application of inspection
resources, and establish policy for determining civil penalties
under the regulation.

Violations of  Section 6;  in FY 1981 all enforcement actions
under Section  16  involved  alleged violations of the Section 6 PCB
rules.   EPA  conducted 1,000 PCB compliance monitoring inspections
and  filed a  total of 115 civil complaints during the fiscal year;
66 cases were  completed, and $537,895 in civil penalties was
assessed.  Figures for each Region appear in the table.

The  largest  single penalty, $61,000, was assessed against
Consolidated  Edison  Company of Long Island City, New York.   In
March 1980,  3,400 gallons  of PCB-contaminated oil spilled from
the  facility  into the East River.  Other violations at the
facility  included improper storage and marking of large
quantities of  PCBs and failure to maintain complete records.

Criminal  cases must  be filed on EPA's behalf in Federal  court by
the  Department of Justice.  A major criminal action was  initiated
under Section 16(b)  of TSCA against Wes-Con, Inc.,  a waste
disposal  company  in  Boise, Idaho, for alleged improper disposal
of PCBs.  On  July 30, 1980, a grand jury indictment was  issued
against Wes-Con charging the company with emptying  PCB wastes
into its  own  landfill and  then concealing that activity  by
generating  false  and misleading disposal records.   Subsequently,
a  jury  found  the  company guilty of improper disposal of  PCBs, and
on January  16, 1981, the company was fined $3,500.

On May  22,  1981,  a Federal jury in North Carolina found  Robert E.
Ward, of  the  Ward Transformer Company, guilty of aiding  in  the
illegal dumping of thousands of gallons of transformer oil
contaminated  with PCB on roadsides in that State in the  summer of
1978.   In June the Court sentenced Ward to 2 1/2 years in  prison
and  levied a  fine of $200,000.   Another person involved  in  the
case was sentenced to 1 ^ years in prison and two others were
placed  on 5 years' probation.

Compliance with other TSCA requirements;  EPA has also taken
action  to enforce compliance with other TSCA requirements,
although so far there has  not been a need to invoke Section 16.
The Agency conducted 46 inspections to monitor compliance with
the  interagency ban  on nonessential aerosol uses of CFCs and two
inspections to determine compliance with import requirements
under Section  13.  Also in FY 1981 the Agency inspected  five
                              19

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firms that had failed to meet the deadline  for  reporting
identities of existing chemicals as required  under  Section 8(b)
of TSCA.  The inspections were held to ensure  that  the  substances
reported late to the Agency were not  in  fact  new  chemicals
subject to the PMN requirements of Section  5.   There  were 10
inspections and compliance monitoring reviews of  facilities
subject to Section 5 requirements.

During FY 1981 strategies were developed  for  the  enforcement of
Section 8 PPB/TRIS and Section 6 dioxin  rules,  as well  as for the
PCB interim measures program.  Preliminary  enforcement  response
policies were developed for CFCs and dioxin.
                             20

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Administrative Civil  Actions  Taken  Under  Section  16 of TSCA Complaints  Issued,  Cases  Completed,
and Amounts Assessed  (by Region)t



Region
I
II
III
IV
V
VI
VII
VIII
IX
X
Total No.
complaints
issued
FY 79-81
6
51
11
9
41
40
16
14
11
6
No . com-
plaints
issued in
FY 1981
1
36
3
7
23
15
10
8
6
6
Headquarters 1
TOTAL
206
115
Total
No. cases
completed
FY 79-81
6
27
8
3
13
27
8
10
6
0
0
108

No. cases
completed*
in FY 1981
3
20
3
2
9
14
8
5
2
-
—
66

Total No.
of cases
pending
0
26
3
6
28
12
8
4
5
6
1
99
Total civil
penalty amount
assessed (in $)
in FY 81
20,500
265,350
30,200
19,775
71,320
62,600
26,150
34,000
8,000
-
—
$537,895
Total civil
penalty amount
assessed (in $)
FY 79-81
30,100
340,750
45,700
23,525
102,820
104,960
26,150
83,500
26,300
-
—
$783,805
tAll actions  taken  involved  alleged  violations  of  Section  6,  PCB  rules.
*Includes carry-over  from  FY 1979  and  1980.

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During FY 1981 the EPA participated  in  interagency programs with
the General Services Administration  and  the  Department of Energy
to gain compliance with the PCB rule  by  Federal  facilities.  Led
by pPA the Jnteragency Regulatory Liaison  Group  (IRLG)
implemented, a, j?$ferral inspection program  to improve  interagency
referral of poafible violations and  to coordinate  better the
Federal response to emergency  incidents  that threaten public
health or the environment.  In addition, the Agency worked with
the Organization for Economic  Cooperation  and Development (OECD)
to foster the international implementation of compliance
monitoring programs and assure international adherence to good
laboratory practices standards.

Other TSCA enforcement activities in  FY  1981 included entering
into contraajbg for inspection  support, sample analysis,  policy
and strategy "research, and training manuals  and  materials.
Finally, EPA offered pilot cooperative enforcement agreements  to
five states for the support of TSCA enforcement  activities.
                              22

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TSCA SECTION 26(a):  INDUSTRY  ASSISTANCE  OFFICE
The Industry Assistance Office  (IAO);   Section  26(a)  of TSCA
requires the availability of a  source  of  technical  and  other
nonfinancial assistance to  the  regulated  community.   The Industry
Assistance Office  (IAO) is  the  contact point  for  communication
between that community and  the  Office  of  Toxic  Substances.   To
assist the chemical  industry's  understanding  of the Act's
implementation requirements, IAO  provides both  an  information
telephone service  and the bimonthly  TSCA  Chemicals-in-Progress
Bulletin.  In addition, IAO is  directing  a pilot  field
consultancy program  that is now operating in  Chicago  and parts of
New Jersey to assist small  businesses  with their premanufacture
notices.  This program will be  evaluated  for  possible expansion
to other areas of  the country.
                              23

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 TSCA SECTION 28(c):   STATE PROGRAMS


 State programs;  Section 28(c)  of TSCA authorizes EPA to award
 grants to States for programs to prevent or eliminate problems
 created  by toxic substances that EPA is unable or unlikely to act
 on  under TSCA.   On August 28, 1978, EPA announced in the Federal
 Register the availability of $3 million for this Federal
 assistance program and provided guidance to prospective
 applicants.   The announcement also described a two-cycle award
 process; approximately half the funds were to be distributed each
 time.

 Nine states  (Arkansas, California, Illinois, Iowa, Maryland,
 Michigan,  New Jersey,  New York, and Wisconsin) applied for funds
 in  the first cycle.   In April 1979 cooperative agreements (grants
 requiring substantial  Federal involvement) were made with
 Maryland,  Michigan,  New Jersey, New York,  and Wisconsin.  Ten
 State applications were received in the second cycle (Colorado,
 Connecticut, Delaware, Louisiana, Michigan, Minnesota, North
 Carolina,  Oklahoma,  Puerto Rico,* and Illinois).  Including seven
 applications held over from the first cycle, a total of 16 State
 applications were considered by EPA.   In February 1980 coopera-
 tive agreements were made with  three  states (New Jersey, North
 Carolina,  and Puerto Rico).

 On  February  11, 1980,  EPA announced in the Federal Register the
 availability of an additional $1.25 million for a third and final
 cycle in the program.   Eleven States  (Illinois—which submitted
 two proposals—Louisiana, Maryland, Michigan,  Minnesota, New
 Jersey,  New  York,  Ohio, Puerto  Rico,  and Tennessee)  applied for
 funds.

 In  March 1981 cooperative agreements  were  made with  four States
 (Illinois, Maryland,  Michigan,  and Ohio).   Ohio decided not to
 proceed  with its project and returned its  TSCA funds.

 The funds  Congress appropriated for this program have been
 awarded.   No State-cooperative-agreement projects have yet been
 completed.
*As defined by TSCA,  "State"  includes  any U.S.  territory or
possession.
                              24

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                 State
Cooperative Agreements Program,
 Project Grants Awarded     ~~~
                                                          Amount (in $)
Cycle I
  (April 1979)

MARYLAND
 Department of
 Health and Mental
 Hygiene

MICHIGAN
 Department of
 Natural Resources

NEW JERSEY
 Department of
 Environmental
 Protection
NEW YORK
 Department  of
 Conservation

WISCONSIN
 Department  of
 Health and  Social
 Sciences

Cycle  2
   (February  1980)

NEW JERSEY
 Department  of
 Environmental
 Protection
NORTH CAROLINA
 Office of the
 Governor
  Toxic substances registry
  Critical materials program
  Toxic substances investigation
  and integration unit; expand a
  current project monitoring
  volatile organic compounds in
  air

  Program to identify,
  characterize, and plan for
  managing toxic substances

  Study health problems related
  to formaldehyde vapors from
  mobile home construction
  materials
  Study the movement, distri-
  bution, and uptake of in-place
  mercury; monitor emissions of
  selected toxic substances;
  assess the ecological effects
  of water contaminants;
  establish and operate a Toxic
  Substances Information
  Resource Center; conduct a
  field application study of in-
  vitro mutagenesis tests

  Program to identify, assess,
  and plan to control toxic sub-
  stances by profiling sub-
  stances, identifying sources
  and level and duration of
  exposure, and developing a
  plan to control substances
  posing unreasonable risk
                                     230,935
504,500
453,947
348,000
202,947
                                     794,053
385,000
                              25

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PUERTO RICO              Develop and manage the              258,394
 Environmental           Commonwealth's toxic
 Quality Board           substances management
                         strategy; expand an existing
                         public participation/awareness
                         program

Cycle 3
  (March 1981)
                                                             475,626
ILLINOIS                 Develop an integrated
 Department of           voluntary system for detecting
 Public Health           morbidity and mortality
                         resulting from exposure to
                         toxic substances

MARYLAND                 Develop a program to assure         100,000
 Department of           the safe and effective
 Health and Mental       containment of toxic
 Hygiene                 substances in storage tanks

MICHIGAN                 Develop an interdepartmental        532,258
 Department of           risk assessment process
 Natural Resources
                              26

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LITIGATION
Environmental  Defense  Fund,  Inc.  v.  Environmental Protection
Agency  (No. 79-1580, D.C.  Cir.).In 1979 the Environmental
Defense Fund  (EOF)  petitioned  for review of EPA's regulations
under TSCA Sections 6(e)(2)  and  (3)  governing the manufacture,
processing, distribution,  and  use of polychlorinated biphenyls
(PCBs).  The  petition  challenged  three elements of the
regulation:   EPA's  determination  that certain commercial uses of
PCBs are "totally enclosed"  and  therefore exempt from regulation
under TSCA; the  limitation of  applicability of the regulation to
materials containing PCBs  in concentrations greater than 50 parts
per million (ppm);  and EPA's decision to permit 11 non-totally
enclosed uses  of PCBs.   On October 30, 1980, the Court found that
there was no  substantial evidence in the record to support the
first two elements  and remanded  them to EPA for further
proceedings.   The third element was  upheld.

The effect of  this  decision  would have made continued use of
PCB-containing transformers, capacitors, and electromagnets and
the continued  manufacture, processing, and use of PCBs below 50
ppm violations of Section  6(e) of TSCA.   PCBs are widely used in
electrical equipment and are incidentally generated in a variety
of industrial  processes.  Because of the substantial difficulties
this decision  would have caused  for  industry, the EPA, EDF, and
industry intervenors petitioned the  Court to stay its mandate to
permit  EPA to  conduct  a new  rulemaking.   The Court issued orders
on February 12,  and April  13,  1981,  that stayed issuance of the
mandate; adopted a  plan and  established a schedule for EPA to
conduct new rulemaking;  required  persons continuing to use
electrical equipment with  PCBs in certain concentrations to
adhere  to the  terms of an  interim inspection and reporting
program; and  required  Edison Electric Institute (EEI), an
intervenor, to conduct a study on the use of PCBs in electrical
equipment and  to submit the  study to EPA to aid in developing the
new rules.  The  orders established the following schedules for
new rulemaking:  by July 1982  EPA must promulgate a final rule on
the use of PCBs  in  electrical  equipment; by October 1982 EPA must
promulgate a  final  rule with respect to excluding "controlled
wastes" and "closed manufacturing processes" from the statutory
bans; and by  March  1982 EPA  must  advise the Court of plans for
further action with respect  to the regulation of other PCBs in
low concentrations.
                                           i
EDF has petitioned  the Court under Section 19(d) of TSCA for an
award of attorneys'  fees.  EDF's  request of $156,600 was computed
by (1) multiplying  by  the  prevailing market rate for attorney's
fees the time  spent by EDF attorneys in preparing the case and
participating  in negotiations  in  petitioning the Court to stay
its mandate, and (2) multiplying  the result of the foregoing
computation by an adjustment based on the difficulties in
prosecuting the  litigation and the quality of representation.
EPA has opposed  the award  for  lack of adequate supporting
                              •7*7

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documentation or, alternatively/ argues  that  the  award  be
substantially reduced from that requested  by  EOF.

Aluminum Company of America v. Du Bois  (No. C80-1178V;  W.D.
Wash.).  Plaintiffs sued EPA, the EPA Administrator,  and  the
Regional Administrator for Region X  for  a  declaratory judgment
that Section ll(a) of TSCA does not  authorize  EPA to  designate
EPA contractors as EPA representatives  for purposes of  performing
statutory inspections and for an injunction to prevent  such
inspections.  EPA filed a motion to  dismiss the complaint for
lack of jurisdiction and because Section 11 clearly authorizes
EPA to designate contractors as representatives for purposes of
inspections.

The Court found that EPA is authorized  to  use  non-Agency
employees as contractors to conduct  investigations under  Section
11 of TSCA.  ALCOA is appealing the  decision  before the Ninth
Circuit.

There is nothing further to report on the  following cases, which
were noted in last year's report:

     Olin Corporation v. EPA (No. 79-1437, 4th Cir. )

     General Electric Company v. EPA (No.  79-1816, D.C. Cir.)

     Aluminum Company of America v.  EPA  (No.  79-1811, D.C. Cir.)

     Warren County v. State of North Carolina, et al.
     (No. 79-560-CIV-5, E.D.N.C.)

     T. Mitchell Langdon et al. v. James B. Hunt  et al.
     (No. 86-487-CIV-5, E.D.N.C.)

     Dow Chemical Company v.  Douglas Costle (Civ. Action  No.
     79-581, D.  Del.)
                              28

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OTHER TSCA ACTIVITIES
TSCA Section  12(b);   Section 12(b)  requires persons exporting or
intending to  export  a chemical substance or mixture that has been
subject to certain actions  under sections 4, 5, 6, and 7 of TSCA
to notify EPA.   The  Agency  in turn  must notify the importing
country of the  export and  EPA's regulatory action.  On December
16, 1980, the Agency promulgated the final Section 12(b) rule to
govern submission  of these  notices  to EPA.  On July 21, 1981, EPA
published a notice clarifying which exports of asbestos are
subject to the  notification requirements.  The requirements of
Section 12(b) currently apply to CFCs,  PCBs, N-methanesulfonyl-p-
toluene-sulfonamide,  asbestos, and  TCDD.
TSCA Section  13;   Section  13  requires the Secretary of the
Treasury  to refuse entry of  any chemical substance, mixture,  or
article into  the  United  States if it violates TS_CA or a rule
under TSCA.   EPA  is consulting with the United States Customs
Service on the  development of a rule to implement Section 13.
The Customs Service proposed  a rule in late 1980.  EPA
simultaneously  proposed  a  policy statement regarding imports
under TSCA.
MAJOR  PROBLEMS
Recent  reviews  of  the  Environmental  Protection Agency's
administrative  procedures  suggest that the implementation of the
Toxic Substances Control  Act may be  adversely affecting
technological  innovation  in  the  chemical industry.   Such an
impact  may  be  particularly likely to occur under Section 5,
premanufacture  review  notification for new chemicals,  and under
Section 4,  testing  of  chemicals.   The new Administration will be
taking  a hard  look  at  the  administrative procedures to see if,  in
fact, hinderances  to  innovation  do exist.  If a positive
determination  is made,  the Administration will be analyzing new
ways to protect health  and the environment while enhancing
chemical development and  research.   For example, in response to
the Vice President's Task  Force  on Regulatory Reform,  the Agency
is seeking  to  identify  new chemicals that do not present an
unreasonable risk,  so  that they* can  be e.xempted from all or part
of the  PMN  requirements.
RECOMMENDATIONS  FOR  ADDITIONAL  LEGISLATION

No recommendations for  additional  legislation are determined to
be necessary  in  FY 1982 to  implement  TSCA.
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