United States EPA 745-R-96-003 Environmental Protection August 1996 Agency Prevention, Pesticides, And Toxic Substances (7408) 4>EPA Toxic Substances Control Act (TSCA) Report To Congress For Fiscal Year 1994 Recycled/Recyclabto Printed with Soy/Canda Ink on paper that contains at toast 50% recycled fiber ------- Toxic Substances Control Act (TSCA) Report to Congress for Fiscal Year 1994 Repository Material Permanent Collection ------- CONTENTS INTRODUCTION 1 TSCA FY94 HIGHLIGHTS Section Testing of Chemical Substances and 4 Mixtures 1 Section New Chemical Manufacturing and 5 Processing Notices 2 Section Regulation of Unreasonable 6 Chemical Risks 2 Section Industry Reporting 4 8 Section Coordination of TSCA Authority with Other 9 Federal Agency Authority 5 Section Centralized Data System 7 10 Section Chemical Export Notices 7 12(b) Section 21 Citizens' Petitions 8 Efforts to Inform the Public of TSCA Data 9 Enforcement Actions 10 ------- Enforcement Activities . 10 Defensive Litigation 11 District Court Litigation 12 APPENDIX A Section 21 Citizens' Petitions A-1 APPENDIX B Enforcement Accomplishments B-1 APPENDIX C Defensive Judicial Actions C-1 HI ------- INTRODUCTION Following is a Report to Congress on Toxic Substances Control Act (TSCA) implementation in fiscal year (FY) 1994, as required under TSCA sections 9(d) and 30. TSCA FY94 HIGHLIGHTS Section Testing of chemical substances and 4 mixtures Under a condition of potential unreasonable risk or high production volume and exposure, the U.S. Environmental Protection Agency (EPA) has authority to require chemical manufacturers and processors to test their substances and mixtures for health and environmental effects using Agency- approved testing methodologies. * - tests required: approximately 400 - industry costs for testing: approximately $6 million - results received: approximately 400 ** includes all tests conducted voluntarily under the Organization for Economic Cooperation and Development's High Production Volume-Screening Information Data Set (HPV-SIDS) program, which enables countries to cooperatively test and assess the priority for action on international HPV chemicals ** includes U.S. chemical industry's 25% share of the overall testing costs for HPV-SIDS chemicals ------- Section New chemical manufacturing and 5 processing notices Manufacturers or importers must notify EPA 90 days prior to manufacturing or importing new chemicals. Premanufacture notices (PMNs) and preimport notices - notices received: 2,645 - subset subject to section 4 tests: 0 Chemicals subject to final significant new use rules (SNURs) - new chemicals controlled: 33 - existing chemicals controlled: 21 Section 5(e) consent orders pending development' of information on new chemicals - consent orders issued: 35 Section 5(e) consent order test results for new chemicals - results received: 50 Section 5(g) decisions not to take action on chemicals subject to notification or data requirements - decisions made: 0 Section Regulation of unreasonable chemical 6 risks EPA has authority to prohibit or restrict the manufacture, processing, distribution in commerce, use, and disposal of chemicals that present or will present unreasonable risk of injury to health or the environment. ------- - rules and notices issued: (11/93) Notice of the effect of a court ruling that continues manufacture, importation, processing, and distribution in commerce prohibitions for certain asbestos- containing products (58 FR 58964) (11/93) Final rule to amend the criteria for granting approval to commercially store polychlorinated biphenyl (PCB) waste (58 FR 59372) (11/93) Proposed rule to amend the requirements for reclassifying transformers from PCB or PCB- Contaminated status to lower regulatory status as a PCB-Contaminated or a non-PCB Transformer (58 FR 60970) (11/93) Proposed rule to limit the scope of the prohibition on the use of hexavalent chromium chemicals for water treatment in comfort cooling towers and the distribution of such chemicals in commerce for use in comfort cooling towers (58 FR 63148) (3/94) Proposed rule to prohibit manufacturing, processing, and distribution in commerce of certain small fishing sinkers containing lead and zinc, and mixed with other substances, including those made of brass (59 FR 11122) (4/94) Proposed rule to withdraw the proposal to exempt Omega Phase Transformations, Inc., from processing prohibitions in the Asbestos Ban and Phaseout Rule and to not initiate rulemaking in response to a similar petition from Vitrifix, Inc., because the Rule does not prohibit the petitioners' processes (59 FR 17301) (4/94) Final rule to deny two petitions and to grant three petitions, the sixth petition was withdrawn, for exemptions from the prohibition on manufacturing, ------- processing, and distribution in commerce of RGBs; to grant one authorization to use certain PCBs; and to require certain petitioners to reapply for EPA approval to continue PCB activities that EPA previously approved (59 FR 16991) (8/94) Final rule to limit the scope of the prohibition on the use of hexavalent chromium chemicals for water treatment in comfort cooling towers and the distribution of such chemicals in commerce for use in comfort cooling towers (59 FR 42769) Section Industry reporting 8 Section 8(a) directs chemical manufacturers and processors to maintain records and/or submit to EPA reports of the following information, as the Agency may reasonably require: (1) Chemical identity. (2) Categories of use. (3) Quantity manufactured or processed. (4) Byproduct description. (5) Health and environmental effects. (6) Number of individuals exposed and duration of exposure. (7) Disposal method. - reports received: 221 Section 8(c) directs chemical manufacturers, processors, and distributors to maintain, permit the inspection of, and submit to EPA records of significant adverse reactions to health or the environment, as determined by the Agency. - records received: 2 ------- Section 8(d) requires chemical manufacturers, processors, and distributors to submit to EPA lists of health and safety studies and copies of studies, as determined by the Agency. - studies received: 1,923 Section 8(e) directs chemical manufacturers, processors, and distributors to notify EPA of substantial risks of injury to health or the environment. - notices received: 373 In 1990, EPA instituted a section 8(e) Compliance Audit Program. The Program, the result of an enforcement activity, provided companies the opportunity to submit health and safety studies that had not been previously submitted. The Agency received the vast majority of these filings during FY92. EPA acquired approximately 12,000 studies and has been screening the submissions to.identify cases for detailed review. Submitted data are shared with groups including the public, EPA programs, other agencies, and the States as screening progresses. Section Coordination of TSCA authority with 9 other Federal agency authority EPA can refer cases of chemical risk to other Federal agencies with authority to prevent or reduce risk. The Agency has not taken any formal section 9 actions during this time but is working cooperatively with other Federal agencies to address a number of chemical issues. EPA, along with the Occupational Safety and Health Administration (OSHA), National Institute for Occupational Safety and Health (NIOSH), and Mine Safety and Health Administration, has been a member of the OSHA/NIOSH/EPA (ONE) Committee. The Committee facilitates cooperation, coordination, and exchange of information on occupational issues and early identification of risk reduction opportunities. ------- EPA, along with the Consumer Product Safety Commission, established a similar forum to address consumer issues. Informal interagencv coordination efforts Hydrazine was referred to OSHA. The chemical, which is used as a chemical intermediate, for water treatment, and as a rocket fuel, poses cancer and other toxic concerns for workers. Methyl tert-butyl ether (MTBE) was referred to OSHA. MTBE is a fuel additive with potential for widespread human exposure and hazard. An interagency workgroup was established to coordinate efforts on machining fluids, which are used to cut or drill metals. EPA and OSHA are responding to petitions to respectively test and regulate these mixtures, and NIOSH is performing a hazard review. EPA will consider OSHA and NIOSH risk reduction needs as the main criteria for selection of testing candidates. EPA and OSHA coordinated to ensure that asbestos regulations were harmonized prior to OSHA's publication of their Asbestos Remand Rule. The ONE agencies discussed options for creating more of a framework for improving cooperation on occupational chemical issues. The agencies considered more up-front integration of needs, identification of common priority areas, increased "customer" awareness, and examples of cooperative projects that could be undertaken. Section Centralized data system 10 EPA makes accessible to all Federal agencies and the public a data system for information submitted under TSCA on the health ------- and ecological effects of certain toxic chemicals. The Agency indexes the nonconfidential, toxicologic, and other scientific data received under sections 4 and 8, as well as voluntary submissions from U.S. industry. EPA maintains the Toxic Substances Control Act Test Submissions (TSCATS) database to store and retrieve these data. The full-text submissions are archived on microfiche and are available from the National Technical Information Service and Chemical Information System, Baltimore, Maryland. - TSCATS database totals: 80,030 studies from 22,650 submissions on 6,537 unique chemicals Section Chemical export notices 12(b) Domestic exporters must notify EPA annually of their export or intended export of a chemical regulated under section 4, 5, 6, or 7. The Agency informs the importing country's government of the export and of EPA's regulatory action or the availability of information. 1994* - notices received and processed 21,287 - companies submitting notices 208 - letters to foreign governments 2,220 calendar year Section Citizens' Petitions 21 Anyone may petition EPA to initiate a proceeding for issuing, amending, or repealing a section 4, 6, or 8 rule or section 5(c) or 6(b)(2) order. (Disposition of each of the following Citizens' Petitions appears in Appendix A.) ------- (12/93) Imperial County, California, petitioned EPA to issue a test rule under TSCA section 4 to require monitoring of the New River for chemical pollutants and subsequent health and environmental effects testing of the identified chemicals, in addition to other requested actions. (12/93) International Union, United Automobile, Aerospace and Agricultural Implement Workers of America-UAW petitioned EPA to issue test rules under TSCA section 4 to determine whether machining fluids pose an unreasonable risk of injury to health or the environment. (2/94 Environmental Health Coalition, Comite Ciudadano 6/94) and Pro Restauracion del Canon del Padre y Servicios Comunitarios, and Southwest Network for Environmental and Economic Justice submitted to EPA petitions to reiterate the Imperial County petition regarding the New River, raise environmental justice concerns, and bring to the Agency's attention possible enforcement issues. (5/94) Environmental Protection Services, Inc. petitionedEPA to amend the definition of generator under 40 CFR 761.3 to include persons who ship more than five transformers to rebuilding/decommissioning facilities for repair, unless they certify that the transformers are shipped for repair and are not PCB waste. (7/94) Valley Watch, Inc. petitioned EPA to issue an order under TSCA section 5(e) to prohibit the manufacture, processing, distribution in commerce, use, and disposal of 1,2,4-trichlorobenzene as a transformer retrofill fluid. 8 ------- Efforts to inform the public of TSCA data EPA has been promoting public access to nonconfidential TSCA data on chemicals to further public participation in chemical management and public understanding of substances. - The Agency has developed products for commercial inventory companies, on-line systems, States, and other interested parties summarizing chemical inventory and health and safety data collected under sections 4, 5, and 8. - EPA has initiated a Confidential Business Information (CBI) Reform Program to review and challenge CBI claims, educate industry to limit inappropriate claims, encourage voluntary efforts to declassify claims, and review and amend regulations to ensure compliance with TSCA disclosure provisions. Enforcement actions - pending or completed judicial actions: 0 - pending or completed civil administrative actions taken under section 16: 304 - penalties assessed through civil enforcement: $19.4 million Enforcement activities (Details of these TSCA Title I activities appear in Appendix B.) ------- - Boston City Hospital - New Waterbury Century Brass & Metal - Town of Wallingford, CT - In the Matter of Sharp Electronics Corporation - Columbia Gas Transmission Corporation - Cressona Aluminum Company - Tennessee Gas Pipeline - Other PCB Cases - USS Cabot/Dedalo Museum Foundation - Port of New Orleans - Imperial Holly Corporation - Sunshine Mining Company - U.S. Army Presidio - Alaska Pulp Corporation - Dexter Corporation - Elf Atochem North America, Inc. - Hydrolabs, Inc. - MARMAB, Inc. - United Chemi-Con Manufacturing, Inc. - Inventory Update Rule - New River TSCA Subpoenas - Rulemaking, Interpretive Guidance, and Voluntary Program Activities Defensive litigation (Details of these TSCA Title I actions appear in Appendix C.) - Caterpillar, Inc. v. EPA (section 6 ban on asbestos) - Corrosion Proof Fittings v. EPA (section 6 ban on asbestos) - Chemical Manufacturers Association et al. v. EPA (Multisubstance Rule for the Testing of Neurotoxicity) 10 ------- - American Petroleum Institute v. EPA (Office of Water Chemicals Test Rule on 1,3,5-Trimethylbenzene) - Dow Chemical Company and PPG Industries v. EPA (Office of Water Chemicals Test Rule on Chloroethane) - Chrome Coalition v. EPA (section 6 prohibition and section 12(b) export notification on hexavalent chromium-based water treatment chemicals) - Chemical Manufacturers Association et al. v. EPA (PCB Notification and Manifesting Rule) - Chemical Manufacturers Association v. EPA (Comprehensive Assessment Information Rule) - General Electric Co. v. EPA (PCB use and disposal regulations) District court litigation (Details of these TSCA Title I actions appear in Appendix C.) - Environmental Defense Fund v. Browner (section 21 petition on lead fishing sinkers) - Service Employees International Union v. Reilly (section 21 petition on asbestos) - USS Cabot/Dedalo Museum Foundation v. EPA (PCB use and disposal regulations) 11 ------- APPENDIX A SECTION 21 CITIZENS' PETITIONS 1. Date filed: 12/16/93 Who filed: Imperial County, California What action requested: issue a test rule under TSCA section 4 to require monitoring of the New River for chemical pollutants and subsequent health and environmental effects testing of the identified chemicals, in addition to other requested actions EPA's disposition: denied Date of disposition: 3/23/94; 59 FR 13721 2. Date filed: 12/22/93 Who filed: International Union, United Automobile, Aerospace and Agricultural Implement Workers of America-UAW What action requested: issue test rules under TSCA section 4 to A-1 ------- EPA's disposition: Date of disposition: determine whether machining fluids pose an unreasonable risk of injury to health or the environment denied 4/19/94; 59 FR 18535 3. Date filed: 2/23/94 and 6/23/94 Who filed: Environmental Health Coalition, Comite Ciudadano Pro Restauracion del Canon del Padre y Servicios Comunitarios, Southwest Network for Environmental and Economic Justice What action requested: EPA's disposition: petitions reiterated the Imperial County petition regarding the New River, raised environmental justice concerns, and brought to EPA's attention possible enforcement issues no action taken; petitioners withdrew petitions; however, because the three petitions raised concerns, EPA issued administrative subpoenas under TSCA section 11 in September 1994 to gather information A-2 ------- Date of disposition: about possible chemical discharges to the river withdrawn 5/24/94 and 9/21/94 4. Date filed: 5/27/94 Who filed: Environmental Protection Services, Inc. What action requested: EPA's disposition: Date of disposition: amend the definition of generator under 40 CFR 761.3 to include persons who ship more than five transformers to rebuilding/ decommissioning facilities for repair, unless they certify that the transformers are shipped for repair and are not PCB waste denied 8/24/94; 59 FR 43582 5. Date filed: 7/4/94 Who filed: Valley Watch, Inc. What action requested: issue an order under TSCA 'section 5(e) to prohibit the manufacture, processing, distribution in A-3 ------- commerce,use, and disposal of 1,2,4- trichlorobenzene as a transformer retrofill fluid EPA's disposition: denied Date of disposition: 10/14/94; 59 FR 52156 A-4 ------- APPENDIX B ENFORCEMENT ACCOMPLISHMENTS TSCA enforcement responds to violations of regulations for both new (premanufacture notification) and existing chemicals. TSCA enforcement embraces the basic tenets of pollution prevention and data quality. In FY94, EPA launched a successful Inventory Update Rule (IUR) initiative in an effort to target violators and highlight the importance of compliance with the IUR. The IUR seeks information to update EPA's TSCA Chemical Substance Inventory, EPA's "baseline" of information on toxic substances. EPA Headquarters and regional offices filed Complaints in June 1994 seeking approximately $2.9 million in penalties against 39 U.S. chemical manufacturers and importers for failure to report specific chemical production and site information in a timely and accurate manner, in accordance with the IUR. Overall, approximately 304 administrative actions were taken by the toxics enforcement program, with proposed penalties totalling nearly $20 million. Through these initiatives and enforcement actions, the Agency stressed several themes including- (1) EPA's commitment to vigorous enforcement in order to deter violations of significant requirements relating to toxic chemicals; (2) the pollution prevention aspect of TSCA §5, where the Agency conducts premarket screening of chemicals to prevent environmental and health risks by banning or controlling high risk chemicals; and (3) the importance of reporting and recordkeeping requirements under §8, which provides EPA with information on which to base regulatory decisions and to track patterns of adverse reactions to chemicals. Many of the cases settled during FY94 are notable for their inclusion of Supplemental Environmental Projects (SEPs) incorporating, among other types, pollution prevention and pollution reduction SEPs. B-1 ------- Region I Boston City Hospital Numerous, potentially health-threatening PCB violations at Boston City Hospital, located in an inner-city minority neighborhood, formed the basis for EPA's administrative case. ••ad counsel negotiated a settlement including a cash penalty f $117,300 and an agreement to remove dangerous underground storage tanks. New Waterbury Century Brass & Metal Continuing PCB violations prompted EPA to file a judicial action seeking an injunction, along with two administrative enforcement actions. Lead counsel negotiated a settlement that includes an agreement to remove 9 tons of PCBs from an industrial site, making possible the redevelopment of this economically- depressed area. Town of Wallingford. CT Wallingford will test all town-owned transformers for PCBs and, at a cost of over $1 million over the next three years, will remove all that were previously improperly disposed and pay a cash penalty of $40,050, pursuant to this TSCA settlement negotiated by Tom Olivier. Region II In the Matter of Sharp Electronics Corporation Under the terms of a December 1993 TSCA settlement with Region II, Sharp Electronics Corporation will pay a $685,000 penalty, will implement a TSCA training program for its company and the electronics trade, and will upgrade its internal compliance program. The company will produce a compliance manual and a video presentation on TSCA and Sharp's compliance programs and undertake an internal TSCA audit of B-2 ------- its last five years of operation. EPA's Complaint had cited the corporation for importing chemicals not on the TSCA Inventory without prior notification to EPA of its intent to import and for inaccurately certifying to U.S. Customs officials that it was importing the chemicals in compliance with TSCA. Region III Columbia Gas Transmission Corporation Unlawful use and disposal of PCBs along 19,000 miles of natural gas pipeline in 10 States formed the basis of 2 administrative actions filed on September 23, 1994. EPA sought penalties and cleanup of PCBs and other environmental contamination along the Columbia Gas system. Region III negotiated an Administrative Order on Consent under §106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and a TSCA Consent Order assessing civil penalties of $4,916,472 for PCB violations. Cressona Aluminum Company The U.S. settled a judicial case against the Cressona Aluminum Company addressing the improper use, storage, and disposal of PCBs at the company's facility in Cressona, Pennsylvania. Cressona manufactures various extruded aluminum parts at its 115-acre facility on the bank of the west branch of the Schuylkill River and high concentrations of PCBs were previously used in the company's hydraulic equipment. EPA's investigation revealed PCB contamination in the hydraulic systems, wastewater treatment systems (equipment and sludge), plant flooring and equipment, and soils. Low-level PCBs were also discovered in the plant effluent to the Schuylkill River. EPA's Complaint sought injunctive relief under TSCA §§6 and 7 to address PCBs that presented an imminent hazard. The settlement requires Cressona to clean up the PCB contamination at the facility. The company will decontaminate all plant B-3 ------- equipment, including the hydraulic and wastewater treatment systems, and, where necessary, remove concrete floors up to 1.5 inches in depth. Plant outfalls will undergo a Toxics Reduction Evaluation to eliminate PCB discharge into the Schuylkill River. All PCB-contaminated debris will be disposed of in a proper manner. During FY94, clean-up actions included- (1) cleanup of contaminated lagoons and removal of all PCB-contaminated soil and debris from the facility; (2) removal of PCB waste located in Mill building; (3) cleanup of pits and drain systems; and (4) removal of PCB-contaminated waste that included 12,200 tons of contaminated soil, sludge, and debris, which have been shipped to a landfill approved to accept PCB wastes. « Region IV Tennessee Gas Pipeline Region IV settled the Tennessee Gas Pipeline case, a national multimedia PCB contamination case. The settlement included a mitigated TSCA civil penalty of $6.4 million and included CERCLA cleanup at 42 compressor stations in 4 EPA Regions. Other PCB Cases The TSCA program issued 20 civil penalty Complaints for PCB violations. Six of the settlements include SEPs involving disposal of PCB equipment or PCBs, and one featured, a two- hour educational outreach broadcast by Kentucky Educational Television. Region VI USS Cabot/Dedalo Museum Foundation Region VI learned on June 8, 1994, that the owners of the USS Cabot/Dedalo, a retired Navy warship, proposed to export the ship, which contains high levels of PCBs in its wiring. The B-4 ------- presence of RGBs at levels over 50 parts per billion makes the ship subject to TSCA §6(e), which bans the manufacture, processing, use, and distribution in commerce of PCBs except where authorized, excluded, or exempted by regulation. Region VI contacted the ship's owners, USS Cabot/Dedalo Museum Foundation, and explained the TSCA and PCB regulations. On June 27, 1994, EPA learned that the Foundation had a contract to sell the vessel for scrap and salvage to a company in the Republic of India and had requested export clearance from the U.S. Customs Service. EPA Region VI requested that Customs deny clearance until the Foundation could comply with TSCA §6(e). In response, on July 11, 1994, the Foundation sought a Temporary Restraining Order (TRO) in the New Orleans U.S. District Court, alleging that EPA is without statutory or other authority to instruct Customs to restrict the export of this vessel. Region VI requested and the U.S. Department of Justice (DOJ) has filed an action seeking a TRO to halt the export. DOJ has submitted a legal brief in opposition to the Foundation's motion as well as a Complaint on behalf of EPA. Port of New Orleans The Port of New Orleans will remove and dispose of PCB transformers, capacitors, and contaminated pads as part of a SEP under the terms of a September 12, 1994, Consent Agreement and Consent Order, which EPA Region VI negotiated with the Board of Commissioners of the Port of New Orleans for violations of the TSCA PCB requirements. The Port also will pay a civil penalty of $8,520. Imperial Holly Corporation Imperial Holly Corporation will pay a $7,490 penalty and perform a $224,700 SEP involving removal and replacement of PCB equipment pursuant to a settlement with EPA Region VI of a TSCA case involving four PCB registration, recordkeeping, inspection, and disposal violations. B-5 ------- Region VIII Sunshine Mining Company EPA cited Sunshine Mining Company for improper disposal of PCBs both on the surface and underground at the Eureka Mine in Utah. Alleging 16 TSCA PCB counts, the proposed penalty is $109,500. Region IX U.S. Army Presidio PCB inspectors participated in the multimedia inspection of the U.S. Army Presidio. A notice of noncompliance (NON) was issued to the Presidio for four violations of the PCB rule. The Presidio is contracting to remove all PCB transformers by- January 1995 in addition to responding to the PCB rule violations cited in the NON. A final determination on the Presidio's compliance with the PCB rule will be made in January 1995 when the cleanup should be completed. Region X Alaska Pulp Corporation In Region X's first multimedia settlement, reached on February 17, 1994, Alaska Pulp Corporation (APC) will pay cash penalties of $64,600 for TSCA violations, $45,650 for Toxic Release Inventory violations, and $27,068 for Resource Conservation and Recovery Act violations. The settlement also requires APC to spend at least $129,200 to dispose of PCB transformers at its Sitka facility; to spend a minimum of $83,000 to implement a Nutrient Pollution Prevention Project and a Caustic Wash Reuse Project at its Sitka facility; and to pay up to an additional $10,062 in cash if it does not expend at least $40,250 more on the Nutrient Pollution Prevention and Caustic Wash Reuse Projects (over and above the initial $83,000). B-6 ------- Toxics and Pesticides Enforcement Division During FY94, the Toxics and Pesticides Enforcement Division's (TPED's) first year of existence, the Division filed a recordsetting 40 administrative cases under TSCA; the Federal Insecticide, Fungicide, and, Rodenticide Act; and the Emergency planning and Community Right-To-Know Act (EPCRA) with combined proposed penalties of $4.6 million. With TPED assistance, the Regions reached settlements against two natural gas pipeline companies resulting in combined penalties exceeding $11 million. Dexter Corporation EPA settled the following two Complaints against the Dexter Corporation for TSCA violations: (1) a Headquarters Complaint for manufacturing new chemical-substances without submission of PMNs and (2) a Region V Complaint for submission of false or untimely notices of commencement of manufacture and failure to file timely export notices. Dexter will pay $137,505 in penalties, conduct a nationwide TSCA compliance audit, and spend $1.5 million on a SEP involving the addition of equipment to reduce solvent emissions to levels below applicable legal requirements. Dexter will also conduct a nationwide TSCA Compliance Audit covering 20 of its facilities in 7 EPA Regions and pay stipulated penalties for violations discovered during the Audit up to a maximum cap of $800,000, which excludes §5(e) and §5(f) violations. Fifty percent of stipulated penalties up to $500,000 are eligible to be offset by SEP credits; for stipulated penalties above $500,000, 100 percent are eligible to be offset by SEP credits. The settlement also includes a SEP to reduce Dexter's emissions of volatile organic compounds at its Waukegan, Illinois, facility by closed-processing equipment that will capture an estimated 38.5 tons per year of volatile organsc chemicals beyond minimum compliance with the Clean Air Act B-7 ------- requirements. EPA will credit one quarter of Dexter's expenditures on the SEP, if it is effective, up to a maximum of $500,000 to offset stipulated penalties Dexter would owe EPA as a result of violations discovered during the TSCA Compliance Audit. Dexter must report to EPA annually for three years on the amounts of the target solvents input and the amounts of coatings output. Elf Atochem North America. Inc. On June 21, 1994, EPA filed a civil administrative Complaint against Elf Atochem of Philadelphia, Pennsylvania, alleging violations of TSCA §§5, 8, and 13. Specifically, the violations involve the failure to submit timely reports on chemical production in accordance with the TSCA §8 IUR, the import into the U.S. of a chemical substance that does not appear on the TSCA Inventory, and improper import certification. The initial proposed penalty for these alleged violations was $1,073,000. Because Elf Atochem voluntarily disclosed these potential violations to EPA in a timely manner, the full reductions allowed under the Enforcement Response Policy were applied resulting in an adjusted proposed penalty of $489,000. Hvdrolabs. Inc. EPA issued a civil administrative Complaint on March 3, 1994, against Hydrolabs, Inc., of Albemarle, North Carolina (a subsidiary of Allied Colloids North America Holdings, Inc.), assessing a $145,000 penalty. Hydrolabs failed to notify the EPA of its intention to manufacture a new chemical substance at least 90 days before manufacturing, as required by TSCA §5(a). Voluntarily-disclosed records revealed that on 29 separate days, Hydrolabs manufactured the new chemical substance for TSCA commercial purposes. The chemical substance was used in the manufacture of elastomeric fabrics. In a Consent Agreement signed on September 9, 1994, TPED agreed to reduce the penalty by 15 percent (to $101,500) to reflect Hydrolabs' mitigation of the violation, and a 5 percent B-8 ------- downward adjustment (to $87,000) to reflect Hydrolabs1 cooperation and good attitude in negotiating a settlement. An additional $42,175 reduction (to $44,825) was granted for the timely implementation of a SEP that consists of a TSCA Compliance Audit of Hydrolabs. The Audit is designed to seek and correct management practices that contribute to violations of the chemical regulatory requirements of TSCA. Hydrolabs stipulated that the TSCA Compliance Audit will cost approximately $128,175. For each violation reported under the TSCA Compliance Audit that is remedied, Hydrolabs agrees to pay stipulated penalties of $25,000 for each chemical substance Hydrolabs failed to report under §5, $15,000 for each additional chemical substance eligible for filing a polymer exemption notice, $50,000 for each violation of a TSCA §5(e) or 5(f) order, and $10,000 for each notice of commencement not submitted or submitted in an untimely manner. This agreement has been forwarded to the Environmental Appeals Board for review. MARMAB. Inc. EPA issued a civil administrative Complaint on September 9, 1994, against MARMAB, Inc., of Paterson, New Jersey (owners of the Hydrolabs, Inc., product line prior to January 31, 1992), assessing a $425,000 penalty. MARMAB failed to notify EPA of its intention to manufacture a new chemical substance at least 90 days before manufacturing, as required by TSCA §5(a). Voluntarily-disclosed records revealed that on 85 separate days, MARMAB manufactured the new chemical substance for TSCA commercial purposes. The chemical substance was used in the manufacture of elastomeric fabrics. TPED and MARMAB signed a Consent Agreement concurrent with the issuing of the Complaint. TPED agreed to a 5 percent downward adjustment to the penalty (to $382,500) to reflect MARMAB's mitigation of the violation and a 15 percent downward adjustment (to $255;DQO) to reflect MARMAB's cooperation and good attitude ?M n^^ting a settlement. B-9 ------- Under this agreement, MARMAB will pay $255,000 in penalties and will conduct a TSCA Compliance Audit, in concert with Hydrolabs, Inc., to review and report on MARMAB's compliance with TSCA §5. For each violation reported under the TSCA Compliance Audit that is remedied, MARMAB agrees to pay stipulated penalties of $25,000 for each chemical substance MARMAB failed to report under §5, $15,000 for each additional chemical substance eligible for filing a polymer exemption notice, $50,000 for each violation of a TSCA §5(e) or 5(f) order, and $10,000 for each notice of commencement not submitted or submitted in an untimely manner. This agreement has been forwarded to the Environmental Appeals Board for review. United Chemi-Con Manufacturing. Inc. * On September 26, 1994, TPED issued an administrative Complaint against United Chemi-Con for violations of TSCA §§5, 13, and 15. The total proposed adjusted civil penalty of $83,750 included a 50 percent reduction for voluntary disclosure. On the same date, TPED and United Chemi-Con signed a Consent Agreement in which United Chemi-Con agreed to the payment of a civil penalty in the sum of $57,750. The final penalty amount reflects a 15 percent decrease in the penalty for taking all steps reasonably expected upon discovery of the violation and a 5 percent reduction to reflect United Chemi-Con's cooperation and good attitude in negotiating a settlement. The Consent Agreement has been forwarded to Office of Regulatory Enforcement (ORE) management for approval before submittal to the Environmental Appeals Board. United Chemi-Con first informed TPED that it had potential TSCA violations on August 9, 1994. The company had imported two chemicals not on the public portion of the TSCA Inventory five times during the period between December 1993 to July 1994. On August 17, 1994, the company submitted a consolidated PMN for the two chemicals and three salts that were subsequently produced at the company's North Carolina facility. The three salts were also not on the TSCA Inventory. The Office of Pollution Prevention and Toxics (OPPT) completed B-10 ------- the health and safety review on September 8, 1994, and all five chemicals passed the review without restrictions. National Case Initiative with Toxics and Pesticides Enforcement Division in Lead Role Inventory Update Rule EPA's TSCA IUR seeks information to update EPA's TSCA Chemical Substance Inventory, EPA's "baseline" of information on toxic substances. In an effort to target violators and highlight the importance of compliance with the IUR, EPA Headquarters and regional offices filed Complaints in June 1994 seeking approximately $2.9 million in penalties against 39 U.S. chemical manufacturers and importers for failure to report specific chemical production and site information in a timely and accurate manner. Manufacturers and importers are required to submit this data pursuant to the IUR promulgated under TSCA §8(a). The reported information is essential to EPA's regulatory decision- making process to assure responsive and effective regulation of chemical substances. For instance, accurate data is necessary to monitor and estimate risks to health and the environment and to target pollution prevention efforts. EPA launched the IUR case initiative to increase industry awareness of IUR reporting requirements and of the IUR reporting cycle, which spans from August 25, 1994, through December 23, 1994. The initiative will also demonstrate the Agency's determination to improve data quality and convey its commitment to obtaining accurate and timely information reporting under TSCA. B-11 ------- International Activity New River TSCA Subpoenas The Office of Prevention, Pesticides, and Toxic Substances issued 95 TSCA administrative subpoenas in September 1994 to U.S. parent companies with subsidiaries located in Mexicali, Mexico. The subpoenas requested information on the toxic and hazardous chemicals and wastes that could be released to the New River, located along the U.S./Mexico border in Imperial County, California. The initial deadline date was November 21, 1994. However, several companies requested and were granted extensions as late as January 30, 1995. This information collection effort conducted via subpoenas was for regulatory purposes, possibly leading to a determination of the need to conduct a test rule or consent order under TSCA §4, 5, or 6 or a determination of imminent hazard under TSCA §7 in regard to the New River. Under Mexico's Maquiladora Program, foreign • parent companies can establish facilities in Mexicali, Mexico, to accept the raw chemical or article for the assembly of a final product, on the condition that any waste and/or surplus be returned to the country of origin for proper disposal/removal. As a result of the extremely and adversely impacted environmental conditions of the New River, EPA has determined that U.S. parent companies should be able to provide the Agency with records and files on the amounts of chemicals exported to Mexico and the amount of waste generated at the facilities, released into the New River, and returned to the parent company. Coordination in ensuring enforceability of the EPA subpoenas was undertaken by EPA's OPPT, Office of General Counsel, and ORE along with DOJ. EPA was careful to prevent infringement of Mexican sovereignty by focusing the information collection to facilities owned/operated by U.S. parent companies. In addition, EPA informed its Mexican counterpart participating on a bilateral enforcement subcommittee of its enforcement activity. ' B-12 ------- Toxics and Pesticides Enforcement Division Rulemaking. Interpretive Guidance, and Voluntary Program Activities TPED and the Regions actively participated in the following rulemaking, interpretive guidance, and voluntary program efforts during FY94 to help ensure enforceability: (1) the acrylamide and n-methylolacrylamide grout rule, (2) the TSCA §8(e) environmental effects reporting guidance, (3) the TSCA §6 hexavalent chromium rule, (4) the TSCA §5 premanufacture notice amendments, and (5) the pulp and paper mill sludge application voluntary stewardship program. B-13 ------- APPENDIX C DEFENSIVE JUDICIAL ACTIONS On May 12, 1995, the Court of Appeals for the D.C. Circuit vacated a finding of liability against General Electric Co. for distilling PCB liquids at its Chamblee, GA, facility without a permit. The Court held that EPA's interpretation of its regulations preventing such distillation was permissible. However, the Court vacated the finding of liability and set aside the fine on the grounds that the regulations did not provide General Electric with fair warning of the Agency's interpretation. In a District Court case, the Agency was sued by the owner of a PCB-contaminated ship for preventing the export of the ship for scrapping. EPA argued that export of the ship would violate the TSCA regulatory ban on exporting PCBs greater than 49 parts per million for disposal. On March 29, 1995, the Court granted EPA's motion to prevent the ship's export. Petitioners also filed challenges in the D.C. Circuit to EPA's November 10, 1993, Water Chemicals Test Rule as it pertained to 1,3,5-trimethylbenzene (TMB) and chloroethane. Following EPA's issuance of a clarification notice, petitioners dismissed their TMB action. EPA and the chloroethane petitioners are in the process of attempting to settle that litigation. DEFENSIVE LITIGATION Headquarters Caterpillar Inc. v. EPA. No. 89-4829 (5th Cir. December 27 1993) Petitioner challenged EPA's 1989 rule that banned the future manufacture, importation, processing, and distribution in commerce of most asbestos-containing products and that required labeling for certain products. C-1 ------- The court granted a stay to allow Caterpillar and EPA to negotiate a settlement agreement to resolve the matter without further litigation. During these negotiations, Caterpillar proposed to formally request an exemption from the rule that would allow it to continue to use certain asbestos-containing parts and assemblies that were already in Caterpillar's possession. Caterpillar also indicated that parts and assemblies acquired in the future would not contain asbestos. If an exemption were granted, the company said it would withdraw its challenge to the rule. EPA and Caterpillar were in the process of discussing the details of the proposal when the Fifth Circuit vacated and remanded the asbestos rule in a related case. See Corrosion Proof Fittings v. EPA. 947 F.2d 1201 (5th Cir. 1991). On November 5, 1993, EPA issued a Federal Register notice that clarified which asbestos-containing products were no longer regulated by the rule as a result of the Fifth Circuit's decision. After Caterpillar reviewed the notice, it determined that the rule no longer applied to any of the asbestos-containing products in its possession. Accordingly, Caterpillar asked the Fifth Circuit to dismiss the petition for review. EPA did not oppose the request, and the court dismissed the case. Corrosion Proof Fittings v. EPA. 947 F.2d 1201 (5th Cir. 1991) These petitioners also challenged EPA's rule that banned the future manufacture, importation, processing, and'distribution in commerce of most asbestos-containing products and that required labeling for certain products. By February 5, 1991, all briefs were filed and oral argument was completed. On October 18, 1991, the court vacated and remanded most of the rule to EPA. Subsequently, the court clarified its decision and held that the rule continued to govern asbestos-containing products that were not being manufactured, imported or processed on July 12, 1989, when the rule was issued. C-2 ------- The court agreed with EPA's determination that asbestos is a toxic material and that certain exposure to asbestos can cause cancer. The court, however, interpreted TSCA to require EPA to conduct a more extensive evaluation of regulatory alternatives to a ban and of the risks of likely asbestos substitutes than EPA had previously conducted. The court also found that EPA had failed to comply with a procedural requirement that gave the public an opportunity to comment on one of the methods used to calculate some of the benefits of the rule. On November 5, 1993, EPA issued a Federal Register notice that clarified which asbestos containing products were no longer regulated by the rule as a result of the Fifth Circuit decision. Chemical Manufacturers Association et al. v. EPA. No. 93-5381 (5th Cir. Octobers, 1993) Petitioners challenged EPA's Multisubstance Rule for the • Testing of Neurotoxicity, 58 FR 40262 (July 27, 1993)(codified in part at 40 CFR 799.5050)(final test rule). The final test rule required several neurotoxicity tests be conducted on 10 high production volume organic solvents. On April 28, 1994, EPA and Chemical Manufacturers Association (CMA) entered into a Settlement Agreement providing for a modified testing program, and on May 13, 1994, the court dismissed CMA's appeal. Pursuant to the Settlement Agreement, EPA issued a proposed rule revoking the neurotoxicity final test rule, 59 FR 33187 (June 27, 1994). At the same time, EPA also issued a Federal Register notice soliciting parties interested in negotiating consent agreements aimed at the neurotoxicity testing of most of the chemical substances included in the multisubstance test rule, 59 FR 33191 (June 27, 1994). By the end of December, 1994, EPA and the interested parties reached consensus on the substances to be tested and the tests to be conducted for each substance. EPA and the interested parties signed the Consent Agreements on January 10, 1995. At that same time, EPA also signed the Federal Register notices announcing the Consent Agreements and revoking the neurotoxicity final test rule. C-3 ------- American Petroleum Institute v. EPA. No. 94-1050 (D.C. Cir.) Petitioners challenged EPA's Office of Water Chemicals Test Rule as it pertained to 1MB, 58 FR 59667 (November 10, 1993) (final test rule). The final test rule required manufacturers and processors of TMB to conduct oral 14-day repeat-dose and oral 90-day subchronic-toxicity studies on TMB. Petitioners challenged EPA's final test rule arguing that the proposed rule had not provided them with adequate notice that manufacturers, processors, or importers of TMB as part of complex mixtures or substances might be subject to the final test rule. After reviewing the record, EPA agreed that there is some question whether such persons had received adequate notice that they would be subject to the final test rule. As a result, EPA issued a notice clarifying that only manufacturers, importers, and processors of TMB as an isolated product, and not persons who manufacture, import, or process the substance as part of complex mixtures or substances, are subject to the final test rule requiring certain health effects testing, 59 FR 45629 (September 2, 1994). Shortly thereafter, Petitioners moved to dismiss the case. On October 5, 1994, the D.C. Circuit Court granted petitioners' motion for a dismissal. Dow Chemical Company and PPG Industries v. EPA. No. 94- 1045 (D.C. Cir.) Petitioners challenged EPA's Office of Water Chemicals Test Rule as it pertained to chloroethane, 58 FR 59667 (November 10, 1993)(fmal test rule). The final test rule required manufacturers and processors of chloroethane to conduct oral 14-day repeat-dose and oral 90-day subchronic-toxicity studies on TMB. Petitioners challenged whether EPA's findings were consistent with the language and intent of §4(a)(1)(B) of TSCA. At EPA's and the petitioners' request, on October 5, 1994, the court granted a stay of the litigation pending negotiation of a settlement. On January 3, 1995, EPA and the petitioners filed a joint status report informing the court that Dow Chemical Company is conducting a 14-day single-dose study that Dow believes may provide EPA with the information requested in the C-4 ------- final test rule, and, therefore, the 14-day single-dose study may eliminate the need for further testing. To accommodate the submission of the 14-day single dose study and EPA review of that study, on November 4, 1994, EPA, by letter to Dow Chemical Company, extended the reporting deadlines for submission of the data required under the final test rule by 3 months. Dow Chemical Company expects to submit the data to EPA by the end of January 1995. Chrome Coalition v. EPA. No. 90-1138 (D.C. Cir.) On January 3, 1990, EPA promulgated a final rule under TSCA §6 prohibiting the use of hexavalent chromium-based water treatment chemicals in air-conditioning cooling towers. This rule automatically triggered TSCA §12(b), under which persons who export or intend to export a chemical substance regulated under §6 are required to notify EPA of such export. The preamble to the rule states that notification is required under §12(b) whenever a shipment contains hexavalent chromium, not just hexavalent chromium-based water treatment chemicals. The petitioner challenged this interpretation. The court stayed the briefing of this case pending settlement discussions. The Chrome Coalition and EPA signed a written Settlement Agreement on December 15, 1992. The Agreement provides, among other things, that- 1) EPA will conduct notice-and- comment rulemaking on the issue of whether 40 CFR 749.68 (the hexavalent chromium §6 rule) should be amended in the manner specified in the attachment to the Settlement Agreement; 2) EPA will use its best efforts to publish a proposed rule by August 15, 1993; 3) the preamble to the proposed rule will specifically mention examples of types of mixtures that are not subject to the rule, such as paints, dyes, and pigments; and 4) EPA will use its best efforts to publish a final rule by August 15, 1994. The final rule was published on August 19, 1994. EPA believes that the final rule is in substantial conformance with the terms of the Settlement Agreement C-5 ------- Chemical Manufacturers Association et al. v. EPA. Nos. 90- 1127, 90-1469, 90-1121 (D.C. Cir.) CMA, the National Solid Wastes Management Association (NSWMA), and General Motors filed petitions for review challenging the PCB Notification and Manifesting Rule, 54 FR 52736 (December 21, 1989). The rule establishes requirements for notifying EPA of PCB activities, manifesting PCB waste, and seeking approval for the commercial storage of PCBs. Petitioners challenged a number of the rule's provisions as being arbitrary and capricious. In 1990, EPA settled the suit brought by General Motors and one of CMA's suits. Following promulgation by EPA of final amendments to the PCB rules, on December 13, 1993, CMA and NSWMA filed a joint motion, which EPA did not oppose, to dismiss the remaining lawsuit. On March 21, 1994, the motion was granted by the court. » • Chemical Manufacturers Association v. EPA. No. 89-1153 (D.C. Cir.) CMA filed a petition for review of the Comprehensive Assessment Information Rule (CAIR), which EPA issued pursuant to TSCA §8(a). CAIR establishes a general framework for detailed reporting on chemicals by their manufacturers, importers, and processors. As initially promulgated, CAIR requires the submission of information for 19 chemicals. EPA intends to conduct future rulemakings to require reporting on other chemicals as the need arises. In response to comment and concerns raised by CMA and other industry groups, on July 19, 1989, EPA issued a request for additional comments on possible revisions to the CAIR. The litigation has been stayed since November 1989, pending the outcome of EPA's rulemaking to revise the CAIR. EPA issued a proposed amendment to the CAIR on November 30, 1993 (58 FR 63134). C-6 ------- Region IV General Electric Co. v. EPA. No. 93-1807 (D.C. Cir.) On May 12, 1989, Region IV issued a Complaint charging General Electric Co. (GE) with violations of the PCB use and disposal regulations at GE's Chamblee, Georgia, facility. The Complaint alleged that GE had improperly processed and disposed of 10,126 gallons of PCB liquid through an unpermitted distillation method and sought $225,000 in penalties. In his initial decision, the Presiding Officer found that GE had violated both the PCB use and disposal regulations but reduced the proposed penalty to $40,000. Following GE's appeal, the Environmental Appeals Board, on November 1, 1993, issued a Final Decision, which upheld the disposal violations, dismissed the use violations, and ordered GE to pay a $25,000 penalty. On November 30, 1993, GE filed a petition for review with the D.C. Circuit Court of Appeals. On May 12, 1995, the Court issued its decision upholding EPA's interpretation of the PCB disposal regulations as "permissible" but vacating the finding of liability and setting aside the fine on the grounds that the regulations did not provide GE with fair warning of the Agency's interpretation. DISTRICT COURT LITIGATION Headquarters Environmental Defense Fund v. Browner. No. 93-0352 (D.D.C.) On October 20, 1992, the Environmental Defense Fund (EDF), the Federation of Fly Fishers, the North American Loon Fund, and the Trumpeter Swan Society filed a petition under TSCA §21 requesting EPA to issue a rule under TSCA §6 to require that the sale of lead fishing sinkers be accompanied by a label or notice warning that such products are toxic to wildlife. The C-7 ------- petition and subsequent correspondence claimed that lead fishing sinkers are causing mortality, due to lead poisoning and ingestion of sinkers, in trumpeter swans, common loons, and a Mississippi sandhill crane, an endangered species. EPA granted the petition on January 14, 1993. After reviewing the petition, its accompanying studies, and other information gathered by EPA, the Agency preliminarily determined that certain lead fishing sinkers present an unreasonable risk of injury to waterfowl and that rulemaking under §6(a) of TSCA to ban the manufacture, processing, and distribution in commerce of certain lead sinkers is necessary to protect against that risk. EPA informed EOF by letter on March 11, 1993, that it was planning to publish a proposed rule to address these concerns. EPA also informed EOF that it was also analyzing the need for a prohibition against the manufacture, processing, and distribution in commerce of certain sinkers made of zinc, copper, and brass, materials likely to be used as substitutes for lead in sinkers, which may also present unreasonable risk to waterfowl. After concluding this analysis, EPA would determine the appropriateness and feasibility of regulatory action regarding these substitutes. *• Despite EPA's expressed intent to publish a proposed rule to address the risks posed by lead fishing sinkers, including regulatory options more stringent than the labeling requested in the petition, EOF sued EPA on March 15, 1993, in the U.S. District Court for the District of Columbia, alleging EPA's failure to promptly publish a notice of proposed rulemaking under §6 of TSCA. On March 9, 1994, EPA published its notice of proposed rulemaking. On April 26, 1994, after considering motions by the parties, the Court dismissed EDF's suit. C-8 ------- Service Employees International Union v. Reillv. No. 89-0851 (D.D.C.) In November 1988, Service Employees International Union (SEIU) filed a citizens' petition under TSCA §21 requesting EPA to issue rules controlling asbestos in public and commercial buildings, other than schools. This petition flowed from a long history of asbestos litigation between SEIU and EPA on asbestos in schools and other buildings. This litigation has been extensively discussed in previous annual reports. On March 28, 1989, EPA denied the petition because important information was lacking but did not permanently rule out a regulatory response. Consequently, EPA announced a June 1989 public meeting to gather data and hear arguments to assist in assessing the need for further Agency action on asbestos in public and commercial buildings. On March 31, 1989, SEIU sued under TSCA §21 to compel initiation of a rulemaking. However, the June public meeting convinced EPA to hold further meetings. As a result, SEIU asked that its suit be held in abeyance, expressing its belief that the meetings might result in EPA's voluntarily initiating rulemaking. At a status conference in December 1990, the court, upon agreement between EPA and SEIU, issued an order holding the case in abeyance while the parties negotiated. OSHA and EPA agreed to engage in rulemaking. First, OSHA would promulgate rules on asbestos, and then EPA would initiate rulemaking to regulate those States that could not be covered by the OSHA rule. OSHA's final rule, with corrections, went into effect on October 1, 1995. The rule revises existing standards for asbestos at construction sites, shipyards, and general industry. EPA is in the process of initiating its own rulemaking based on the OSHA regulation. C-9 ------- USS Cabot/Dedalo Museum Foundation v. EPA. Nos. 94-2277, 94-3631 (ED LA) Plaintiff, the owner of the USS Cabot/Dedalo, filed a Complaint in the Eastern District of Louisiana seeking an injunction against EPA and other agency efforts to prevent the export of the ship for overseas scrapping. The Government opposed plaintiff's motion and, on January 17, 1995, sought its own injunction against export on the grounds that the ship contained PCB contamination in excess of 49 parts per million and that the export of such PCBs for disposal was a violation of TSCA and the PCB rules. On March 29, 1995, the court granted the Government's motion for a permanent injunction, finding that plaintiff's intended export of the vessel would violate TSCA and the PCB regulations. In issuing its order, the court concluded that the scrapping process was more akin to "disposal" and the termination of the useful life of the PCBs than to continued use of the PCBs. C-10 ------- EPA CONTRIBUTORS Office of General Counsel Curtin, James F. Golberg, Aron A. Office of Pollution Prevention and Toxics Alwood, Raymond J. Blunck, Christopher R. Campanella, Paul J. Darr, James F. Giamporcaro, David E. Gillen, Matthew E. Gimlin, Peter Price, Michelle M. Seidenstein, Roy S. Sherlock, Scott M. Tillman, Thomas D. Williams, David R. Willis, James B. Woodbum, Wanda Wunderlich, Linda Office of Regulatory Enforcement Crowley, Elizabeth A. Ellis, Tony R. Project Manager: Faeth, Lisa E. ------- |