SUPPLEMENT
NO. 6
JUNE 1978
Municipal Wastewater
Treatment Works
Construction Grants Program
References
Regulations -Guidance -Procedures
United States Environmental Protection Agency MCD 02.6
Washington, D.C. 20460
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TO HOLDERS OF THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
MANUAL OF REFERENCES - MCD-02:
PLEASE FILE THE ATTACHED CONSTRUCTION GRANTS PROGRAM
REQUIREMENTS MEMORANDA 78-11 and 78-12 IN SECTION II OF THE
MANUAL.
(ALSO ATTACHED IS A REVISED FOURTH PAGE FOR THE
TABLE OF CONTENTS.)
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Former
Memoranda Designation
PRM 75-36 Value Engineering in the EPA Construction PG-63
Grants Program
PRM75-37 User Charge System: Plan and Schedule PG-65
PRM 75-38 Relationship Between 201 Facility Planning PG-66
and Water Quality Management (WQM) Planning
PRM 75_39 Eligibility of Land Acquisition Costs for PG-67
the Ultimate Disposal of Residues from
Wastewater Treatment Processes
PRM 75_40 Priority List Supplement to FY 1977 PG-68
Construction Grants Guidance
PRM 76-1 - Construction Grants Program Issuances
PRM 76-2 Cancellation of Certain Program Guidance
Memoranda (PGM)
PRM 76-3 Presentation of Local Government Costs of
Wastewater Treatment Works in Facility Plans
PRM 76-4 Coordination of Construction Grants Program
with EPA-Corps of Engineers Section 404/Section
10 Permit Programs
PRM 76-5 Flood Insurance Requirements
PRM 77-1 Treatment Works for Recreational Parks, Industrial
Parks, and Institutions
PRM 77-2 Grant Eligibility of Start-up Services
PRM 77-3 Plan of Operation for Municipal Wastewater
Treatment Facilities
PRM 77-4 Cost Allocations for Multiple Purpose Projects
PRM 77-5 Grant Eligibility of Land Acquisition by Leasehold
or Easements for Use in Land Treatment and Ultimate
Disposal of Residues
PRM 77-6 Easements
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Memoranda
PRM 77-7 Management of State Project Priority Lists
PRM 77-8 Funding of Sewage Collection System Projects
PRM 77-9 Reallotment of Recovered Funds
PRM 78—1 Erosion & Sediment Control in the Construction
Grants Program
PRM 78-2 Discount Rate
PRM 78-3 “Buy American”
PRM 78-4 Grant Eligibility of Land Acquired for Storage
in Land Treatment Systems
PRM 78-5 Interim Management of FY 1978 State Priority
Lists Under the 1977 Amendments
PRM 78-6 Industrial Cost Recovery - Interim Guidance
PRM 78-7 Combined Step 2/3 Construction Grant Awards
PRM 78-8 Rejection of All Bids: Guidance for E.P.A.
Concurrence Function
PRM 78-9 Funding of Sewage Collection System Projects
PRM 78-10 Infiltration/Inflow Program Guidance
PRM 78-11 Toxicity of Chemical Grouts for Sewer Rehabilitation
PRM 78—12 Preconstruction Lag Management
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o c,._
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
s WASH(NGTON. DC. 20460
11 1AY 1q70
Construction Giants
Program Requl rements Memorandum
PRM No. 78-11
SUBJECT: Toxicity of Chemical Grouts for Sewer Rehabilitation
FROM: John T. Rhett, Deputy Assistant Administrator ,, .,
for Water Program Operations (WH-546)
TO: Regional Administrators
Regions I thru X
Purpose
This Program Requirements Memorandum provides an alert on the
potential health hazards associated with the field application of a
major chemical grout used in correcting sewer infiltration. The
grouting material is manufactured by American Cyanamid. Your
immediate action is requested in distributing this memorandum and the
attachment to all Construction Grant Program grantees.
Di scuss ion
In applying the AM—’ grout, a catalyst containing dimethyl amino
propionitrile (DMAPN) is used. On April 7, 1978, OSHA issued a health
hazard alert concerning DMAPN. It stated, There is no current permissible
exposure limit. It is unknown at the present time if there is any safe
limit for numan exposure to ESN (a trademark name for DMAPN). The use
of the material has been discontinued in plants in both Maryland and
Massachusetts, Accordingly, based on serious and immediate adverse
human health effects already evident imoerative that worker
exposure to ESN and its components be completely avoided. ”
The OSHA alert was based on operations involved in the manufacture
of polyurethane foam. However, on the basis of this alert, the Washington
Metropolitan Transit Authority recently requested that all future use of
this product (DMAPN) be stopped immediately and the product be removed
from all of its subway construction sites. DMAPN had previously been
used in grouting operations in subway tunnels.
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Action
1. Distribute this memorandum and the attached OSHA alert to the State
Agencies in your region and to all grantees who are or may potentially
be using the above chemical grouts in sewer rehabilitation projects.
2. There are already efforts underway to continue grouting ‘;ith AM-9
using a different catalyst agent. However, we understand that the
production of AN—9 will be discontinued as of July 31, 1978. in
view of this and the health related concerns discussed above,
please assess the impact of these events on the infiltration/inflow
program as it relates to the overall nianagement of the Construction
Grant Program. You will be notified as soon as additional information
becomes available. Please keep me advised of your findings and
conclusions.
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OSHA HEALTH HAZARD ALERT: NLAX Catalyst ESN
It has come to OSHA’s attention that your firm has used and may
still be using NIAX catalyst ESN (registered TM, UniOn Carbide). ESN is
composed of two chemicals: (1) dimethyl amino propionitrile, and (2)
BIS—2, dimethyl amino ethyl ether. The material is chiefly used as a
catalyst in certain polyurethane foam production operations.
There have been documented reports on serious adverse health
effects among male and female employees exposed to ESN in plants in both
Maryland and Massachusetts. The most striking symptoms uniformly reported
by afflicted workers are those of urinary dysfunction. in one Maryland
plant 69 of 101 workers questioned complained of difficulty starting
urination, pain and burning on voiding, incomplete emptying of the
bladder, slowness in expelling urine, and other urinary problems. There
have also been employee reports of impotence and sexual difficulties. A
few individuals have received urological surgery. There is evidence
that for a smaller number of employees toxic effects of ESN include
damage to the nervous system (peripheral neuropathy) with symptoms of
muscle weakness, loss of balance and coordination, numbness, tingling,
and loss of feelings. ESN exposure may also cause liver dysfunction.
Employees have reported symptoms of toxic effects after as few as
three of ESN exposure. Ifl addition to tnese immediate urinary and
neurological effects, exposure to ESN can lead to serious and permanent
health damage to the afflicted worker.
The material has moderate to severe toxicity by the skin, inhalation,
and oral routes of administration in acute animal studies. OSHA has not
found any animal toxicology data on long-term or chronic effects of ESN
exposure.
There is no current permissible exposure limit. It is unknown at
the present time if there is any safe limit for human exposure to ESN.
The use of the material has been discontinued in plants in both Maryland
and Massachusetts. Accordingly, based on the serious and immediate
adverse human health effects already evident, it is imperative that
worker exposure to ESN and its components be completely avoided. It is
also essential that employers take the following actions regarding ESN:
1) Inform all employees of the possible adverse health effects of
exposure.
2) Provide all employees with a copy of this telegram.
3) Advise all employees with symptoms described in this notice to
see a physician and show him/her this message. The physician
should be made aware that the urological complaints have been
mistaken for non-occupationally caused prostatic or bladder
disease.
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4) Urge all employees with symptoms to report them to OSF , to
their bargaining agent if there is one, and to the corporate
medical department if any.
5) Advise the corporate medical department or other designated
physician to inform OSHA promptly of all employee reports of
symptoms described above.
Those involved should contact the OSHA regional administrator to
convey all employee reports of symptoms. A complete list of OSH regional
administrators is attached as an appendix to this documentS Physicians
and others seeking more technical or medical information on health
effects of ESN should call the OSHA regional administrator for referral.
Further, since serious physical harm to employees has taken place after
short periods of exposure to ESN, OSHA compliance officers have been
directed to institute imminent danger proceedings where appropriate
measures have not been taken to eliminate this exposure.
Workers exposed to the individual components of ESN, alone or in
combinatioi with other chemical compounds, should be investigated for
similar adverse health effects, with particular reference to urinary
tract symptoms.
Eula Bingham
Assistant Secretary for Occupational
Safety and Health
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OSHA Regional Administrators
(NJ,
(DE,
(AL,
(IL,
/ ar.’
mj- rc,
(IA,
(CO.
NY,
DC,
FL,
I N
LA,
KS,
-r
PR,
MD,
GA,
N It
NM
If.’
Iu,
ND,
VI)
PA,
V
UK,
N B)
SD,
1.
Region
I -
Gilbert Saulter
617-223-5535
(CT, ME,
MA, RI, VT)
2.
Region
I i —
Alfred Barden
21 2-399-5941
3.
Region
III
— David Rhone
215-596-1206
4.
Region
IV —
Allan McMil Ian
404-881-2305
5.
Region
V —
Berry ‘-]hite
31 2-353-4716
6.
Region
VI -
Robert Wendell
214-749-3473
7.
Region
VII
— Vernon Strahmn
816—374-5048
8.
Region
VIII
— Curtis Foster
303-837-3416
9.
Region
IX -
Gabrel Glilotti
415-556-0566
(AZ, CA,
Terr.,
GD,
N. Mariannas)
10.
Region
X -
James Lake
206-442-5930
(AK, ID,
OS, WA)
VA , WV
MS, NC, SC, TN)
OH, 4 1)
TX)
UT, WY)
‘I
HI, ‘d , Am. Sam. , Trust
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S1q
____ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
4 L PRO
JUN 12 B
OFFICE OF WATER AND
HAZARDOUS MATERIALS
CONSTRUCTION GRANTS
Program Requirements Memorandum
PRM #78-12
SUBJECT: Preconstruction Lag Management
FROM: John 1. Rhett, Deputy Assistant Administrator
for Water Program Operations (WH-546)
TO: Regional Administrators
ATTN: Water Division Directors
PURPOSE :
The purpose of this memorandum is to establish Agency policy regarding
the management of preconstruction lags.
DISCUSSION :
Section 35.935—9 of the current construction grant regulations states
that, if construction of a Step 3 project is not initiated within one year
after award, grant assistance will be terminated. This section also provides
that the Regional Administrator may defer such termination for not more than
six additional months, if there is good cause for the delay in initiation of
construction.
Because of a continuing history of failure by grantees to initiate
construction on their projects within a reasonable period of time following
award of the Step 3 grant, a program for the management of these lags must
be decisive so as to minimize the number and value of projects in
preconstruction over an extended period. Measures, such as anticipating
problems early, having a plan of control, taking the lead in overcoming
delays, and emphasizing to the grantee that his grant may be terminated or
annulled and an enforcement action initiated must be included in such a
program.
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The proposed technical amendments published in the FEDERAL REGISTER
on June 2, 1978, has revised Section 35.935-9 to read as follows:
35.935-9 Project initiation and completion.
(a) The grantee agrees to expeditiously initiate and complete the
Step 1, 2 or 3 project, or cause it to be constructed and completed, in
accordance with the grant agreement and application, including any
project schedule, approved by the Regional Administrator. Failure of
the grantee to promptly initiate Step 1, 2 or 3 project construction may
result in annulment or termination of the grant.
(b) No date reflected in the grant agreement, or in the project
completion schedule, or extension of any such date, shall be deemed to
modify any compliance date established in an NPDES permit. It is the
grantee’s obligation to request any required modification of applicable
permit terms or other enforceable requirements that may be affected by
an extension.
(c) The invitation for bids for Step 3 project work is expected to
be issued promptly after grant award. Generally this action should occur
within 90 to 120 days after award unless compliance with State or local
laws requires a longer period of time. The Regional Administrator shall
annul or terminate the grant if initiation of Step 3 construction, including
all significant elements of project work, has not occurred within 12 months
of the award of Step 3 grant assistance (or approval of plans and specifica-
tions, in the case of a Step 2+3 grant). However, the Regional Administrator
may defer (in writing) the annulment or termination for not more than 6
additional months if:
(1) The grantee has applied for and justified the extension in
writing to the Regional Administrator;
(2) The grantee has given written notice of the request for
extension to the NPDES permit authority;
(3) The Regional Administrator determines that there is good
cause for the delay in initiation of project construction; and
(4) The State agency concurs in the extension.
POLICY :
Beginning September 1, 1978, to obtain a deviation from 40 CFR 35.935-9,
for deferment beyond 18 months, it shall be Environmental Protection Agency
(EPA) policy that the grantee must document that the delays are due to
circumstances beyond his control and provide certification that construction
will be initiated by the deferment date in the deviation request. Such dates
must be within a brief and strictly limited period of time.
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No determination should be made by the Regional Administrator to extend
the required date for initiation of construction of a project, or any segment,
until prior approval has been obtained from the State agency. If an
extension of time is not approved by either EPA or the State, the EPA
Regional Office should take immediate action to terminate or annul the
grant. The funds can then be utilized for other projects within the
State, consistent with the State project priority system.
IMPLEMENTATION :
Regional Office personnel shall coordinate all actions with the
Enforcement Division and Permits Branch in implementing the above policy
as follows:
1. Immediately review the current construction lag report for all
projects with a construction lag in excess of 12 months without
an approved extension and in excess of 18 months without a granted
deviation. Select projects for termination or annulment. For those
projects which the Regional Administrator has assured himself will
be under construction in a reasonable amount of time, an official
extension may be granted or deviation requested, as appropriate.
Other projects should be considered for termination or annulment
and enforcement action.
2. Immediately review all projects which have not gone to construction
by the end of six months after Step 3 grant award and classify them
as being in “Delayed Status.” Immediately relay this information
to the Director, Enforcement Division.
3. Immediately review all projects which have not gone to construction
within 120 days of Step 3 grant award and determine if invitations
for bids have been published. Classify those projects which have
not been advertised as being in “Delayed Status” and relay this
information to the Director, Enforcement Division.
4. Continually maintain the Preconstruction Lag Report in detail.
Instructions for maintaining the Preconstruction Lag Report are
contained in References B & C below.
5. Continually monitor all projects on the Preconstruction Lag Report
to spot potential problem projects.
6. At the time that projects are classified as being in “Delayed Status,”
require detailed preconstruction schedules from grantees and aggres-
sively pursue the implementation of these schedules. Monthly, Area
Program Managers in Headquarters will determine the status of all
“Delayed Status” projects, either by telephone or by visits to the
Regional Offices. Area Program Managers will also analyze the
Preconstruction Lag Report and discuss problem aspects with the
Regions.
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7. In the seventh month after Step 3 grant award, advise the grantee
that a very real potential exists, both for the termination or
annulment of his project at the end of one year and for possible
enforcement action. Advise the grantee to review his alternative
approaches for solving the problem which is delaying construction.
For projects delayed by circumstances under the grantee’s control,
advise the regional Enforcement Division of the situation, including
a recommendation for action from the Water Division.
8. Between the seventh and twelfth month, determine if “Delayed Status”
projects can be brought to construction. If construction cannot
be started before the end of the twelfth month and, if it is
reasonably assured that construction can be started within a six
month extension period, obtain from the grantee the documentation
required by the above policy.
9. At the end of the twelfth month, terminate or annul “Delayed Status”
grants in accordance with the above policy if documentation does not
justify extension. Refer grantee to the Enforcement Division for
more extensive enforcement action.
REFERENCES
A. 40 CFR 35.935—9, Project Completion.
B. Memorandum to Regional Administrators from John T. Rhett,
“Construction Grants Projects Not Yet Under Construction,”
November 5, 1976.
C. Memorandum to Water Division Directors from John 1. Rhett,
“Preconstruction Status Report,” May 25, 1977.
D. POM 77-12, “Management of Preconstruction Phase of Step 3
Grants,” June 21, 1977.
*U.S. Government Printing Office: 1918-777-066/1124 RegiOn 8
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