&EPA OFFICE OF POLLUTION PREVENTION AND TOXICS SUMMER-FALL 1996 EPA-745-N-96-001 Chemicals in Progress To Our Readers Due to budgetary restric- tions, the Fall/Winter 1995/ 1996 issue of Chemicals in Progress Bulletin was not printed and distributed. We regret any inconvenience this may have caused our readers. Two previous issues, as well as this one, are available electronically on the Internet via the EPA Web site at: http:// www.epa.gov/docs/ ChemLibCIP/ 20 Years Under TSCA by William H. Sanders III, Dr. P.M., P.E. This year marks the 20th anniversary of the Toxic Substances Control Act, or TSCA. In 1976, passage of this law offered a promis- ing mechanism to help us better understand chemical risks, and to address these risks in a comprehensive, multi-media framework. The purpose of TSCA is to ensure that the tens of thousands of chemicals routinely used in commerce are used safely — that they are safe for our children, for our workers, for the general public and for the environment. What a tremendous vision, and what a daunting task! EPA set to work compiling information on, and reducing risks from, chemicals in commerce. Twenty years later, EPA and industry are continuing this important work, and looking at ways to improve our efforts to control the risks posed by thou- sands of priority chemicals. While we still do not have complete knowledge of all chemicals in existence, in many ways TSCA has surpassed the promising expec- tations which heralded its arrival. For while the language is basi- 20 Years continued on page 8 EPA Proposes To Expand TRI Industry List, Releases 1994 TRI Data On June 26, Vice President Al Gore, accompanied by EPA Adminis- trator Carol M. Browner, proposed increasing by approximately 30% the number of industrial facilities required to report releases of toxic chemicals to air, water, and land to EPA's Toxics Release Inventory (TRI). With this addition of approximately 6,400 facilities, over 31,000 facilities will be required to report on toxic emissions to the TRI program. TRI Industry List continued on page 2 VOL. 17 / NO. 1 SUMMER/FALL 1996 ------- I Table of Contents Contents 1 20 Years Under TSCA by Dr. William H, Sanders III 1 EPA Proposes to Expand TRI Industry List, Releases 1994 TRI Data TRI 3 EPA Issues Final Rules for TRI Delisting 3 EPA Moves Toward Chemical Use Reporting Existing Chemicals Program 4 Polymer Manufacturers Report Use of New Polymer Exemption 5 EPA Seeks Public Comment on State Access to TSCA Confidential Business Data 5 TSCA Section 21 Petition: Chicago Legal Clinic 6 Hazardous Air Pollutants Test Rule Proposed 6 ITC Releases 38th Report 7 Focus On: Endocrine Disrupters General 10 Empowering Community-based Environmental Protection with OPPTS' Catalogue of Tools 10 OPPT Community Based Partnership Project Unfolding 11 EPA and Dow Corning Sign Formal Agreement Covering Six Siloxanes Design for the Environment 12 Cleaner Technologies Substitutes Assessment: Lithographic Blanket Washes by James Rea and Karen Seeh, DfE Program Pollution Prevention 13 1996 Pollution Prevention Trade Association Meeting Lead, Asbestos, PCBs 14 EPA Moves to Ensure Certified Help for Home Hazards from Lead-Based Paint 15 Preventing Lead-Based Paint Hazard Exposure Starts With Informed Families 17 Lead Environmental Justice Initiative: Training Class Graduates 18 PCB Rules Revised to Allow Import for Disposal Resources 19 Register of Lists 19 OPPT Annual Report For correspondence and subscriptions: Chemicals in Progress Bulletin U.S. EPA (7407) 401 M Street, S.W. Washington, D.C. 20460 Mike McDonell, Co-Editor Maureen Eichelberger, Co-Editor Gilah Langner Free Hand Press, Layout TRI Industry List From page 1 Vice President Gore said, "Put- ting information about local pollution into the hands of the public is the single most effec- tive, common-sense tool avail- able for protecting human health and the environment." The proposed increase in facili- ties reporting comes about as a result of adding seven new industrial categories to the Right-to-Know program estab- lished under the 1986 Emer- gency Planning and Community Right to Know Act. Those categories are: metal mining, coal mining, electric utilities, commercial hazardous waste treatment, petroleum bulk terminals, chemical wholesalers, and solvent recovery services. As reported earlier in Chemi- cals in Progress Bulletin, in November 1994, EPA nearly doubled the list of toxic sub- stances for which reporting is required, from 337 to 648 chemicals. In May 1996, a federal court decided in favor of EPA in a suit brought by the Chemical Manufacturers Asso- ciation and other chemical industry groups which sought to limit expansion of the chemical list. This decision has been appealed. However, CHEMICALS IN PROGRESS ------- I TRI reporting on the new chemi- cals was required by August 1 of this year. 1994 TRI data released TRI data for 1994 were also released at the press conference on June 26. The data show a decline of 8.6%, or 186 million pounds, in levels of toxic chemicals released into the environment, continuing a downward trend. However, most of the 8.6% decline is attributable to two fertilizer plants in Louisiana. The plants used pollution control and prevention measures to reduce releases of phosphoric acid, which accounted for all but about 1.6% of the national decline in releases that year. Recycling of toxic chemicals in 1994 increased by 174 million pounds, or 8.5%. The data also show, however, that the amount of waste generated by industry increased by 5.4% in 1994, to 26.5 billion pounds. In releasing the 1994 TRI data, Administrator Browner said, "The good news today is that the levels of toxic chemcials released into America's environ- ment continue to decline, and the decline comes during a period of robust economic growth. This proves once again that environmental progress and economic expansion can go hand-in-hand. We're also pleased that the recycling of 1994 TRI Data continued on page 19 EPA Moves Toward Chemical Use Reporting To provide communities with a more complete picture of local pollution and public health risks, EPA has taken its first formal action toward giving communities the right to know how local industrial facilities use toxic chemicals. EPA Administrator Carol M. Browner said, "The expansion we are considering would give the public the right to know not just which chemicals come out of local industrial facilities, but which chemicals go into their neighborhoods and how they are used. Putting information about local pollution into the hands of the public is the single most effective, common-sense tool available for protecting public health and environment." EPA issued an Advanced Notice of Proposed Rulemaking on October 1 (61 FR 51322) to notify the public of, and take comments on, potential new requirements for chemical use reporting under the Community Right-to-Know program. Report- ing on chemical use (also referred to as materials ac- counting) would expand public information available on toxic chemicals that enter local industrial facilities; the amounts of chemicals transformed into Chemical Use continued on page 19 EPA Issues Final Rules For TRI Delisting EPA has issued final rules to delist di-(2-ethylhexyl) adipate, diethyl phthalate and non-aerosol forms of hydrochloric acid from TRI. (See: 61 FR 38600, July 25, 1996; 61 FR 39356, July 29, 1996; 61 FR 39891, July 31, 1996.) Section 313(e) of the Emergency Planning and Community Right to Know Act (EPCRA) allows for petitions from the public to list or delist TRI chemicals. EPA concluded that di-(2-ethylhexyl) and diethyl phthalate did not meet the listing criteria established under EPCRA; the two chemicals were delisted entirely. For hydrochloric acid, only non-aerosol forms of hydrochloric acid were examined and found not to meet the listing criteria. Companies must continue to report releases of aerosol forms. Since TRI was created in 1986, EPA has delisted or modified the listing for 17 chemicals. For more information on the TRI delisting, call Dan Bushman at 202-260-3882. B VOL. 17 / NO. 1 SUMMER/FALL 1996 ------- Existing Chemicals Program Polymer Manufacturers Report Use Of New Polymer Exemption Last year EPA published a final rule amending the 1984 polymer exemption, which increased the number of new polymers eli- gible for exemption from the TSCA section 5 premanufacture notification (PMN) requirements, and greatly reduced industry's reporting burden for those polymers eligible for exemption. The amendments eliminated notification 21 days prior to manufacture and reduced the information requirements. As a result of the changes, manufac- turers may now submit a simple report by January 31 which contains information on the number of exempted polymers manufactured under the provi- sions of the exemption for the first time during the preceding calendar year. The first reports received by EPA covered a seven-month period from the effective date of the exemption, May 30, 1995, through December 31, 1995. During this period, 51 compa- nies reported the manufacture of 99 polymers under the terms of the exemption. EPA estimates that this initial use of the ex- emption saved polymer manu- facturers $902,000-$!.3 million by eliminating delay costs, user fees, and submission costs associated with the 1984 poly- mer exemption. (These figures are based on EPA's 1994 Regula- tory Impact Analysis of the PMN Amendments. Even greater savings are realized if compared to the costs of a full PMN sub- mission.) EPA estimated its own savings at $100,584-$! 19,097 for the 99 polymers. During the same period, EPA also reviewed over 200 PMNs for polymers that could have quali- fied for exemption, and if manu- factured under the exemption, would have saved considerable industry and Agency resources. Nevertheless, EPA expects indus- try will take greater advantage of the polymer exemption as other polymer manufacturers and importers become more familiar with the exemption criteria and the significant benefits of its application in their marketing strategies. The polymer exemption amend- ments were published by OPPT on March 29, 1995 as part of a comprehensive set of PMN Rule Amendments aimed at achieving a more efficient regulatory process, saving costs for EPA and submitters, and allowing submitters greater flexibility in manufacturing certain new chemical substances. The amend- ments incorporate pollution prevention principles, encourage the manufacture of safer chemi- cals and allow the Agency to shift its limited resources from the review of low-risk substances to those that may present a higher risk. The polymer exemp- tion amendments also foster international accord since Envi- ronment Canada has adopted the Agency's low-risk criteria for polymers in its regulation of new chemicals and the Organization of Economic Cooperation and Development has expressed strong interest in EPA's criteria for low-risk polymers. To assist industry in understand- ing and applying the polymer exemption provisions, EPA has published a draft technical guidance document on the polymer exemption, which is available from the TSCA Hotline (202-554-1404). A revised ver- sion of this document, which incorporates industry comments, will soon be available. B CHEMICALS IN PROGRESS ------- I Existing Chemicals Program EPA Seeks Public Comment On State Access To TSCA Confidential Business Data EPA is seeking public comment on four state reports describing the value of confidential busi- ness information collected under the Toxic Substances Control Act (TSCA) that EPA shared with these states for the first time. Through the project — sup- ported by industry and the states — the state environmental agencies of Georgia, Illinois, New York, and Wisconsin received controlled access to the data for the sole purpose of determining the value of the information to state environ- mental programs. Much of the information on chemicals in commerce that EPA receives under TSCA — including facil- ity-specific information and health and safety information — is confidential and may not be reviewed or utilized by persons outside the federal government, including states. Among other suggestions, the state reports identify ways in which the TSCA information could be used in state risk assessment/chemical management processes. EPA is soliciting comment on the state reports and the general issue of state access to TSCA data. The state reports and background material can be obtained by calling the TSCA Hotline at 202-554-1404. For additional information, call Scott Sherlock at 202-260-1536. TSCA Section 21 Petition: Chicago Legal Clinic On February 23, 1996, EPA received a petition under TSCA Section 21 from the Chicago Legal Clinic representing 11 community advocacy groups. The petition requested that EPA issue a rule under Section 6 of TSCA regulating the disposal of dioxins, furans, mercury, cad- mium, and lead through air deposition from eight incinera- .tors slated to begin operating (or in one case, already operat- ing) in Cook County, Illinois and Lake County, Indiana. The petition alternatively requested the issuance of a TSCA Section 4 rule that would require the collection of data on cumulative effects, focusing on those risks. posed by dioxins, furans, mer- cury, cadmium, and lead. Under Section 21 of TSCA, EPA had 90 days (until May 23, 1996 in this instance) from receipt of the petition to prepare and issue a response to the petitioner. An interoffice workgroup was assembled to evaluate the petition and generate a re- sponse. The workgroup, after analyzing information collected during the investigation, deter- mined that insufficient informa- tion existed to support the initiation of regulatory activity. However, the group believed that several significant issues were raised during the petition investigatory process, including cumulative effects, loading, and the risks posed by incinerators and other point, area, and mobile sources. A letter signed by OPPTS Assis- tant Administrator Lynn Goldman on May 23, 1996 denied the petition but pro- posed that the petitioners work with EPA to plan and implement a community-based effort de- signed to address the issues faced by residents of metropoli- tan Chicago to the fullest practi- cal extent. VOL. 17/NO. 1 SUMMER/FALL 1996 ------- Existing Chemicals Program Hazardous Air Pollutants Test Rule Proposed On June 26, 1996, EPA pub- lished a TSCA section 4 test rule proposing that manufacturers and processors of 21 hazardous air pollutants test those sub- stances for a wide range of health effects. The primary purpose of the test rule is to obtain data to determine the residual risks posed by these substances after the imposition of technology based standards emission standards (maximum achievable control technology or MACT standards) required by section 112 of the Clean Air Act. Section 112(b) of the Clean Air Act lists 189 substances as hazardous air pollutants. EPA selected 21 of the substances for this first HAPs test rule based on their production volume, high levels of release to the atmo- sphere as indicated by the Toxics Release Inventory, and a lack of key data on health effects. The 21 substances are: biphenyl, carbonyl sulfide, chlorine, chlorobenzene, chloro- prene, cresols (3 isomers), diethanolamine, ethylbenzene, ethylene dichloride, ethylene glycol, hydrochloric acid, hydro- gen fluoride, maleic anhydride, phenol, phthalic anhydride, 1,2,4-trichlorobenzene, 1,1,2- trichloroethane, and vinylidene chloride. A public meeting on the pro- posed rule was held on October 1, 1996. The rule and supporting documentation are available electronically on the EPA Public Access Gopher (gopher.epa.gov) or EPA website (http://www.epa. gov) under the heading: Rules, Regulations and Legislation; Federal Register— Environmental Subset; Toxics. ITC Issues 38th Report The 38th Report of the TSCA Interagency Testing Committee (ITC) was transmitted to the EPA Administrator on May 31, 1996. During the six months covered by this Report, the ITC revised the TSCA section 4(e) Priority Testing List by recommending 18 nonylphenol ethoxylates and remov- ing white phosphorus, 2 High Production Volume Chemicals (HPVCs), and 2 Oxygenated Fuel Additives (OFAs). The ITC took these actions to meet and coordinate the data needs of U.S. Government Member organizations, to notify the public of chemical-testing decisions on nonylphenol ethoxylates, HPVCs, OFAs, and to obtain data for better decision making. To facilitate communication between U.S. Government organizations needing data on alkylphenols and ethoxylates and the manufacturers, importers, processors, and users of these chemicals, an ITC Subcommittee and the Alkylphenols and Ethoxylates Panel of the Chemical Manufacturers Association (CMA) established a Dialog Group. The Dialog Group convened sev- eral meetings to discuss the uses, environmental fate and ecological effects of alkyphenols and ethoxylates, the complex nonylphenol ethoxylates' nomenclature issues and to develop a strategy to identify the 18 nonylphenol ethoxylates listed in the 38th Report. In addition, the Dialog Group organized platform and poster sessions on alkyphenols and ethoxylates for the November 17-21, 1996 Society of Toxicology and Chemistry meeting in Washington, DC. The ITC's Subcommittees also met with another CMA panel and the Silicones Environmental Health and Safety Council (SEHSC) to discuss several chemicals and chemical groups. B CHEMICALS IN PROGRESS ------- Existing Chemicals Program Focus On: Endocrine Disrupters Endocrine disrupters are sub- stances that interfere with normal hormone system func- tioning. They can exert an influence on hormone synthesis and secretion, transport, bind- ing, or elimination. Since the endocrine system controls development, growth and metabolism throughout the life cycle of an organism, endocrine disrupters can adversely affect growth and development, sexual differentiation, and a host of biological functions. Environ- mental contaminants have caused endocrine disruption in fish and wildlife and, to a limited extent, in humans. Recent research indicates that environmental endocrine disrupters need more attention by chemical and pesticide regulators. As an indication of the public's concern, the re- cently amended Safe Drinking Water Act requires EPA to ini- tiate a screening and testing program for environmental estrogens and gives the Agency discretionary authority to ex- pand this effort to other kinds of endocrine disrupters. EPA convened a meeting on May 15 and 16 to discuss how EPA can work cooperatively with industry, the environmental community, academia and others to develop a screening and testing strategy to identify chemicals which may pose significant risks through endo- crine disruption. While many participants stressed the techni- cal and policy challenges that lie ahead in developing and imple- menting such a strategy, there was consensus that the screen- ing and testing of potential endocrine disrupters is a high- priority effort that should be pursued now and that key stakeholders would work coop- eratively with EPA to develop a screening and testing strategy. A draft summary of the May meeting can be obtained by calling the TSCA Hotline 202- 554-1404. The support shown for develop- ment of the screening and testing strategy at the May meeting provided the basis for convening a federal advisory committee or subcommittee to be known as the Endocrine Disrupter Screening and Testing Advisory Committee to develop the strategy. The committee's first meeting is scheduled for Oct. 31-Nov. 1, 1996 in Wash- ington, D.C. For more informa- tion, contact Gary Timm at 202-260-1859. Recent research indicates that environmental endocrine disrupters need more attention by chemical and pesticide regulators. VOL. 17 / NO. 1 SUMMER/FALL 1996 ------- I General 20 Years From page 1 cally the same — despite the addition of titles dealing with asbestos, radon, and lead, TSCA has probably seen fewer changes than any other EPA statute — the application of the law has expanded to keep pace with the broadening environ- mental principles embodied in the Emergency Planning and Community Right-to-Know Act (EPCRA, 1986) and the Pollution Prevention Act (1990). In addi- tion, innovative application of TSCA has become essential in a federal government with greater limits on its capacity to respond to the complexity and multitude of public concerns. Innovative approaches have become in- creasingly possible with in- creased environmental awareness and sophistication among the general public, and a stronger commitment on both the part of industry and the federal government to work in partnership to reduce risks. Representatives from other countries routinely visit EPA to learn about TSCA and how we implement the law. Only a handful of countries have devel- oped a similar mechanism — in many parts of the world the public has no way of knowing what chemicals are being manu- factured and used. In implementing TSCA, my office, the Office of Pollution Prevention and Toxics, focuses on three implementation areas: chemical testing, existing chemi- cals, and new chemicals. In each of these areas we have instituted innovative methods to minimize transaction costs and to fully involve affected parties. We are currently working with stakeholders to develop a long term National Toxics Agenda, which will help us in prioritizing risk assessment and risk reduc- tion activities. Under the Testing Program, we now use enforce- able consent agreements and voluntary testing initiatives, which have been shown to lower transaction costs for the regulated community and gov- ernment alike. These voluntary approaches provide opportuni- ties for industry to offer bal- anced programs combining testing activities with pollution prevention and product steward- ship. In addition, we have established priority testing needs through the Master Test- ing List which directs our re- sources more efficiently. The Existing Chemicals Program has become more productive and more flexible over the years, as its mission has ex- panded to incorporate pollution prevention and right-to-know as integral parts of the program. Tools such as the use cluster approach allow us to address large numbers of chemicals in a systematic way aimed at maxi- mizing risk reduction and pre- venting pollution. We are using data from the Toxics Release Inventory, or TRI, to focus in on facilities with large releases of priority chemicals. TRI was born out of EPCRA, an act which is also celebrating a major anniver- sary this year: it has been ten years since Congress gave the American public the right, through the tools in EPCRA, to know what toxic chemicals are being released to the air, land, and water in their communities. The tools and strategies of today's existing chemicals program, in large part due to advances gained through EPCRA, go significantly beyond what TSCA explicitly requires. The New. Chemicals Program has been tremendously produc- tive over the years in reviewing thousands of new chemical substances. Recently this pro- gram has reinvented itself to meet stakeholder needs by developing new tools for a more expeditious, effective, and efficient operation. By evaluat- ing risks and making decisions before a substance enters the marketplace, TSCA offers per- haps the most cost-effective means of pollution prevention. B CHEMICALS IN PROGRESS ------- General It has been extremely successful in keeping potentially harmful substances out of commerce. EPA has taken this concept a step further and is working with industry to prevent pollution at the molecular level, in designing new products, suggesting refor- mulations to reduce and elimi- nate hazardous by-products of production, and reducing the toxicity of chemicals. The past 20 years have taught us three key lessons. First, preventing pollution offers the first and often best opportunity for protecting health and the environment. Second, empow- ering the public with informa- tion helps assure compliance with existing laws and encour- ages companies to take addi- tional measures to reduce toxic releases. Third, industry and EPA can work cooperatively and in partnership to improve our environment. When em- powered with information on pollution prevention and other important tools, industry has taken the initiative to reduce the impact their products and processes have on the environ- ment. A good example of this type of industry initiative is the Responsible Care® Program, a comprehensive environmental program for the chemical industry. These lessons are the corner- stone of our new approach for addressing toxics in the environ- ment. At EPA, we hope to continue to incorporate these three lessons into our programs in an intelligent and responsible manner. We recognize that there are times when we may need to move beyond the first choice on the waste management hierar- chy, pollution prevention; that public empowerment carries with it the need to provide the information and education that the public requires to make sound decisions; and that there will always be the need for federal oversight in environmen- tal issues. However, when applied thoughtfully, these principles will result in a better environment for all of us. The principles of pollution preven- tion, right-to-know, and stake- holder partnerships form the foundation of the nation's toxics program now and in the future. As over the past twenty years, our understanding and applica- tion of TSCA will continue to grow and evolve as we face the challenges of reducing chemical risks over the next twenty years and beyond. Dr. William H. Sanders III is Director ofEPA's Office of Pollution Prevention and Toxics. The past 20 years have taught us three key lessons. First, preventing pollution offers the first and often best opportunity for protecting health and the environment. Second, empowering the public with information helps assure compliance with existing laws and encourages companies to take additional measures to reduce toxic releases. Third, industry and EPA can work cooperatively and in partnership to improve our environment. El VOL. 17 / NO. 1 SUMMER/FALL 1996 ------- I General Empowering Community-Based Environmental Protection with OPPT's Catalogue of Tools EPA is working on a new ap- proach to environmental prob- lems that reflects the Agency's commitment to integrated, multi- media strategies, and its in- creased emphasis on involving citizens and the regulated community in environmental protection efforts. The commu- nity-based environmental pro- tection strategies are looking holistically at the range of problems that affect a given geographic area, ecosystem or community, rather than relying on programs based on indi- vidual media. This place-based approach takes into account the fact that most areas experience a variety of interrelated con- cerns involving not just environ- mental issues, but also economic and social concerns. In February 1995, EPA Deputy Administrator Fred Hansen asked the Agency's Regional Administrators and Assistant Administrators to develop strategies for promoting commu- nity-based environmental pro- tection to achieve the following goals: • To protect and sustain healthy human and ecological com- munities; • To develop goals and solu- tions in a collaborative man- ner, based on sound science; • To empower, inform and equip those who make, participate in, and live with environmental management decisions; • To create an iterative, dy- namic process for ongoing partnerships, monitoring and adjustments. OPPTS has developed a strategy that identifies, develops, and provides information and techni- cal and regulatory tools to the regions, states, and local com- munities to help carry out specific community-based initiatives. The strategy includes a catalogue of tools along with an action plan for completing milestones. The catalogue of tools contains some 60 resources from both the Office of Pesticide Programs and the Office of Pollution Prevention and Toxics, with information about partnerships, databases, grants and regula- tions, conferences and training, hotlines, printed materials, and other OPPTS products. The catalogue includes familiar tools such as the Toxics Release Inventory (TRI) and the Pesti- cide Information Network (PIN), as well as lesser-known re- sources such as the TSCA 8(e) Triage Information Data Base which contains information from scientific studies on the health and environmental effects of toxic chemicals. For more information about the OPPTS strategy, please contact Christine Augustyniak, Deputy Director of the Environmental Assistance Division, at (202) 260-1024. OPPT Community Based Partnership Project Unfolding The Office of Pollution Preven- tion and Toxics (OPPT) is con- tinuing its efforts to engage in a community-based environmental justice pilot project to better understand how OPPT's tools and resources can be used to meet the needs of disadvantaged communities. OPPT's goals are to assist a community with environ- mental justice concerns by facili- tating understanding and problem solving; to build the capacity of the community to address envi- ronmental issues; to use the project to develop a case study to benefit other communities en- gaged in similar activity; and, to find more effective ways to support community-based efforts. A framework for the Community Based Environmental Justice D CHEMICALS IN PROGRESS ------- I General Partnership was developed in May 1996, and the South Balti- more area was selected as the first partnership. All sectors of the community will be involved in the partnership, including residents and community lead- ers, non-profit organizations, schools, churches, government, businesses, and other organiza- tions. EPA's tasks in the partner- ship are as follows: • Developing and sharing an environmental profile to provide a thorough under- standing of the environment; • Setting up an environmental action agenda leading to a consensus approach to ad- dressing the priorities in the agenda; and • Implementing agreed upon solutions, using the consensus approach model, to make definable and concrete im- provements in the local South Baltimore community. The project's true success will be seen through the long-term potential for building the ability of the community to address local environmental concerns. In May 1996, participants met with the mayor of Baltimore to discuss the project concept and feasibility, and received his acknowledgement of the project's importance. A public meeting was held in July 1996, with plans to get underway in the Fall. OPPT staff hope this project will serve as a model for other communities, headquarters offices, regional offices, and states to replicate and learn from. The project is expected to generate a description of meth- ods used to identify community environmental concerns, a compilation of environmental education materials, and a guide for community priority setting and for developing implementa- tion plans. For further information, please contact Hank Topper, (202) 260- 6750. EPA and Dow Corning Sign Formal Agreement Covering Six Siloxanes On April 9, 1996, OPPT Director William Sanders and Deputy Director Joe Carra signed a formal Product Stewardship Program "Memorandum of Understanding" (MOU) with the Dow Corning Corporation covering six siloxanes. The six chemicals are representative of a broad class of siloxanes which have widespread use in a vari- ety of industrial and consumer applications. Under the Siloxane MOU, Dow Corning will voluntarily under- take various activities important to OPPT's goals, such as chemi- cal testing, pollution prevention, waste minimization, exposure reduction, and hazard/risk information communication. The MOU also contains provisions for comprehensive animal toxicity testing and exposure monitoring. The cost of the animal toxicity testing program alone is estimated at about $30 million and will be completed over the next several years. The Siloxane MOU reflects OPPT's continuing efforts to use the TSCA Chemical Testing Program to achieve document- able progress in important mission-related areas. The Siloxane MOU also affirms Dow Coming's stated commitment to develop and implement its Siloxane Product Stewardship Program so as to help "ensure protection of health and the environment for people, regard- less of race, ethnic background, or socioeconomic status." For more information, contact Dave Williams at EPA, (202) 260-3468. VOL17/N0.1 SUMMER/FALL 1996 ------- I Design for the Environment Cleaner Technologies Substitutes Assessment: Lithographic Blanket Washes By James Rea and Karen Seek, DfE Program In the lithographic printing industry, chemical formulations used to clean blanket cylinders on printing presses, or "blanket washes," can pose a threat to both workers and the environ- ment. Replacing a potentially hazardous blanket- wash with a less hazardous alternative can be an effective way to improve a facility's environmental perfor- mance, worker safety, and cost efficiency. Most smaller litho- graphic printing facilities, how- ever, do not have the time or resources to research alternative blanket washes. Recognizing this problem, EPA and members of the lithographic printing industry joined forces to form the Design for the Environment (DfE) Lithography Project. Project partners devel- oped a systematic methodology to evaluate 37 different commer- cially available blanket washes according to their environmental and human health risk, perfor- mance, and cost considerations. The combined results of these evaluations are compiled in the project's draft report, Cleaner Technologies Substitutes Assess- ment (CTSA): Lithographic Blanket Washes. The CTSA lists the chemicals used in various blanket washes and their properties; hazardous chemicals are noted, as are relevant federal environmental and safety regulations. Perfor- mance information included in the CTSA was gathered through laboratory tests and field dem- onstrations. The laboratory tests, conducted by the Graphic Arts Technical Foundation, focus on both the physical properties and the effectiveness of each blanket wash. Only those blanket washes which met minimum performance standards were used in the field demonstrations. Volunteer facilities tested these blanket washes in their shops for one week. During this time, press operators were asked to record the amount of product used, the length of time needed to clean the press, and their opinion of how well the product worked each time they used it, compared to a commonly-used blanket wash. Cost analyses of each blanket wash in the CTSA consider purchase price of the blanket wash, costs related to other materials needed, and labor hours required to use the blan- ket wash. Waste disposal, a potentially costly factor, is also considered. In addition, energy consumed in the use of each blanket wash is examined. The information presented in the CTSA can help lithographers make more effective choices as they seek to reduce risks to human health and the environ- ment. The DfE Lithography Project is currently developing shorter outreach documents based on the CTSA. These simple, action-oriented bulletins are tailored to the information needs of printers. To obtain a copy of the CTSA or other DfE products, or for more information about the Lithogra- phy Project, contact the Pollu- tion Prevention Information Clearinghouse (PPIC), tel: (202) 260-1023, fax.- (202) 260-0178, E-mail: ppic@epamail.epa.gov D CHEMICALS IN PROGRESS ------- I Pollution Prevention 1996 Pollution Prevention Trade Association Meeting For a day and a half in June, 144 attendees converged on the headquarters of the Chemical Manufacturer's Association (CMA) in Arlington, VA for the 1996 Pollution Prevention Trade Association Symposium. Co- sponsored by CMA and EPA, the conference was coordinated by the Pollution Prevention Trade Association Workgroup, a group of about 30 trade association staff who are committed to helping trade associations promote pollution prevention. The focus of the meeting was on pollution prevention models that trade associations could take back to their members. Dr. Lynn Goldman, Assistant Administrator for EPA's Office of Prevention, Pesticides, and Toxic Substances, opened the meeting with a talk on moving toward a performance-based system of environmental protec- tion based on pollution preven- tion. Topics intended to help trade associations justify pollu- tion prevention initiatives in- cluded a panel on making pollution prevention cost effec- tive, and a case study on "sell- ing" pollution prevention partnerships. Attendees represented over 50 different trade associations and several individual companies, as well as federal agencies, state governments, EPA Regional offices, press, and even a for- eign government. An informa- tion fair was held in conjunction with the symposium, where participants could meet each other and learn about various trade association and federal pollution prevention programs. The Pollution Prevention Trade Association Workgroup has produced an evolving document which details the pollution prevention resources available from trade associations, and a monthly informational forum known as the "Breakfast Club." The next Symposium will be held in the Spring of 1997, with a tentative focus on technology transfer — spotlighting the pollution prevention resources available to trade associations and helping them learn how they can serve as a technology center for their members. For more information, contact Leah Yasenchak at (202) 260- 7854 or at "Yasenchak.Leah® epamail.gov". B VOL 17 / NO. 1 SUMMER/FALL 1996 ------- I Lead, Asbestos, PCBs EPA Moves to Ensure Certified Help for Home Hazards from Lead-Based Paint On August 27, 1996, EPA an- nounced new requirements to ensure that the American public has access to well-trained and qualified professionals who can identify and address lead-based paint hazards in homes. The 1992 Residential Lead-based Paint Hazard Reduction Act (Title X) created a national approach addressing lead-based paint hazards in housing. Ap- proximately three-quarters of the nation's housing built before 1978 (approximately 64 million homes) contains some lead- based paint. When properly maintained and managed, this paint poses little risk. If improp- erly maintained, however, lead from paint in poor condition, contaminated household dust from cracking, peeling paint, and lead-contaminated soil can create significant health hazards, especially to children under the age of six. Over time, low-level exposure to lead from paint, dust, and soil can cause a range of health problems including permanent damage to the brain, nervous system and kidneys. Because of its effects on fetal development, lead exposure can also be harmful to pregnant women and women of child- bearing age. Recent data show that approxi- mately 1.7 million children have elevated blood levels, due primarily to exposure to lead- based paint hazards. Most of these children are in lower income, minority, urban areas where lead-based paint tends to be in poorer condition. The new requirements will ensure that professionals in four related fields receive training in lead-based paint identification and abatement methods, that training programs become accredited, and that lead profes- sionals are certified. The regula- tions also establish work practice standards for lead- based paint activities and a process by which states, Native American tribes and U.S. territo- ries may seek approval from EPA to administer programs. The new rule applies to indi- viduals or firms offering profes- sional services in the following disciplines: • Inspectors who examine homes for the presence of lead-based paint; • Risk assessors who evaluate homes for lead-based paint hazards; • Workers and supervisors who perform abatements to permanently eliminate lead- based paint from homes; and • Project designers who plan abatement activities. The rule requires these profes- sionals to be trained by accred- ited training providers and to be certified by the state or the federal government to perform these activities. Work practice standards are also being estab- lished to ensure that lead-based paint inspection, risk assess- ments, and abatements are performed safely, reliably and effectively. The program does not, however, require homeowners to have their homes inspected or abated. States, Native American tribes, and U.S. territories will have two years to apply to EPA for program approval. If they do not, EPA will administer the remaining programs. EPA will •continue to work cooperatively with states, tribes, and territories in developing their programs. The Agency has awarded $37 million in grants over the past three years to aid states, tribes, and territories for the purposes of assessing lead-based paint problems and to develop the necessary infrastructure to manage this program. Since 1991, EPA has provided funds to six regional lead training centers to train contractors to conduct lead-based paint activities safely, reliably and effectively. EPA's certification and accredita- tion program was developed Certified Help continued on page 16 m CHEMICALS IN PROGRESS ------- Lead, Asbestos, PCBs Preventing Lead-Based Paint Hazard Exposure Starts with Informed Families In a press conference on March 6, 1996, EPA Administrator Carol Browner and HUD Secretary Henry Cisneros announced the joint release of the Lead-Based Paint Notification and Disclosure Rule. Joined at the podium by Art Godi, the President of the National Association of Realtors, and Margaret Souser, a promi- nent lead-poisoning prevention advocate, the two Agency heads praised the new program for empowering parents with impor- tant lead poisoning prevention information. Browner noted: "Today's action is an important step forward in two areas of critical concern to the Clinton Administration: protecting the public from serious health threats, and arming the public with the information they need to protect themselves. The public has a right to know about toxic hazards in the community." The new disclosure rule is one of several EPA regulatory man- dates under Title X of the 1992 Housing and Community Devel- opment Act that develop the nation's infrastructure for man- aging lead-based paint hazards. Under the rule, home sellers and landlords must disclose known lead-based paint and lead-based paint hazards before sale or lease of older (pre-1978) housing. Sellers and landlords must also provide the buyer or renter with a government pam- phlet on lead exposure preven- tion and any available reports on lead in hazards in the home. Homebuyers are also entitled to a 10-day opportunity to have Under the rule, home sellers and landlords must disclose known lead-based paint and lead-based paint hazards before sale or lease of older housing. the home tested for lead. Under the law, agents share responsi- bility for ensuring compliance with the disclosure require- ments. The new requirements take effect on September 1 for owners of five or more dwelling units, and on December 1 for owners of four or fewer units. Most transactions to sell or lease public or private housing built before 1978 are covered by the new program. Excepted housing includes dwellings with no bedrooms, housing reserved for the elderly, and housing re- served for the handicapped over 6 years of age. The rule further exempts the following transac- tions: (1) rentals in housing that is "lead-based paint free," as determined by a state-certified inspector, (2) short-term rentals (rentals limited to 100-days or less), (3) foreclosure sales, and (4) lease renewals where disclo- sure has already occurred. At the press conference, Secre- tary Cisneros emphasized that the rule took a common-sense approach to giving families needed information without interfering with housing industry practice or the availability of affordable homes. The rule does not require any testing or haz- ard reduction efforts, leaving all hazard management decisions to the informed owners or occu- pants of the housing. Further, the negotiating parties have considerable flexibility as to how to work disclosure into the flow of the sales or rental transaction. Release of the final rule follows a 14-month effort to analyze and address over 200 comments on the proposed rule which was published on November 2, 1994. Commenters included states, localities, real estate groups, banking groups, environmental and public interest groups, and other interested parties. Based Expotun continued on next page VOL. 17 / NO. 1 SUMMER/FALL 1996 ------- I Lead, Asbestos, PCBs Exposure From previous page on their input, EPA and HUD made numerous revisions to the rule, building in flexibility for states with existing or planned disclosure programs. States can now seek approval of their state materials as substitutes for the federal program. State disclosure forms that contain the necessary disclosure elements can also be used to meet federal require- ments. The March 6 announcement marks the beginning of a con- certed outreach effort by the two agencies to raise public awareness about the importance of lead-based paint disclosure, lead-based paint exposure prevention, and safe and effec- tive lead-based paint hazard management. Announcement of the rule was covered in most major newspapers, and many local papers and broadcast media outlets. EPA is conducting mailouts to key leaders in state and local government, industry, and non-profit organizations. Certified Help From page 14 with input from states already administering this type of pro- gram, as well as from states and tribes seeking approval from EPA. These requirements strengthen the national infra- structure for the development of a trained workforce and provide protection to consumers who seek to obtain these services. For More Information Copies of the rule, pamphlet, and supporting documents are available through a variety of sources: • For a copy of Protect Your Family from Lead in Your Home, the sample disclosure forms, or the rule, call the National Lead Information Clearinghouse (NLIC) at (800) 424- LEAD, or TDD (800) 526-5456 for the hearing impaired. You may also send your request by fax to (202) 659-1192 or by Internet E-mail to ehc@cais.com. Visit the NLIC on the Internet at http://www.nsc.org/nsc/ehc/ehc.html. • Bulk copies of the pamphlet are available ($26.50 for 50 copies) from the Government Printing Office (GPO) at (202) 512-1800. Refer to the complete title or GPO stock number #055-000-00507-9. You may reproduce the pamphlet, for use or distribution, if the text and graphics are reproduced in full. Camera-ready copies of the pamphlet are available from the National Lead Information Clearinghouse. • For specific questions about lead-based paint and lead- based paint hazards, call the National Lead Information Clearinghouse. • The EPA pamphlet and rule are available electronically and may be accessed through the Internet as follows: Gopher: gopher.epa.gov:70/l 1/Offices/PestPreventToxic/ Toxic/lead_pm WWW: http://www.epa. gov/docs/lead_pm http://www.hud.gov Dial up: (919)558-0335 FTP: ftp.epa.gov (7b login, type "anonymous." Your password is your Internet E-mail address) CHEMICALS IN PROGRESS ------- Lead, Asbestos, PCBs Lead Environmental Justice Initiative: Graduation Day for Pilot Training Class This past Spring, a milestone was achieved in a pilot program to train unemployed people in lead abatement techniques. The origin of the program came in November 1993, when EPA's Administrator met with the Secretaries of the Departments of Health and Human Services and Housing and Urban Devel- opment to discuss various projects that could reduce or eliminate lead exposures to the public. Over the following two years, staff from EPA, HUD, and HHS cooperated in the planning of one of those efforts: a pilot program entitled the Lead Environmental Justice Initiative: Community-Based Lead Abate- ment Demonstration Project. The project offered state, local, or tribal governments the oppor- tunity to enter into partnerships with non-profit, community- based organizations through federal grant assistance. The partnerships would be respon- sible for planning and imple- menting community-based lead education/outreach, environ- mental lead monitoring, lead abatement technical training, and job creation activities. One of the six pilot program grants was awarded to Philadel- phia in September 1994. On March 1, 1996, the first class of Philadelphia trainees — made up of unemployed or under- employed residents of a Germantown neighborhood — graduated in a ceremony at LaSalle University. The highly motivated trainees (eleven men and four women) were the recipients of an intensive, eleven week technical lead abatement training and "life- skills" course administered by the Philadelphia Opportunities Industrialization Center. Nearly all of those selected for the training made it through the course. All of the trainees who completed the course passed the difficult certification test pro- vided by the State of New Jersey (in comparison, only about 60% of test takers from the general population pass similar testing) and one of the trainees received a perfect score. The licensed trainees are now performing a limited number of lead abatement activities in their neighborhood. They will also be enlisted in community demon- strations to show parents how they can take a few simple measures to prevent lead poi- soning in their children. B VOL 17 / NO. 1 SUMMER/FALL 1996 ------- Lead, Asbestos, PCBs PCB Rules Revised to Allow Import for Disposal EPA has issued a final rule under Section 6(e)(l) of TSCA to allow the import of polychlori- nated biphenyls (PCBs) at concentrations of 50 ppm or greater for disposal. The rule makes the PCB import regula- tions more consistent with the regulation of hazardous waste imports under international agreements and the Resource Conservation and Recovery Act. The rule was published in the Federal Register on March 18, 1996 (61 FR 11096), and went into effect the same day. Section 6(e)(l) allows EPA to regulate the disposal of PCBs, including those imported for disposal. Since May 1, 1980, U.S. borders have been closed to the import of PCBs at concentra- tions of 50 ppm or greater for disposal. In a December 6, 1994 proposal on the PCB Disposal Amendments, EPA solicited comment on allowing imports to occur (59 FR 62816-62817). This year's final rule amended the PCB regulations at 40 CFR Part 761, adding a new Subpart F which allows imports. This rule allows the import of PCB waste for disposal at con- centrations of 50 ppm or greater with 45-day advance notification to EPA. Importers must identify the parties involved, the types of waste, the source and move- ment of the waste, and disposal plans. The importer must accept all financial liability for the waste. Importers must re-notify EPA annually, or before con- ducting activities that deviate from the notice. All existing TSCA regulations apply to imported PCB waste; i.e, manifesting, packaging, storage, disposal, and record- keeping. All imported PCBs must be disposed of in facilities approved by EPA for the de- struction of PCBs. PCB waste imports will also be subject to all applicable federal and state requirements and international agreements. The new rule also allows the following imports of PCBs for disposal without prior notifica- tion: (1) import of limited quantities of PCB waste samples for analysis and disposal re- search and (2) "import" from U.S. territories outside U.S. customs territory. EPA retains the existing provisions that allow the import and export of PCBs for disposal at concentra- tions less than 50 ppm without restriction. The rule will benefit the United States by encouraging the safe removal of PCBs from areas near U.S. borders as well as other areas, without increasing the risk of injury to health or the environment in the United States. Copies of the final rule may be obtained by calling the TSCA Hotline at (202) 554-1404. 1 CHEMICALS IN PROGRESS ------- I Resources Register of Lists The Register of Lists (RoL) is an information system that tracks chemicals regulated by EPA. Useful both to EPA regulatory staff and those subject to EPA regulations, the RoL provides information on which chemicals are included on each list, which lists contain a given chemical, statutory/regulatory citations for listings, and program office contacts for more information. The RoL is updated semi-annu- ally; currently it contains 33 EPA lists with over 3,500 chemicals (and over 10,700 associated synonyms). For additional information, contact Linda Goodman, the RoL Systems Manager, at (202) 260-1521. OPPT Annual Report The first Annual Report of the Office of Pollution Prevention and Toxics is now publicly available. The report highlights OPPT activities during FY 1995 and may be obtained by calling the TSCA Hotline at (202) 554- 1404 or by faxing a request to 202-554-5603. 1994 TRI Data From page 3 toxic materials continues to increase." "Where there is room for con- cern," she added, "is that more waste was generated by indus- try in 1994 than in previous years, and projections suggest that trend may continue through 1996. Although the downward trends in releases into the environment mean much of the waste is being well-managed, the growth in waste production underscores an ongoing need for more pollution prevention strategies and cleaner technologies." Copies of the 1994 data are available from EPA's Emergency Planning and Community Right- to-Know Hotline, 401 M Street SW, Washington, D.C. 20460, tel: 800-535-0202, TDD 800- 553-7672. Chemical Use From page 3 products and waste; and toxic chemicals that leave the facility. This information would provide the public with a more compre- hensive picture of industrial environmental performance and toxic chemical releases in local communities. Copies of the ANPR and other information can be obtained from EPA's Emergency Planning and Community Right-to-Know Hotline at 401 M St. S.W., Washington, D.C. 20460 or by calling 1-800-535-0202, TDD 1- 800-553-7672. Electronic copies are available at http:// www.epa.gov/opptintr/tri. Comments must be received by EPA on or before December 30, 1996. Written comments should be submitted in triplicate to: OPPT Docket, TSCA Document Receipt Office (7407), U.S. EPA, "Putting information about local pollution into the hands of the public is the single most effective, common-sense tool available for protecting public health and environment." EPA Administrator Carol M. Browner 401 M St. S.W., Washington, D.C. 20460. Electronic com- ments may be submitted via oppt.ncic@epamail.epa.gov. 1 VOL. 177 NO. 1 SUMMER/FALL 1996 ------- |