&EPA
           United States
           Environmental Protection
           Agency
           Office o( Solid W««te
           end Emergency Response
April1992
Report of the EPA
Hazardous Substances
Task Force
                                 :%?:• Printed on Recycled Paper

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   REPORT OF THE EPA

HAZARDOUS SUBSTANCES

       TASK FORCE
   Office of Solid Waste and Emergency Response
     U.S. Environmental Protection Agency
         Washington, DC 20460
           April 30,1992

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                                TABLE OF CONTENTS

                                                                              Page

ACKNOWLEDGEMENTS	    v

HAZARDOUS SUBSTANCES TASK FORCE MEMBERS 	   vii

EXECUTIVE SUMMARY 	   be

CHAPTER 1: INTRODUCTION 	    1

           1.1  Background	    1
           1.2  Hazardous Substances Under CERCLA	    1
           1.3  EPA and NRT Task Forces 	    2
           1.4  Non-Task Force Activities	    4
           1.5  Organization of the Report	    5

CHAPTER 2: REPORT FROM WORKING GROUP ONE:
           BACKGROUND AND RELEASE TRENDS 	   7

           2.1  Introduction	   7
           2.2  Case Study of the Cantara Loop Train Derailment	   7
           2.3  Notification  Requirements	   9
           2.4  Analysis of Historical Releases	   10

CHAPTER 3: REPORT FROM WORKING GROUP TWO:
           SHORT-TERM INNOVATIVE SOLUTIONS 	   19

           3.1  Introduction	   19
           3.2  Criteria for Regulating Potentially Dangerous Substances in Transportation ....   20
           3.3  Innovative Non-Regulatory Solutions	   21
           3.4  Outreach  	   23

CHAPTER 4: REPORT FROM WORKING GROUP THREE:
           LONGER TERM REGULATORY SOLUTIONS	   27

           4.1  Introduction	   27
           4.2  Clarification of Reporting Requirements	   28
           4.3  Additional Reporting	   29
           4.4  Designation  of Hazardous Substances	   32


ACRONYM LIST   	    39

APPENDICES

      A.   CASE STUDY OF THE JULY 14,1991 CANTARA LOOP
           TRAIN DERAILMENT

      B.   SUMMARY OF OPEN FORUM PRESENTATIONS
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                                    ACKNOWLEDGEMENTS
    This report could not have been possible without the great time and effort put forth by all members of
the Hazardous Substances Task Force.  Timothy Fields, Jr. provided able leadership in his capacity as Task
Force Chair.  Special appreciation is extended to the chairpersons of each Working Group: David
Ouderkirk of the Response Operations Branch, chair of the Background and Release Trends Working
Group; Jim Jones of the Office of Prevention, Pesticides,  and Toxic Substances, chair of the Short-Tenn
Innovative Solutions Working Group; Barbara Hostage of the Response Standards and Criteria Branch,
chair of the Longer-Term Regulatory Solutions Working Group; and John Riley, Chief of the Response
Standards and Criteria Branch, chair of the Coordination  and Communications Working Group.
Additionally, the contributions of Dorothy Canter, Science Adviser to the  Assistant Administrator for
Solid Waste and Emergency Response, the many other EPA employees, and the representatives of the
Federal agencies participating with EPA in this effort are greatly appreciated.

    The efforts of the Task Force are rewarded by the impact its work and recommendations reflected in
this report will have on the protection of human health and the environment in the future.
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                     HAZARDOUS SUBSTANCES TASK FORCE MEMBERS


Timothy Fields, Jr., Chair      EPA, Office of Emergency and Remedial Response (OERR)

Background and Release Trends Working Group

David Ouderkirk, Chair       EPA, OERR
Jack Arthur                 National Library of Medicine (NLM)
Terry Brubaker              EPA, Region 9
David Donaldson             Department of Transportation (DOT), Office of Hazardous Materials
                           Safety (OHMS)
Lt J.G. Mike Ernesto         U.S. Coast Guard
John Ferris                  EPA, Chemical Emergency Preparedness and Prevention Office (CEPPO)
Kevin Garrahan              EPA, Office of Research and Development (ORD)
Tom Gomez                Agency for Toxic Substances and Disease Registry (ATSDR)
Henry Hudson               EPA, Region 4
Bob Walter                  DOT, Transportation Systems Center
Tom Yatabe                EPA, Region 4
Laurie Kermish              EPA, Region 9

Short-Term  Innovative Solutions Working Group

Jim Jones, Chair             EPA, Office of Prevention, Pesticides, and Toxic Substances (OPPTS)
Tom Beisswenger             EPA, Office of General Counsel (OGC)
Kathleen Bishop             EPA, CEPPO
Dorothy Canter              EPA, Office of Solid Waste and Emergency Response (OSWER)
Richard Carnevale            Department of Agriculture (USDA), Food Safety and Inspection Service
Denny Dobbin               National Institute of Environmental Health Sciences (NIEHS)
Jim Falk                    USDA, Agricultural Marketing Service (AMS)
Jill Gallagher                EPA, Office of Pesticide Programs (OPP)
John Gustafcon              EPA, CEPPO
Theresa Gwynn              DOT, OHMS
Barbara Hostage             EPA, OERR
Kevin McShane              EPA, OERR
Craig Reed                  USDA, AMS
Jim Roelofe                  EPA, OPP
Ralph Ross                  USDA, Animal, Plant, and Health Inspection Service
Steve Specht                Department of the Interior (DOI), Office of Environmental Affairs
                           (OEA)

Longer Term Regulator; Solutions Working Group

Barbara Hostage, Chair       EPA, OERR
John Austin                 EPA, Office of Solid Waste (OSW)
Tom Beisswenger             EPA, OGC
Dorothy Canter              EPA, OSWER
Jim Cogliano                EPA, ORD
John Dement                NIEHS
John Ferris                  EPA, CEPPO
John Gale                   DOT, OHMS
Jill Gallagher                EPA, OPP
Gene Gilbert                USDA, Soil Conservation Service


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               HAZARDOUS SUBSTANCES TASK FORCE MEMBERS (Continued)
 Ricardo Gomez
 Frank Gostomski
 Hollis Hall
 Henry Hudson
 Vera Hudson
 Jim Jones
 Larry Longanecker
 Bill Opfer
 Gerain Perry
 Christopher Prins
 Craig Reed
 Jim Roelofs
 Steve Specht
 Sandra S. Susten
 Dave Topping
 Hubert Waiters
 Dave Williams
 USDA, Extension Service (ES)
 EPA, Office of Water (OW)
 USDA.ES
 EPA, Region 4
 NLM
 EPA.OPPTS
 EPA, Office of Pollution Prevention and Toxics (OPPT)
 USDA, Forest Service (FS)
 EPA, OERR
 EPA, OSWER
 USDA, AMS
 EPA, OPP
 DOI, OEA
 ATSDR
 EPA, OSW
 EPA, OERR
 EPA, OPPT
Coordination and Communication Working Group
John Riley, Chair
John Gustafson
Kevin McShane
Douglas Parker

Members -at-Large

Gerald Clifford
Sandra Connors
Becky Daiss
William Farland
Bill Hanson
Kathy Kaufman
Joseph Lafornara
James O'Steen
Jim Parochetti
Richard Parry
Cynthia Puskar
Nancy Ragsdale
Vanessa Rodriguez
Joe Schive
Cecilia Smith
Pat Spirer
David Tordoff
Wendy Wagner
EPA, OERR
EPA, CEPPO
EPA, OERR
USDA.FS
EPA, OERR
EPA, Office of Enforcement
EPA,ORD
EPA.ORD
EPA, OSWER
EPA, Office of Air and Radiation
EPA, OERR
DOT, OHMS
USDA, Cooperative State Research Service
USDA, Agricultural Research Service
EPA,OW
USDA, Office of Science and Education
EPA, CEPPO
EPA, Office of Waste Programs Enforcement (OWPE)
EPA, OWPE
DOT, OHMS
EPA, Region 1
USDA, OGC
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                                 EXECUTIVE SUMMARY
BACKGROUND

    On July  14, 1991, several Southern  Pacific
railway cars derailed on the Caniara Loop near
Dunsmuir, California! One of these railway cars
ruptured and released approximately 19,500 gallons
of  the  herbicide   metam  sodium  into   the
Sacramento River.   As a result of the spill,  the
surrounding environment along a 45-mile stretch
of the river and portions of Lake Shasta were
significantly affected, more than 200,000 fish were
killed, and several hundred people were treated for
eye, skin, and respiratory irritation.

    Metam sodium  is not  a  listed hazardous
substance under the Comprehensive Environmental
Response,  Compensation,   and  Liability  Act
(CERCLA), aor was the metam sodium shipment
regulated   by  the   U.S.   Department   of
Transportation (DOT) as a hazardous material
pursuant   to  the   Hazardous   Materials
Transportation Act (HMTA). However, its release
was subject to CERCLA notification and liability
provisions  because  the  metam sodium rapidly
hydrolyzed and decomposed into  at  least three
specifically listed CERCLA hazardous substances,
and  because  the released  substance became a
hazardous waste under the Resource Conservation
and Recovery Act (RCRA).

    Early  assessments of the situation failed to
indicate that  a  release  of metam sodium  had
occurred.   Once  the release  was  discovered,
however,  an  incident  command  system  was
established, under the direction of the California
Department of Fish and Game, to coordinate  the
response efforts of more than 60 different Federal
and  State  agencies  and  hundreds of response
personnel.   In addition to  participating at  the
scene, EPA  issued  an  enforcement order  to
Southern  Pacific,  requiring that  the railroad
undertake response actions. EPA also accessed the
CERCLA  Trust Fund to  implement a  plume
interdiction operation at Lake Shasta.

THE HAZARDOUS SUBSTANCES TASK
FORCE

     Although this spill of metam sodium  did
trigger the  notification,  response, and liability
provisions of CERCLA, it points to the fact that
many chemicals that are potentially hazardous to
human  health  and  the environment  are  not
specifically listed under CERCLA and do not meet
DOT'S criteria as hazardous materials, even though
such chemicals may pose a significant hazard upon
release. As such, the spill raised public concerns
that the regulatory framework of the  Federal
government often overlooks many chemicals that
are, or potentially could be, hazardous to human
health and  the environment   It  called  into
question the ability of the Federal government to
prevent and respond to future releases similar to
the Cantara Loop release.

    To respond to these concerns, EPA Assistant
Administrator for Solid Waste and  Emergency
Response  (OSWER),  Don Clay, in consultation
with  the  EPA  Assistant  Administrator  for
Prevention, Pesticides, and Toxic Substances, Linda
Fisher, established the Hazardous Substances Task
Force. The task force was charged with examining
the issues associated with  the expansion of  the
CERCLA hazardous substance list,  as  well  as
identifying  public  health  and  environmental
hazards  for  purposes  of  further  regulating
environmentally   hazardous   material  in
transportation. The task force also was instructed
to look beyond the Agency's traditional regulatory
framework to identify innovative approaches that
would enhance protection of human health and the
environment.

    Although the focus of the task force was on
EPA responsibilities and additional activities that
could be taken by the  Agency, the problems that
arose were not solely within EPA's authority and
expertise.  Thus the task force was a coordinated
Federal effort,  involving  representatives  from
several Headquarters offices and Regions within
EPA and a variety of other Federal entities: the
Departments of Transportation,  Agriculture, and
Interior,  the  U.S.  Coast Guard; the National
Institute for Environmental Health Sciences; the
Agency for Toxic Substances and Disease Registry,
and the National Library of Medicine.

    The  task  force  established  four  working
groups.  Briefly, the working groups and their key
responsibilities were as follows:
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    The Background and Release Trends Working
    Group, established to provide the technical
    data and analyses necessary to identify and
    characterize past releases.

    The Short-Term Innovative Solutions Working
    Group, which focused on (1) identification of
    ecological and human health criteria that DOT
    may consider for use in identifying substances
    to be  regulated  as hazardous  materials  in
    transportation,  and  (2)  short-term  public
    information,   training,   and   information
    exchange opportunities.

    The Long-Term Regulatory Solutions Working
    Group, whose objective was to analyze existing
    statutory  and  regulatory  authorities  and
    identify and develop regulatory options for
    addressing releases of potentially  dangerous
    substances, including those  not  currently
    regulated as CERCLA hazardous  substances
    or DOT hazardous materials.

    The   Coordination   and   Communications
    Working Group, established to ensure the
    sharing of information among  the working
    groups and  to develop  a communications
    strategy for the task force's findings.   This
    working group also served as the point  of
    coordination and contact with related activities
    being undertaken  by the National Response
    Team (see below).

    In addition to the EPA Task Force, Assistant
Administrator Don  Clay  requested  that the
National  Response   Team   (NRT)  form  an
interagency task force to evaluate the Federal role
in regulating substances that pose human health
and  environmental threats  and  can  result  in
significant  natural  resource  damages,  and  to
recommend actions  for  improving interagency
coordination on these issues.  The work of the
NRT Task Force, which was chaired by DOT, was
coordinated through the EPA Task Force.  The
NRT Task Force Report will be issued  separately,
after  it has  been reviewed  by the 15  Federal
agencies comprising the NRT.

TASK FORCE RECOMMENDATIONS

    In this report, the  task force makes a number
of recommendations.  The key recommendations
fall into three broad areas and are summarized in
Exhibit ES-1.

TASK FORCE ACHIEVEMENTS

    In the process of carrying out  its work and
developing  recommendations,  the  Hazardous
Substances Task Force completed  a number  of
activities.  These accomplishments consist of both
short-term,  stand-alone   achievements   and
achievements that lay the ground work for action
on the various task force recommendations.

    Short-Term Achievements

    The short-term, completed achievements of the
task force include:

7   Designation  of  a workgroup  to develop
    ecological and  human health  criteria for
    consideration   by   DOT   in   identifying
    potentially dangerous substances for regulation
    as hazardous materials because they may pose
    a significant environmental or human health
    hazard  if  released during transportation
    accidents.

J   Convening   of  an   Open   Forum   for
    representatives  of  interested   government
    agencies, industry, labor, and environmental
    groups, and the general  public to exchange
    information  about  initiatives   and  other
    activities that could be taken to enhance the
    prevention  and   control  of  releases  of
    potentially dangerous substances.

7   Development  of a  draft Federal  Register
    notice  that   clarifies  and   reiterates  the
    requirement under CERCLA to immediately
    report  releases  of substances  that  form
    ignitable, corrosive, reactive, or toxic wastes
    (i.e.,   RCRA  characteristic  wastes)  when
    released into the environment Metam sodium
    is an example of such a substance.

J   Development, publication, and distribution of
    a technical bulletin providing information on
    metam sodium, its uses, its environmental and
    human health effects, and ways in which it  is
    regulated.
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                                           EXHIBIT ES-1

                            KEY TASK FORCE RECOMMENDATIONS



Development of criteria to identify potentially dangerous substances.

•   Finalize development of the  ecological and human health criteria for transportation incidents, and provide
    support to DOT in toe development of appropriate hazardous materials transportation regulations.

•   Resolve issues related to designation of Extremely Hazardous Substances as CERCLA hazardous substances
    prior to proceeding with  the further development of designation criteria under CERCLA

•   Thoroughly review the approach utilized by the task force in developing screening criteria for hazardous
    substances designation, and consider, as necessary and appropriate, the convening of an interagency workgroup
    to develop additional criteria or take other actions to refine or expand upon that work.


Expanded availability of Information about potentially dangerous substances.

•   Work with groups representing chemical manufacturers, NIOSH, and the Occupational Safety and Health
    Administration (OSHA)  in the Department of Labor to ensure that Material Safety Data Sheets (MSDSs)
    include any information that may be pertinent to: (1) possible breakdown products that may form and (2) any
    hazardous characteristics (e.g., ignitability, reactivity, or corrosivity) that may be displayed when substances are
    released into the environment.

•   Develop additional advisories on potentially dangerous substances for distribution to State emergency response
    commissions (SERCs), local emergency planning committees (LEPCs), local governments, unions, the general
    public, and public and private responders and response organizations. Topics could include information on
    substances that are most toxic, released most frequently, or in the greatest quantity, or those that are responsible
    for the most injuries, death, or property and environmental damage.


Enhanced notification and response procedures and capabilities.

•   Expand centralized reporting  to the National Response Center (rather than separate reports to a variety of
    governmental agencies), and develop a mechanism for updating and correcting  initial reports of information on
    releases of potentially dangerous substances.

•   Work with industry trade associations to promote voluntary reporting to the National Response Center of any
    release that results in "significant harm," including all releases that cause death, injury, environmental damage,
    or exceed some specified quantity (e.g., 10,000 pounds).

•   Develop and make widely available regional, State, and local contingency plans that clearly and simply delineate
    the roles and responsibilities  of agencies, departments, and other organizations that may be involved in an
    emergency response.

•   Widely disseminate comprehensive information on available training opportunities for emergency responders, and
    promote greater coordination among training providers to make the most of existing training resources.  Provide,
    as necessary, more and better training to workers on the use of contingency plans during an emergency release.

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y   Development  of  an  advisory  to  alert
    transporters  and first responders  of  the
    hazards and reporting requirements that may
    arise when there is a release of substances that
    rapidly form or become CERCLA hazardous
    substances when they  are released into  the
    environment

    Long-Term Achievements

    In addition to these specific and  significant
accomplishments,  a  number  of   additional
achievements will lay the ground work for future
actions  taken  as  a   result  of  task  force
recommendations.   Specifically, the task  force
completed the following additional activities:

y   A case study of the Cantara Loop incident,
    which reviews the  response  effort at  the
    Federal, State, and local levels, and illustrates
    that there is a need for  contingency  plans
    throughout the country that are clearer and
    more  direct  in assigning  responsibilities,  as
    well as increased  training of workers who may
    have to  respond to releases  of potentially
    dangerous substances.

y   A review of State and Federal requirements to
    report   releases  of   potentially  danger
    substances that shows some inconsistencies in
    different  reporting  requirements and  the
    potential for confusion and duplication.

y   An analysis of historical releases of potentially
    dangerous substances that have caused death,
    injury, or serious environmental damage.

y   Identification  of several  regulatory  and
    guidance options that would  enhance  the
    likelihood that  the National Response Center
    would be notified of any release that directly
    causes significant adverse effects  to human
    health or the environment.

y   Evaluation  of  different  approaches  for
    designating additional chemicals as hazardous
    substances under  CERCLA,  including  (1)
    immediately  designating a chemical that  has
    caused significant damage as a result of a
    release,  and (2) designating the MARPOL
    Annex III pollutants (which include metam
    sodium).
y  Development and  evaluation of an overall
    strategy for identifying chemicals that should
    be considered for designation as hazardous
    substances under  CERCLA,  including  an
    analysis  of  the  RTECS,  AQUIRE,  and
    MERCK databases to identify substances that
    pose acute, chronic, and carcinogenic human
    health hazards or aquatic toricity hazards, or
    that  exhibit characteristics of ignitability or
    reactivity. Preliminary analyses indicate that
    between 1,500 and 2,000 substances have been
    identified as potentially dangerous, warranting
    further evaluation.

IMPLEMENTATION OF TASK FORCE
RECOMMENDATIONS

    EPA  is  moving  forward expeditiously  to
implement the task force recommendations. The
EPA  Office of Pollution Prevention  and Toxics
(OPPT) will continue to take lead responsibility
for developing ecological and  non-acute human
health criteria for identifying potentially dangerous
substances in transportation so  that DOT may
consider   incorporating the   criteria  into  its
hazardous materials regulations.  OPPT also will
take  lead  responsibility for coordinating  EPA
support to the DOT rulemaking effort.

    The EPA Office of Emergency and Remedial
Response  (OERR)  will  continue  to  develop
criteria for designating additional chemicals  as
hazardous  substances under  CERCLA.   The
criteria may  be used to  identify high  priority
substances for EPA advisories, as  well as  possible
designation under CERCLA.

    OPPT will work with  OERR to revise the
draft policy statement interpreting section 8(e) of
the Toxic  Substances Control Act  (TSCA)  to
enhance the likelihood that the National Response
Center  will  receive  reports  of releases  of
potentially dangerous substances.  OPPT also will
take  the  lead  in requiring  manufacturers  to
communicate to potential users that their product
poses  an  environmental   hazard;   this
communication  may be accomplished   through
product labels or information on MSDSs.

    OERR will take the lead  in  developing
additional advisories and guidance documents  to
assist facilities in complying with existing CERCLA
notification requirements. The clarification notice
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also  will be published in  the  Federal  Register.
clarifying  CERCLA  notification  and  liability
provisions that apply to substances that become
RCRA characteristic wastes when released into the
environment.  The notice also may address  the
CERCLA notification requirements that pertain to
potentially dangerous substances that rapidly form
CERCLA hazardous substances when released,

    OERR will convene a workgroup to identify
options  for improving the quality of EPA data on
release incidents, effects, and response, including
expanding   ERNS   to   include   information
confirming data supplied during the initial release
reports to the National Response Center.

    The EPA Chemical Emergency Preparedness
and Prevention Office (CEPPO) will work with the
Regional Title III Coordinators to ensure that
local emergency exercises test both the procedural
and technical features of the LEPC plans, and will
work to ensure a more  active role for Regional
Response Teams in reviewing LEPC plans as well
as area plans under the Oil Pollution Act of 1990.

    Finally,  OSWER will ensure that  hazardous
materials training curricula include procedures for
notification  as well as information on technical
issues  facing  transporters  in the event of a
hazardous materials release, and will work through
the NRT  Training Committee to ensure  that
Federal training courses cover both procedural and
technical issues.
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                                        CHAPTER 1
                                     INTRODUCTION
1.1 BACKGROUND
    On July 14, 1991, a diesel locomotive and six
Southern  Pacific  railway cars  derailed  on the
Cantara Loop near Dunsmuir, California, falling
25 feet  down a  rocky  embankment  into  the
Sacramento River. Although Southern Pacific first
reported the incident as a minor train derailment
to the National Response Center, it was  learned
several hours later that one of  the railway cars
carrying the herbicide metam sodium had ruptured.
Approximately 19,500  gallons of metam  sodium
spilled into the river through several holes in the
wall of the tank car.  As an immediate precaution,
the Sheriffs Department issued an advisory to the
citizens of Dunsmuir to stay away from the  river
and to close their windows. Following the metam
sodium spill, an incident command  system was
established that,  under  the direction  of  the
California  Department  of  Fish and  Game,
successfully coordinated the  response efforts  of
more than 60 different  Federal and State agencies
and hundreds of response personnel.

    The tank car carrying metam sodium was not
marked for special handling, but was labeled "weed
kl" for weed killer, and the bill of lading showed
that the  car  carried  metam sodium.   As  a
herbicide, metam sodium is a soil disinfectant that
is used to treat soil fungi,  nematodes, and soil
insects.  Its spill had a devastating effect on the
surrounding environment, heavily damaging a 45-
mile stretch of the Sacramento River and portions
of Lake Shasta, into which the  river flows.  In
addition, more than  200,000 fish were killed and
several hundred people were treated for eye, skin,
and  respiratory  irritation.    Because  harmful
reproductive effects (i.e., neural tube defects) may
be  attributed to  exposure  to  metam  sodium,
pregnant women in the area in their first trimester
of pregnancy were advised to consult with their
doctors.

    Although metam .sodium is not specifically
designated as  a hazardous substance under
CERCLA, when released into the water it rapidly
hydrolyzed and decomposed into several different
CERCLA   hazardous  substances,    including
hydrogen sulfide, monomethylamine,  and carbon
disulfide.  In addition,  when released, the metam
sodium became a hazardous waste  because  it
exhibited the RCRA characteristic of reactivity,
and thus became a CERCLA hazardous substance
as well.  Because, when released, metam sodium
rapidly formed  a CERCLA hazardous substance
and became a RCRA hazardous waste, EPA issued
an  enforcement order to Southern Pacific under
section 106 of CERCLA requiring  that  the
company undertake appropriate response actions.
In addition, EPA used the CERCLA Trust Fund
to implement a  plume interdiction operation at
Lake Shasta.

    Implications of the Cantara Loop Incident

    The  circumstances  of the  Cantara  Loop
incident did trigger the notification, response, and
liability provisions under CERCLA; however, the
incident points out that the regulatory framework
of the  Federal government may overlook certain
substances that, when released, are, or potentially
could be,  hazardous  to human  health  and  the
environment   At a minimum, there are many
potentially  dangerous  substances  that  are  not
CERCLA hazardous substances, and have never
been considered  for listing under CERCLA.   In
addition, the DOT regulations governing hazardous
materials in transportation have not covered many
substances  that  pose  primarily  environmental
hazards.  In its implementation of HMTA, DOT
has focused  on  acute human  health  effects
(principally human lethality).

    As the metam sodium spill clearly illustrates,
certain substances  may, when released,  rapidly
degrade or hydrolyze  into substances that  are
hazardous to human health and the environment.
Thus, the metam sodium spill raised the question
of why potentially dangerous substances, such as
metam sodium, are neither listed as  hazardous
substances  under CERCLA nor regulated  in
transportation  as  hazardous materials  under
HMTA.

1.2 HAZARDOUS SUBSTANCES UNDER
    CERCLA

    As used in this report, the terms potentially
dangerous substances,  hazardous  materials, and
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hazardous substances  refer to distinct sets  of
chemical substances:

    The term potentially dangerous substances is
the generic  term used in this report to refer
broadly to all chemical substances that have the
potential to cause harm to human  health, welfare,
or the environment.

    The term hazardous materials refers to those
chemicals  or categories of chemicals, such  as
explosives, that are regulated in transportation by
the DOT under HMTA

    The term hazardous substances refers only to
the subset of hazardous materials that are listed by
EPA under CERCLA  Ail CERCLA  hazardous
substances  are  also  automatically listed and
regulated by DOT as hazardous materials.

    Designation Under CERCIA

    CERCLA is  the primary Federal  statute  by
which Federal government officials are  notified of
the release of a  hazardous substance, allowing
them to evaluate and carry out response actions.

    Under CERCLA section 104, EPA has the
authority to respond to a release or  a  threatened
release of a hazardous substance, or a pollutant or
contaminant that may present an imminent and
substantial danger to the public health  or welfare.
Although EPA has the authority to respond to all
such releases, only releases of CERCLA hazardous
substances trigger CERCLA's notification and
liability requirements under CERCLA sections 103
and 107, respectively.

    A   substance  can become  a   "hazardous
substance" under CERCLA through  one of three
mechanisms.  First, section 101(14)  of CERCLA
defines as hazardous substances those  substances
that are specifically listed or designated  under
section 307 or 311 of the Clean Water Act (CWA),
section 112  of the Clean Air Act (CAA),  or
section 3001 of RCRA, and those for which action
has been taken  under section 7 of  the  Toxic
Substances  Control  Act  (TSCA).    When a
substance is added by regulation or law to any of
these lists, it automatically becomes a CERCLA
hazardous substance.

    Second, a substance may become a CERCLA
hazardous substance if it is a waste that exhibits
any of the RCRA characteristics of ignitability,
corrosivity, reactivity, or toricity.

    Finally, CERCLA section 102 authorizes EPA
to  designate  as  a  hazardous  substance  any
additional chemical element, compound, mixture,
solution, or substance that, when released,  may
present  a substantial danger to public health or
welfare or the environment.
     IMPLICATIONS OF DESIGNATION
       OF A CHEMICAL AS A CERCIA
         HAZARDOUS SUBSTANCE

   •   Persons in charge of a facility or vessel
       must immediately notify the National
       Response Center of the release of any
       CERCLA  hazardous  substance  that
       equals  or  exceeds   the   reportable
       quantity.

   •   Releases of hazardous substances must
       be   reported   to  State  emergency
       response   commissions  and  local
       emergency planning committees.

   •   Responsible parties  are liable for the
       costs of cleanup and any injury to or
       loss  of natural  resources  that result
       from a CERCLA hazardous substance
       release or potential release.

   •   CERCLA hazardous  substances  also
       are automatically listed and regulated
       as hazardous materials by DOT.
13 EPA AND NRT TASK FORCES

    Following  the   Cantara  Loop  incident,
Representative Barbara Boxer, Chair of the House
Subcommittee on  Government Activities and
Transportation,  held two hearings  to investigate
what steps could be taken at the Federal level to
increase the likelihood  that incidents similar to
Cantara Loop would not happen in the future.

    At the first of these hearings held on July 31,
1991, Don Clay, EPA Assistant Administrator for
Solid Waste and Emergency Response, expressed
concern that there are many potentially dangerous
substances in commerce that could pose a threat to
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human  health  and  the  environment  and  that
currently are not CERCLA hazardous substances.

    At a second hearing held on October 3,1991,
Linda  Fisher, EPA  Assistant  Administrator for
Prevention,  Pesticides,  and  Toxic  Substances,
testified about the pesticide programs' information
on the adverse effects  of metam sodium.  In
addition, Alan  Roberts, Associate Administrator
for Hazardous  Materials Safety in the Research
and  Special  Programs Administration at  DOT
testified that his agency relies on EPA to identify
the  environmental  and  chronic  human  health
hazards posed by various chemicals.

    More broadly, the implications of the Cantara
Loop release indicated  that  Federal  regulatory
agencies,  in general, need  to  explore  other
approaches  beyond  the  traditional  regulatory
framework  for acting  to prevent releases of
substances  known to be dangerous to  human
health  or  the environment,  and  to  improve
responses to releases of such substances.   The
testimony provided at these hearings supplied the
impetus  for the formation  of  both   EPA's
Hazardous Substances Task Force and the NRTs
Hazardous Materials  Task Force.

   The EPA Hazardous Substances Task Force

    In  responding to the concerns raised by the
Cantara  Loop  spill,   the   EPA  Hazardous
Substances Task Force was created to explore the
short-term and long-term steps EPA could take to
prevent or mitigate the likelihood that releases like
the metam sodium spill will occur in the future,
and  to better respond to them if they do  occur.
The   EPA  Task  Force  was   composed  of
representatives  from  several offices and  Regions
within EPA and a variety of other Federal entities,
including:

    •   Department of Transportation

    •   Department of Agriculture

    •   Department of the Interior

    •   The U.S. Coast Guard

    •   The National Institute for Environmental
        Health  Sciences

    •  The Agency  for Toxic Substances  and
       Disease Registry
    •   The National Library of Medicine.

    To carry out  its  mission, the  task  force
 examined the issues associated with both using the
 traditional regulatory approach of expanding the
 CERCLA hazardous substance list,  as  well  as
 looking at approaches for providing controls that
 are beyond the  Agency's  traditional  regulatory
 framework. Within the task force, four working
 groups were established, each with its own defined
 set of activities and responsibilities.  In practice,
 however,  many  of  these  activities were inter-
 dependent.

    The Roles of the Four Working Groups

    To identify and define the broad scope of the
 problem of chemical releases, the Background and
 Release Trends  Working  Group was asked to
 provide technical data and analyses that would
 characterize  historical  releases  of  potentially
 dangerous substances. Because the metam sodium
 spill  involved  a  transportation   accident  and
 because DOT relies on EPA to identify potentially
 dangerous substances that pose deleterious chronic
 human health or environmental hazards, the Short-
 Term Innovative  Solutions Working Group  was
 asked to focus on identifying ecological and human
 health  criteria   that  DOT   may   consider
 incorporating into regulations under HMTA.  In
 addition,  the working group was  charged  with
 identifying  short-term  innovative  and  non-
 regulatory approaches for controlling the release of
 potentially dangerous substances, such as providing
 public information,  enhanced and more frequent
 training, and information exchange opportunities.

    The Hazardous Substances  Task Force also
was committed to examining regulatory options for
addressing  releases   of  potentially  dangerous
substances that are  currently not covered by the
existing Federal regulatory  framework, as well as
those that are so regulated;  therefore,  the Long-
Term Regulatory  Solutions Working Group was
asked to analyze existing statutory and  regulatory
authorities  to assess how  this could best be
accomplished.     The   Coordination   and
 Communications  Working  Group was  given
 responsibility for  ensuring  that  information was
shared among the various working groups and for
 providing  a liaison  between EPA's Hazardous
 Substances Task Force and the NRTs Hazardous
Materials Task Force to coordinate the efforts and
activities of the two  groups.
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               KEY DATES

July 14.1991: The Canta*., Loop spill occurs
when a Southern Pacific railway tank car derails,
releasing 19,500 gallons of metam sodium into
toe Sacramento River.

July 31.1991; Fust hearing held by the
Subcommittee on Government Activities and
Transportation to investigate ways of addressing
concerns raised by Cantara Loop release.
Testimony is provided by Don Clay, EPA
Assistant Administrator for Solid Waste and
Emergency Response and Alan Roberts, DOT
Associate Administrator for Hazardous
Materials Safety in the Research and Special
Programs Administration.

September 4.1991;  The EPA Hazardous
Substances Task Force convenes for its first
organizational and planning meeting. The EPA
task force subsequently met four additional
times over the next four months.

September 5.1991;  The NRT Hazardous
Materials Task Force convenes for its first
organizational and planning meeting. The NRT
task force subsequently met eight additional
times over the next five months.

October 3.1991; Second hearing held by the
Subcommittee on Government Activities and
Transportation. Testimony is provided by Alan
Roberts of DOT and Linda Fisher, EPA
Assistant Administrator for Prevention,
Pesticides, and Toxic Substances.

October 29.1991; The Open Forum is held to
explore innovative, non-regulatory solutions for
preventing or mitigating releases of potentially
dangerous substances into the environment.

January 31.1992; The Interim Task Force
Report on the findings and recommendations of
the EPA Hazardous Substances Task Force is
completed and presented to Don Clay and
Linda Fisher.

February 3.1992; The Draft Task Force
Report on the findings and recommendations of
the NRT Hazardous Materials Task Force is
completed and presented to the NRT Task
Force members.

April 1992;  The Final EPA and NRT Task
Force Reports on toe findings and
recommendations of the EPA and NRT Task
Forces are completed.
    The NRT Hazardous Materials Task Force

    While  EPA's  Hazardous  Substances  Task
Force focused on EPA's role in addressing releases
of potentially dangerous substances, at the request
of Eton Clay, a parallel effort was carried out by
the NRTs Hazardous Materials Task Force. The
objective of the NRT Task Force was to evaluate
the broader arena of the Federal role in regulating
potentially dangerous substances that, if released,
pose   a  threat  to   human  health  and  the
environment and can result in significant natural
resource damages.  Chaired by  DOT, the NRT
Task Force is developing a compendium  of Federal
regulatory programs that are implemented  under
the auspices of various Federal agencies.

    The compendium will describe which Federal
agencies control or regulate potentially dangerous
substances and what substances are regulated; the
purpose of each regulatory agency's control; what
criteria are used by various agencies to  recognize,
classify,   and   control   potentially   dangerous
substances;   what   regulatory   and    functional
relationships  exist  among Federal   regulatory
agencies with respect to these activities; and what
gaps  and   overlap   among agencies  exist  in
recognizing, classifying, and controlling potentially
dangerous substances.

    Finally, based on its findings, the NRT Task
Force  will  submit  a  report   assessing  these
regulatory   deficiencies    and    recommending
approaches for improving interagency coordination
and control among Federal agencies.

1.4 NON-TASK FORCE ACTIVITIES

    In addition to the efforts and activities of the
EPA and NRT Task  Forces, other activities and
initiatives have been carried out at the  Federal and
Regional level, as well as by the State of California
in response to the Cantara Loop spill.

    Federal-level Activities: EPA and  DOT

    At the Federal level, both EPA and DOT have
implemented initiatives outside  of the  respective
activities of the  two task forces  to  address  the
metam sodium spill.  EPA's Office of Prevention,
Pesticides,  and  Toxic Substances (OPPTS) has
implemented new restrictions on the use of metam
sodium as a pesticide, including eliminating its
registration  for use by homeowners.   In addition,
OPPTS has worked to establish an agreement for
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additional requirements for protective clothing for
people  involved in commercial applications of
metam sodium and is continuing to evaluate the
status  of  metam   sodium  under  the  Federal
Insecticide.  Fungicide,  and  Rodenticide  Act
(FIFRA). Separately, DOT has published a Notice
of Proposed  Rulemaking for  regulating  under
HMTA the MARPOL Annex III list of marine
pollutants, on which metam sodium is listed (57
FR 3853, January 31, 1992).

    State of California Activities

    In addition to immediately responding  to the
Cantara Loop spill, the State of California took
the lead in implementing response actions, cleanup
of the spill, and monitoring the impact of the spill.
The  California Regional Water Quality Control
Board is monitoring water quality in the area; the
California  Department  of  Health  Services is
conducting a health effects survey and establishing
a database with the help of ATSDR; the California
Department of Fish and Game has issued a draft
Damage  Assessment  Plan;  and  the  California
Public   Utilities   Commission   is   formally
investigating the circumstances surrounding the
derailment.
 L5 ORGANIZATION OF THIS REPORT

    This report is organized along the lines of the
working groups that made up  the task force.
Following  this introductory chapter,  there are
chapters for each of Working Groups 1, 2, and 3.
Working Group 4, as pan of its coordination and
communication functions, has been responsible for
the production of  the report itself.  Each of the
next three chapters presents a complete discussion
of the working group, its objectives, and its specific
activities. Accomplishments of each working group
are  described  in  detail.    Each issue  area
investigated  is  described  and  findings  and
recommendations are presented.   Following the
main body of this report is a list of acronyms. This
report also includes two appendices, representing
discrete significant work  products  developed by
individual working groups in the course of their
activities that  may be of particular interest to
readers  of  this report.   Other  discrete work
products of the task force, such as the preliminary
analysis  of  CERCLA designation  criteria, will be
utilized  by EPA to assist in the implementation of
task force recommendations.
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                                         CHAPTER 2

                      REPORT FROM WORKING GROUP ONE:
                       BACKGROUND AND RELEASE TRENDS
2.1 INTRODUCTION

    The primary purpose of Working Group 1 was
to gather data on past  releases of potentially
dangerous substances, and to analyze the data to
identify trends and characteristics common to those
releases that resulted in damage to human health,
welfare,  or  the  environment   This  analysis
provides  a  context in which the metam sodium
spill and other releases of potentially dangerous
substances may be viewed.  The working group's
data collection effort involved preparation  of a
case study of the July 14,1991, Cantara Loop train
derailment near Dunsmuir, California; a review of
Federal and State notification requirements; and
retrieval  of reports  of  chemical releases  from
various databases.  As a result of this effort, the
working group provided:

•   A  determination  of  whether  there   are
    adequate notification requirements to ensure
    appropriate responses to releases of potentially
    dangerous substances;

•   An analysis of past  releases of potentially
    dangerous substances that may  have caused
    substantial  damage to human health or the
    environment; and

•   A  list  of substances that pose  a potential
    threat to human health or the environment
    and  may be  candidates for designation  as
    hazardous substances under CERCLA, or the
    subject  of  advisories  about   potentially
    dangerous substances.

    Working Group 1 accessed and analyzed data
and  information  from multiple  sources, which
required  close cooperation among representatives
from many different Federal and State agencies
and departments.  The working group was chaired
by David Ouderkirk of the Emergency Response
Division  in  EPA's  Office  of Emergency  and
Remedial Response.  The achievements of the
working   group   are   summarized   in    the
accompanying box.
              ACHIEVEMENTS

       The review and analysis of the Cantara Loop
   train derailment and  historical  release data
   provided valuable lessons in emergency response,
   and information on the quantity and frequency of
   releases of potentially dangerous substances.

   •   A Case  Stud? of the July 14.  1991,
       Cantara Loop Train Derailment - This
       review of the response effort at the Federal,
       State, and local levels provided insights into
       how emergency responses can be improved
       in the future.

   •   A Review of Notification Requirements
       -  This  review of  Federal  and  State
       requirements  for  reporting  releases " of
       potentially dangerous substances shows some
       inconsistencies   and  the   potential  for
       confusion and duplication.

   •   An Analysis of Historical Releases and
       a Short List  of Potentially Dangerous
       Substances - The analysis resulted in a list
       of potentially  dangerous substances that,
       when released, may have caused death or
       injury in the past.
22 CASE STUDY OF THE CANTARA LOOP
    TRAIN DERAILMENT

    To provide a context in which to understand
and  evaluate  the  task   force's  findings  and
recommendations, and to determine whether there
were any direct lessons to be learned from the
incident, Working Group 1  conducted a case study
of  the  July  14,  1991,   Cantara  Loop  train
derailment  near Dunsmuir, California, in which
approximately  19,500  gallons of metam  sodium
spilled into the Sacramento River. The case study,
which is provided in Appendix A, summarizes the
uses for and regulation of metam sodium; describes
the emergency and long-term response activities
associated with the spill; and provides available
information on the  health and environmental
effects of the Cantara Loop release.
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    The working group prepared the case study by
reviewing and comparing numerous reports and
incident  summaries issued  by  various  Federal,
State, and local agencies and  departments, and
private industry; Congressional testimonies; news
releases;  and newspaper articles.

    Two key issues made consolidation of the
information into an unambiguous and  complete
chronology of events challenging. The first is that
the several and varied sources of information often
contained    contradictory  and/or  dissimilar
information, and several aspects of the release are
subject   to   interpretation.      In  particular,
contradictions were found most frequently among
accounts of when the spill was discovered  and
when notification of the spill was provided to the
appropriate response agencies.

    A second issue that influences any findings is
that conclusive data on the  environmental  and
human health effects of the metam sodium spill
are  still being  collected  and  analyzed.    For
example, the effect of exposure to the vapors of
metam sodium and its breakdown products on
pregnancy  outcomes  among Dunsmuir women
cannot be known until all of the women give birth.
Thereafter, an analysis of the incidence of birth
defects after the spill will be required to compare
post-spill incidence to the normal incidence.  In
addition, several  years  will be required before
other potential adverse health effects (e.g., learning
disabilities)  may be assessed with respect to the
Cantara Loop spill. Similarly, a natural resources
damage  assessment  being  conducted  by  the
California Department of Fish and Game will not
be completed for at least a year.

    Findings

    The working group devoted substantial effort
to reviewing selected State and local emergency
response contingency plans, as well as the specific
plan and response effort surrounding the metam
sodium spill near Dunsmuir, California. Although
Federal,  State, and local agencies made important
contributions  to  response efforts, the  Cantara
Loop release raises questions about the ability of
responsible agencies to effectively deal with certain
emergencies   involving  potentially  dangerous
substances, particularly in remote areas. Review of
the sequence of events immediately following the
release indicates that there was some uncertainty
about appropriate  response activities,  and also
suggests  the need for  manufacturers  and/or
 transporters of potentially dangerous substances to
 provide  personnel  with more  training  about
 chemical properties and safety.

    The working group  found that clearer,  less
 complicated contingency plans could alleviate some
 of  the uncertainties  associated with  response
 activities. A review of selected contingency plans
 throughout  the country  revealed  that  persons
 charged  with  responding  to  and  mitigating
 chemical release emergencies might easily become
 overwhelmed  by information presented  in  the
 plans.   Some  of the plans, for example,  are
 voluminous  collections of  emergency  response
 instructions designed more appropriately for pre-
 emergency education.  The  plans do not always
 present a clear and direct explanation  of  the
 appropriate sequence of actions to be taken in the
 event  of  a  release  of a potentially dangerous
 substance.   The National  Oil  and  Hazardous
 Substances Pollution Contingency  Plan (NCP),
 promulgated under the authority of CERCLAand
 the Clean Water Act, seeks to do just this  by
 providing a relatively concise overview of how site
 assessment and emergency response activities will
 be carried out in Federal-lead situations.

    The  working  group  also  concluded  that
development  of  a  clear  explanation  of the
delineation of  the roles and  responsibilities  of
various responding  agencies and  organizations
could  be useful  in  ensuring  a  unified  and
comprehensive  response  to a  release.    The
response to the Cantara  Loop incident involved
 coordinating the activities of more than 60 public
 and private agencies.   In the hours immediately
following  the   derailment,   there  was   some
indication of confusion as to who was in charge.
Confusion can delay the overall response process.
Local response authorities, particularly in remote
or sparsely populated  areas, bear much of the
responsibility as first responders.   As regional,
State, or Federal involvement increases, however,
 primary response authority  must  be effectively
transferred based on  predetermined roles  and
 responsibilities.

    The lines of authority for responses to releases
of CERCLA hazardous substances may serve as a
useful  model for response networks involved  in
responding  to  releases  of other   potentially
dangerous substances.   The NCP outlines  an
organizational structure for the Federal response
system composed of several different entities with
clearly defined authorities and  responsibilities.
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National policy making,  preparedness planning,
and  coordination  are the  responsibility of  the
multi-agency National  Response Team  (NRT).
Regional Response Teams are designed to serve in
much the same way as the NRT,  except  on a
regional level.  Various special  teams, such as the
National Strike Force Coordination  Center, have
been created  to  provide  specialized response
support in a variety of areas, such as identifying
and  mobilizing  public  and  private response
resources. National response action is coordinated
by a predesignated On-Scene Coordinator (OSC),
who serves as the lead Federal official at the scene
of a release, and is responsible for taking whatever
actions are necessary, consistent with Federal law,
to remove the threat posed by the  release.   All
other entities  in  the national response system
support the  OSC in their areas of expertise during
a response action.
           RECOMMENDATIONS

   •    Develop   and   Make   Available
       Contingency Plans that are Clearer and
       Mo re  DI r e c t   I n   Assign! o g
       Responsibilities!   States,  regions,  and
       localities should develop in a coordinated
       fashion and make available contingency plans
       that  clearly  delineate  the   roles  and
       responsibilities of agencies, departments, and
       other organizations that may be involved in
       an emergency response. These plans should
       include specific  actions to  be taken when
       releases of potentially dangerous substances
       occur   near   population  centers   or
       environmentally sensitive areas.

   •    Provide  Adequate   Training   that
       Emphasizes  the  Need  to  Report
       Releases of  Potentially  Dangerous
       Substances:  The transportation industry
       should provide more extensive training and
       simulation experience to their workers on the
       use  of contingency  plans  during  an
       emergency  release.   Workers should  be
       encouraged to make the toll-free telephone
       call to the National Response Center if there
       is any potential for release of a large volume
       of any contained material,  or if any actual
       release of a potentially dangerous substance
       occurs.
23 NOTIFICATION REQUIREMENTS

    Notification  is the  first  step  in ensuring  a
timely and  effective  response to a release  of  a
potentially   dangerous   substance,   although
notification  does not, in and of itself, ensure  a
proper and  effective  response to such a  release.
Notification requirements vary among States, and
between State and Federal authorities. State and
Federal requirements for notifying authorities in
the event of a release  or potential release  of  a
potentially  dangerous substance are, at times,
inconsistent or unclear.  Confusing and duplicative
notification requirements can reduce the likelihood
that response officials receive timely notifications
which, in turn, can compromise the effectiveness of
a response.

    Working Group 1 analyzed eight Federal and
115  State  and  territorial land, air, and water
regulations that require notification of releases or
potential  releases  of   potentially  dangerous
substances to different environmental media, and
contacted several State  agencies  by telephone to
verify data. This analysis reveals the complexity of
the notification  requirements  and  provides  a
mechanism for identifying where regulations  may
be inadequate to ensure prompt and appropriate
notification  of,   and  response   to, releases of
potentially dangerous substances.

    Findings

    It  is  important to note that  many State  and
Federal  notification  requirements have been
imposed   to  satisfy   different  needs;   some
regulations  pertain  to  permit  excursions  and
violations, others to emergency notification about
unanticipated  and   uncontrolled  releases   of
potentially dangerous substances.  Differences in
regulations  do   not  necessarily  need   to   be
eliminated;  however,  confusing  and  duplicative
requirements  for reporting  to  many  different
government  agencies  may  reduce the likelihood
that the  appropriate agencies are notified about
the release in a timely manner.

    In addition,  to  evaluate  the need   for a
response by Federal  authorities, it is extremely
important that as much complete  and accurate
information  as possible on the release be obtained
from the caller.  This information should include
information, whenever possible,  on the  specific
name and/or Chemical Abstracts Service Registry
Number  (CASRN)  of  the  released substance;
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volume released; cause of the release; location of
the release; environmental medium affected; and a
characterization of the  immediate environment
(e.g.,  industrial, residential, natural).  Although
this information may not be known with certainty,
a  mechanism  for linkage  among  responding
agencies  and for updating and correcting initially
reported information (e.g.f through  the  use of
written follow-up reports) would enhance the
Federal government's understanding of the types of
releases that occur and the hazards they pose.

    Finally, the responsibility for notification is on
the shipper and carrier (during transportation),
and on the  producers  and users of potentially
dangerous substances if released at other times.
These parties must be made aware of the potential
for damage posed  by their cargo or products, and
must  be  prepared  to act immediately should any
potentially dangerous substances be accidentally
released into the environment.

2.4 ANALYSIS OF HISTORICAL RELEASES

    Many substances that are not currently subject
to regulations  under CERCLA or HMTA can
nonetheless,  if released  into  the environment,
cause significant damage to human health and the
environment.   Working  Group  1  reviewed
historical data on releases of potentially dangerous
substances to identify a discrete list of substances
that are  released frequently, in large quantity, or
that have been  shown to cause significant damage
to human  health  or the environment  These
chemicals may be  prime candidates for additional
regulation by EPA or some other Federal agency.

    The working group considered five databases
in depth that contain  historical information  on
releases of potentially dangerous substances, and
selected  two databases  for  extensive  analysis
because  they contain  the  most  comprehensive
number of release  reports. These two databases are
(1) The Emergency Response Notification System
(ERNS);  and  (2)  The  Hazardous Materials
Information System (HMIS), a DOT database that
contains reports of releases of hazardous materials
during transportation.

    The ERNS database is the repository of all
initial telephone reports to the National Response
Center, EPA Regions, or U.S. Coast Guard Marine
Safety Offices,  for  releases  of  oil  and  other
petroleum products (reported pursuant to section
311  of the  Clean Water  Act) and CERCLA
           RECOMMENDATIONS

       Expand Centralized Reporting to the
       Federal  Government;    EPA  should
       analyze the legal and administrative feasibility
       of requiring all emergency release reports to
       be directed to the National Response Center.
       The Center would then immediately notify
       the appropriate EPA Region,  SERC, and
       LEPC.  Information received from the one
       telephone call could satisfy all reporting
       requirements (thereby reducing the burden
       on industry), and could trigger the response
       network   through  notification  to  all
       appropriate Federal, State, regional, and local
       authorities and responders.

       Reouire Follow-up Information About
       Releases; EPA should consider establishing
       a  mechanism for  updating and verifying
       information on releases reported to the
       National Response Center, including data on
       the release effects and the resources required
       to respond to the release.

       Increase  Worker   Knowledge  of
       Potential Hazards;    Because  of the
       potential  risks  associated  with handling
       potentially dangerous  substances, greater
       emphasis  should  be  placed  on  making
       workers more aware of the dangers of a
       release  and  the   appropriate  response
       procedures.
hazardous  substances   (reported  pursuant  to
CERCLA section 103).  The database, however,
also  contains   reports  of  other   potentially
dangerous substances that are not specifically listed
under CERCLA. These release reports of other
potentially dangerous substances, which represent
about 12  percent of the non-petroleum release
reports in ERNS, may have been reported to the
National Response Center for a variety of reasons,
including the possibility that the release posed a
sufficient enough hazard that the person in charge
decided that a report to the National Response
Center or EPA Region was warranted, or because
the release occurred during transportation  and
resulted in a fatality, property damage greater than
$50,000, or was otherwise required to be reported
under HMTA.1

    The HMIS database is the  repository for all
information  on  releases of  hazardous materials
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reported pursuant to the requirements of DOTs
hazardous materials regulations. HMIS, therefore,
includes  release   reports  related  solely   to
unintentional   releases  Curing  transportation,
including loading and unloading  but excluding
releases  that  involve  carriers  engaged  only  in
intrastate highway transportation.

    Nonetheless, the HMIS database has some very
valuable attributes.  For example,  the data are
based on written  reports  submitted by the carrier
involved in the release, who is given 30 days  to
collect information on the circumstances, causes,
and effects of the release. Thus, the HMIS data
are generally  more complete and  accurate than
data  from   ERNS,  which  reflect  unverified
information submitted in the  initial telephone
reports of the release.

    Another  important  difference  between the
ERNS data and the HMIS data is the relationship
between the release data and the effects data  in
each  database.     The  ERNS  data  do  not
differentiate between  the effects of the released
substances and the effects of the incident itself.
For example, if a  transportation accident resulted
in a release of a potentially dangerous substance
and vehicular  injury to the driver of the vehicle,
the ERNS data would indicate  that the release
caused an injury but would not specify whether the
injury  was caused by  exposure  to  the released
substance or to the collision. In contrast, HMIS
data reflect injuries, deaths, and property damage
attributable to exposure to the hazardous material.

    Although  ERNS and HMIS contain the most
comprehensive and  reliable national data for
purposes of  the  analyses planned by Working
Group  1, they contain  only federally  reported
release information. However, releases of many
potentially dangerous substances (especially those
that are currently  unregulated) are not required  to
be reported to the National Response Center or  to
DOT or EPA.  Thus, historical information on
significant releases of some potentially dangerous
substances may be missing from these data sources.
The working group believes, however, that most
significant  releases  of   potentially  dangerous
substances do get reported and incorporated into
one or both  of  these databases because many
persons report releases regardless  of their legal
requirements  to  do  so,  and  because  most
significant  releases  of   potentially  dangerous
substances are newsworthy events. Thus, although
certain data elements, such  as quantity released,
may  not be  completely reliable,  a  significant
release event  generally will be represented in at
least one of the databases.

    The working group also analyzed, to a lesser
extent, three  other databases:   (1) the Acute
Hazardous  Events  (AHE) database,  an EPA
database that  contains information from other
sources  (such  as newspapers)  about potentially
dangerous substance releases and explosions; (2)
the  Accidental  Release  Information  Program
(ARIP), an EPA database that contains extensive
information from facilities about the causes and
consequences of accidental releases and on release
prevention procedures and equipment; and (3) the
Agency  for  Toxic  Substances  and  Disease
Registry's   (ATSDR)   Hazardous   Substance
Emergency Event Surveillance (HSEES) System,
which  describes the release or threatened  release
of specific hazardous substances and the resulting
public health consequences (e.g., deaths, injuries,
evacuations).  The AHE and ARIP databases use
ERNS to varying degrees  as  a basic  screen  to
identify releases.  Thus, Working Group  1 used
these more focused databases to verify the trends
and indications revealed through the analysis  of
ERNS and HMIS.

    Findings

    One of the primary objectives of  Working
Group 1 was to identify non-petroleum substances
that   are not currently  listed  as  CERCLA
hazardous substances, but whose release may have
caused significant adverse effects on human health
(i.e., death or injury) or the environment. Exhibit
2-1 presents a  list of such substances. The exhibit
shows  106 substances (including one chemical-use
category—pesticides) that have been reported  in
ERNS or the  HMIS database and whose release
may have caused  a death or injury.  (The  ERNS
data represent reported releases between January
1987 and July 1991; HMIS data span the  period
between January 1982 and July 1991.)  Fourteen of
these   substances   are   extremely  hazardous
substances   (EHSs)   already   proposed  for
designation as CERCLA hazardous substances, and
18 are pesticide active ingredients. Sixteen percent
of the listed  chemicals were reported  to  be
associated with a release that caused deaths. The
chemical category, pesticides, represents reported
releases  where the  caller  did  not identify the
specific pesticide.
                                               -11 -

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    Several of the substances listed in Exhibit 2-1
are not highly toxic or dangerous, but have been
released frequently   in  very  large  quantities,
resulting in deaths or injuries. For example, some
of the  substances  released in  large quantities
include sulfur (104 releases/13 million pounds),
chlorine dioxide (17 releases/1.3 million pounds),
propylene (32 releases/1.2 million pounds), soda
ash (8 releases/1 million pounds), and ethanol (143
releases/1 million pounds).  These five substances
were  reported in  release incidents  that  caused
three deaths and SO injuries, as reported in ERNS.

    Four gases, nitrogen, oxygen, carbon dioxide,
and hydrogen, were reported in release incidents
that caused deaths or  injuries; these gases are not
included in Exhibit 2-1 because they are ubiquitous
and   non-toxic  under  normal  conditions and
generally would not  be  considered  potentially
dangerous  substances.   Nitrogen  and carbon
dioxide are inert and are generally used as cryogens
to  provide  inert  atmospheres  or  for  other
industrial purposes.   Hydrogen  and  oxygen can
form  explosive atmospheres.  Although they are
not considered potential environmental toxicants,
they nonetheless have histories of frequent releases
and   can   pose  a   health   hazard  through
overpressure, asphyxiation, or burns.  For example,
128  releases of nitrogen  (a total  of 6 million
pounds) were reported in ERNS for the period
1987  through July  1991.  All four of  these gases
have been involved in release incidents that caused
three deaths and IS injuries, as reported in ERNS.

    There are also other substances not included
in Exhibit 2-1  that are not toxic under normal
circumstances   but   nonetheless  have   been
responsible for significant environmental damage
when released into sensitive areas  in significant
amounts. Examples  of such substances include
molasses (in Boston), butter (in  Delaware), and
liquid manure.

    In identifying potentially dangerous substances,
Working Group 1 attempted to focus  on releases
that have been shown to cause significant adverse
effects on human health or the environment, and
have some probability of causing similar damage in
the future.   None of the databases examined,
however, have ecological effects  data related to
chemical release reports.   The HMIS  database,
however,  does  contain   property  damage
information.   To some extent, property damage
may be used as a proxy for environmental damage.
Many of the substances listed in Exhibit 2-1 caused
significant property damage in addition to deaths
or injury.  Seven  other  substances not listed in
Exhibit 2-1  caused more than  $50,000 worth of
property damage,  but did  not cause death or
injury:  ammonium phosphate, chloroprene, di-
isobutylene, dicyclopentadiene, dimethylcarbinol,
isobutyl acetate, and helium.

    In general, many of the substances listed in
Exhibit 2-1 are produced  in large volumes and are
used as feedstocks  or intermediates in a variety of
industrial  processes.   For example, ammonium
nitrate, whose primary use is as a fertilizer, is an
important  component  of  certain  industrial
explosives and has been implicated in some serious
accidents.  Sulfur and sulfur trioxide are precursors
of  sulfuric  acid  (a  large  volume CERCLA
hazardous substance).  Several  other substances,
including butadiene, isopropyl acetate, propylene,
and the alcohols are flammable.  Propylene and
butadiene  can also polymerize, resulting  in heat
generation   and   overpressure  of  containers.
Hydrogen peroxide and chlorine dioxide are strong
oxidizers.

    An analysis also was performed to identify the
10 most frequently  reported releases of potentially
dangerous  substances  and   the  10  substances
reported released   hi  the  greatest  quantities,
excluding  release  reports of  listed CERCLA
hazardous substances.  The results are shown in
Exhibits 2-2 and 2-3, respectively, and are based on
data contained in ERNS  for  the  period 1987
through  1991.    These exhibits   contain  16
potentially dangerous substances that are either
among the top 10 substances reported in terms of
frequency of reports or quantity released, or both
(ammonium nitrate, nitrogen, sulfur, and sulfur
dioxide). Half of the substances listed in Exhibits
2-2 and 2-3 are also listed in  Exhibit 2-1 because
they also have been involved in incidents with
deaths or injury  (ammonium  nitrate, chlorine
dioxide,  ethanol,   nitrogen,  propyl   alcohol,
propylene,  sulfur,  and  sulfur  trioxide).   The
substance most  frequently reported  released in
ERNS (and currently not listed as a CERCLA
hazardous substance) is sulfur dioxide, which is
used extensively as a preservative, disinfectant, and
bleaching agent; the substance  released in the
greatest quantity,   as  reported  in  ERNS,  is
ammonium nitrate.

    Exhibits 2-4 and 2-5  further demonstrate the
relationship  between quantity released and the
likelihood of  death or  injury  based on data
                                               -12-

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contained in ERNS and HMIS, respectively. These
data were derived from release reports of both
CERCLA  hazardous   substances   and  other
potentially dangerous substances. As illustrated in
Exhibit 2-4, only one to two percent of releases
between 1 and 10,000 pounds are associated with
incidents involving deaths  or injury.  Releases in
excess of 10,000 pounds are between two times and
four times more likely to result in a death  or
injury, but represent only about four percent of all
releases in this size  range.   This same trend is
observed in the HMIS data.2
     RECOMMENDATIONS

Consider   Further  Regulation  and
Control   of   Potentially   Dangerous
Substances  That  Have  Historically
Caused Serious Damage;   Potentially
dangerous  substances whose  release  has
caused   death,   injury,  or  significant
environmental  damage should be  further
evaluated and  additional control measures
considered.
                                               -13-

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                                     EXHIBIT 2-1
                  POTENTIALLY DANGEROUS SUBSTANCES RELEASED IN
                       INCIDENTS INVOLVING DEATH OR INJURY
Acetylene1-2
Ally! Bromide"
AUyl Chlorofonnate2
Aluminum Chloride1-2
Aminoethylethanolamine1
Aminoetbylpiperazine"
Ammonium Lauryl Ether
Sulfate1 (P)
Ammonium Nitrate1-2
Ammonium Sulfate
Nitrate1
Ammonium Thiosulfate1-2
(P)
Amylene1-2
Benzaldehydeu
Benzene Phosphorous
Dichloride1
Boron Trifluorideu (E)
Bromine1-2 (E)
Bromine Trifluoride1
Butadiene*1-2
Butyl Acrylate"
Butyl Isocyanate2
Butyl Mercaptan1-2
Butyl Methacrylate1
Butyl Trichlorosilaneu
Butyraldehyde"
Carbon Monoxide1-2
Chlorine Dioxide1 (P)
Chlorine Trifluoride1
Chloroacetophenoae*"
Chloroacetyl Chloride1-2
Cbloropicrinu (P)
Cyclohexylamineu (E)
Decyl Alcohol1 (P)
Diboraneu (E)
Diethylene Glycol1
Diisobutyl Ketoneu
Dimethyl Aniline2
Dimethyl Disulfide1
Dimethyl Sulfide1-2
Dimethyl Terephthalate1
Dioctyl Adipate1
Dioxolane2
Dipbenylmetnane1
Ethanol1-2 (P)
Ethyl Butyrate1-2
Ethyl Mercaptan"
Ethyl Silicate"
Ethylene2
Ethylene Glycol
Monoethyl Acetate2
Ethylene Glycol
Monomethyl Ether"
Fluoroboric Arid2
Fluorosulfonic Acid"
Hexaldehyde2
Hexamethylenediamine"
Hydrated Lime1
Hydrofluorosilicic Acid1
Hydrogen Peroxide1-2 (P,E)
Hydroxyacetic Acid1 (P)
Hydroxyethylacrylate1
Isophorone Diisocyanate1
(E)
Isopropanol" (P)
bopropyl Acetate"
Isopropylamine"
Lime1
Lithium"
Lithium Hydride1 (E)
Magnesium Chloride1 (P)
Mercaptoethanol1
Methamidophos1 (P,E)
Methyl Acrylate"
Methyl Amyl Ketone"
Methyl Butyrate2
Methyl Ethyl Pyridine"
Methyltrichlorosilane"
(E)
Morpholine"
Mustard Gas1 (E)
Nitrocellulose2
Nitrochlorobenzene, o-1
Nitromethane"
Oxalic Acid1 (P)
Pestickles"
(Use Category)
Phosphorus Tribromide2
Potassium Sulfide2
Propylene"
Propylene Glycol1 (P)
Silicon Chloride"
Silicon Tetrafiuoride2
Soda Ash1 (P)
Sodium Aluminate"
Sodium Chlorate" (P)
Sodium Chlorite2
Sodium Dichloro-s-
Triazinetrione1 (P)
Sodium Hydrosulfite1
Sodium Nitrate1-2 (P)
Sodium Pentachloro-
phenate" (E)
Sodium Sulfide1-2
Stearic Acid1
Sulfur" (P)
Sulfur Dioxide" (E)
Sulfur Trioride" (E)
Sulfuryl Chloride1-2
Thioglycolic Acid2
Thionyl Chloride2
Titanium Tetrachloride"
(E)
Toluenesulfonic Acid1
Trichloroisocyanuric
Acid"
Trichloromethyl-Sulfone1
Trichlorosilane"


* Certain isomers are CERCLA hazardous substances.
(P) - pesticide; (E) = EHS.
SOURCE:  (1) ERNS data, 1/87 - 7/91; (2) HMIS data, 1/82 - 7/91.

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                                                        MX III It IT 2-2
                     MOST KRKQUKN'I LY RKI'ORTKI) POTI'.NHAU.Y DANGKROUS SUHSTANCKS (KKNS DATA)
90CK
800-
                                                                 A. sulfur dioxide
                                                                 B. pesticide
                                                                 C. ethanol
                                                                 D. ammonium nitrate
                                                                 E. nitrogen
                                                                 F. sulfur triox'de
                                                                 G. dimethyl suffide
                                                                 H. titanium tetradiloride
                                                                  . isopropanol
                                                                 J. sulfur
                                                                 K. cartxsn monoxide
                                                                 Lpropytene
                                                                  M. cartwn black
                                                                  N. chlorine dioxide
                                                                 O.pentane
                                                                  P. sodium sulfkJe
                                 D
EFGHIJKL
   Potentially Dangerous Substance
M   N    O    P
                                                        15.

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                                                  EXHIBIT 2-3
                                POTENTIALLY DANGEROUS SUBSTANCES REPORTED
                                     RELEASED IN THE CREATKST QUANTIT1KS
25-fT
20-
15-'
10-'
  5-'
                            A. ammonium nitrate
                            B. sulfur
                            C. cartx>n monoxide
                            D. carbon black
                            E. nitrogen
                            F. sodium sutfide
                            G. sulfur dioxide
                            H. chlorine dioxide
                            I. propylene
                            J. pentane
                            K. ethanol
                            Lisopropanol
                            M. pesticide
                            N. sulfur trioxide
                            O. titanium tetrachloride
                            P. dimethyl sulfide
                                                                      1/91 - 7/91



                                                                      1989

                                                                      1988
                   BCD
E    F    G   H    I    J     K    L
   Potentially Dangerous Substance
M   N   O    P

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                              EXHIBIT 2-4
                 1-10
                         »10-100      >100-1K      »1K-1QK
                                Pound* Spllfed
                                                        >10K
Relationship Between Spill Size and Death or Injury (ERNS data),
                              EXHIBIT 2-5
                1-10
3.10-100  '   >100-1K     >1K-10K
       Pound* Splll*d
                                                        >10K
Relationship Between Spill Size and Death or Injury (HMIS data).
                                 - 17 -

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-18-

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                                          CHAPTERS

                       REPORT FROM WORKING  GROUP TWO:
                       SHORT-TERM INNOVATIVE SOLUTIONS
3.1 INTRODUCTION

    The broad goal of the task force focuses on
the  issue  of identifying potentially dangerous
substances that are not adequately regulated and
thus pose a significant risk to human health and
the environment when released.  Working Group
2 was given the general mission of identifying and
implementing short-term solutions to the problems
resulting from releases of inadequately regulated
potentially   dangerous    substances,  including
developing  possible  non-regulatory, innovative
approaches. To achieve this goal, Working Group
2 conducted activities  under two general tracks:

•   Implementation   of  short-term,  regulatory
    solutions -- focusing on a sub-set of the larger
    regulatory problem by analyzing the feasibility
    of establishing ecological and  human health
    criteria that can be used to identify additional
    substances   that  should  be   handled  as
    hazardous materials in transportation; and

•   Identification of  innovative,  non-regulatory
    solutions -- tapping into the expertise of the
    various task force members, as well as industry
    and other members of the public, to identify
    innovative   solutions, including   outreach
    materials and industry/government initiatives.

    Working Group 2 was chaired by Jim Jones,
Special Assistant to the  Assistant  Administrator
for Prevention, Pesticides, and Toxic Substances
(OPPTS),  and' included representatives  from
OPPTS, the Office of Solid Waste and Emergency
Response (OSWER)  and the Office of General
Counsel  within  EPA, and representatives  from
other Federal government agencies, including the
Departments of Agriculture and Transportation
and  the  National  Institute  of Environmental
Health Sciences (NIEHS).   Dorothy  Canter,
Science Advisor to the Assistant Administrator for
OSWER,   played   a  critical role   in  several
innovative, non-regulatory initiatives.
              ACHIEVEMENTS

       The specific accomplishments of the working
   group both  in the near  term and as part  of
   continuing activities include:

   •  Implementation   of   short-term.
      regulatory   solutions  -   Creation   of
      workgroup to identify potential ecological and
      human health  criteria for consideration  by
      DOT in identifying additional substances that
      should be regulated as hazardous materials in
      transportation.

   •  Identification of Short-Term. Innovative
      Solutions  -  Identification  of innovative
      approaches to reducing the risk from releases
      of potentially dangerous substances through:
      (1) an Open Forum for representatives  of
      interested government agencies,  industry,
      labor, and environmental groups, and the
      general public to exchange information about
      initiatives and other activities that could be
      taken to enhance the prevention and control
      of  releases   of   potentially  dangerous
      substances; and (2) an information-exchange
      exercise with task force members to identify
      other innovative solutions.

   •  Outreach - To enhance compliance  and
      control in the short term, development of.
      (1) an advisory to alert transporters and first
      responders of the hazards and  the reporting
      requirements that may arise when there is a
      release of a substance that rapidly forms a
      CERCLA hazardous substance when released
      into the  environment; and (2) a technical
      bulletin  on metam sodium,  its uses,  its
      environmental and human health effects, and
      ways in which it is regulated.
    The achievements of the working group are
summarized on this page. Further explanation of
the activities and  findings  under each of  these
areas is described in more detail in the sections
that follow.
                                               -19-

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3.2 CRITERIA FOR REGULATING
    POTENTIALLY DANGEROUS
    SUBSTANCES IN TRANSPORTATION

    One of the primary issues raised by the July
1991 release of metam sodium was the  tact that
the metam sodium in concentrations  of less than
35  percent was  not classified as a hazardous
material by DOT and, thus,  was not subject to
DOTs  hazardous materials regulations  (HMR).
Historically, DOTs primary emphasis has been to
regulate the transportation of materials that pose
medium and high acute hazards to human health.
The  HMR  both  lists specific  materials  as
hazardous  and provides criteria for classifying
hazards; pursuant to CERCLA section  306, any
CERCLA hazardous substance is also listed and
regulated as a hazardous material under HMTA.
The recent revisions  to  the  HMR set  forth in
Docket HM-181  (published December 21, 1990)
provide additional, expanded criteria for classifying
materials as poisonous, including numerical cutoff
values for  acute  toxicity.3  However, the HMR
does not specify  set criteria based on ecological
and non-acute human health hazards.

    In hearings before Congresswoman  Barbara
Boxer's Subcommittee on Government Activities
and Transportation, DOT testified that it looks to
EPA to take the lead in identifying substances that
pose  environmental  hazards.   In  subsequent
meetings between EPA and DOT, it was agreed
that EPA would investigate  the  possibility of
developing criteria for identifying substances that
pose   an  environmental  hazard,  as  well  as
substances that pose a human health hazard other
than the acute hazards already addressed by DOT
in  the  HMR.  EPA would  then  provide  these
criteria to  DOT for possible incorporation in the
HMR.

    To initiate the process of providing DOT with
criteria, Working Group 2 recommended that EPA
establish the  Interagency Criteria Development
Group to develop  options  for  ecological and
human health criteria. The Criteria Development
Group established by EPA included representatives
from the  following EPA  offices:   Prevention,
Pesticides, and Toxic Substances; Solid Waste and
Emergency Response; Research and Development;
Water; Air and Radiation; and Policy, Planning,
and Evaluation; as well as representatives from the
Departments   of  Agriculture,   Interior,  and
Transportation;  and  the  Agency   for  Toxic
Substances and  Disease Registry.   The Group
further subdivided into subgroups: one to develop
ecological effects criteria and the other to develop
human  health  effects criteria.    The  analysis
undertaken and  the  options developed by  each
subgroup are described below.

    Findings

    Ecological Effects Subgroup.   Given  that
DOTs HMR currently does not include ecological
criteria, the group first identified types of effects
(i.e., endpoints)  that would  address  ecological
threats posed by substances released in a one-time
spill event Endpoints considered included aquatic
acute toxicity, terrestrial  avian acute toxicity, and
terrestrial mammalian acute toxicity. For each of
these endpoints, the group then determined that it
was possible to identify different numerical cutoff
values to correspond to DOTs Packaging Groups
I, II, and III (i.e., those substances posing relatively
high, medium, and low hazards, respectively).  In
establishing the cutoff values, the group considered
the potential magnitude of transportation releases
and the relative frequency of different sizes  of
streams and rivers.

    Human Health Effects Subgroup. The human
health effects subgroup initially determined that it
would focus on criteria for human health effects
other  than acute lethality,  which  is  already
addressed by DOTs HMR.  It also decided that
the criteria should be based on toxicity associated
with acute exposure rather than chronic exposure,
because acute exposure is generally the primary
concern for transportation-related releases. Thus,
the criteria focus on subletha! human health effects
of acute exposure.

    The group determined, however, that data -
especially numerical  toxicity values - for  such
effects  are limited for many substances, and that
there are few, if any, existing criteria based on sudh
effects  that could be used as precedent. Thus, the
group focused the criteria development effort on a
small number of sublethal human health endpoints
associated  with acute exposure:  neurotoxicity,
developmental toxicity, and reproductive toxicity.
Although numerous  other endpoints potentially
could be  of concern, these  three were selected
because of their severity,  their clear and direct
association with  acute exposures, the (relatively)
high likelihood that at least some relevant test data
would  be available for many substances, and the
availability of consensus  EPA risk  assessment
                                               -20-

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guidelines for them.  The group also determined
that, due largely to limitations in data availability,
it  is  not  possible  at  this  time to  develop
scientifically defensible numerical cutoff values for
these three endpoints.  As a result, the group is
considering the development of qualitative criteria
that would define each of the three endpoints, so
that substances could be classified as either "known
to cause" or "not known to cause" the relevant
toxic effect(s).
           RECOMMENDATIONS

     Complete Analysis of Ecological and
     Non-Acute Human Health Criteria;
     EPA should continue to analyze issues
     surrounding the development of ecological
     and non-acute human health criteria and
     provide the criteria to DOT for
     incorporation, if appropriate, in its hazardous
     materials regulations. EPA also should
     provide technical support to DOT in its
     regulation development effort.
3.3 INNOVATIVE, NON-REGULATORY
    SOLUTIONS

    In setting the agenda for Working Group 2,
EPA   recognized  that  traditional,  long-term
regulatory approaches may not represent the only
way  to address  the  risks posed  by releases of
unregulated, potentially dangerous substances. In
other environmental areas, EPA has developed
voluntary   programs   to   achieve   tangible
environmental benefits through non-traditional,
non-regulatory approaches.

    To identify a broad range of possible non-
traditional approaches, the working group wanted
to draw upon the experience and expertise of task
force members  as well  as  industry  and other
members of the general public.  Two efforts were
undertaken: an internal T>rainstorming" effort and
an Open Forum with external groups.

    As a first step in identifying  non-traditional
options, the working group sought ideas from the
members of the Hazardous Substances Task Force.
At  the second meeting of the task force,  the
members were asked to present  ideas for both
short-term  and long-term innovative solutions to
the  problem  of better controlling  potentially
dangerous substances. This effort resulted in a list
of  35  ideas, which the  working  group  then
prioritized  and  categorized  by  subject   area,
including more  expansive  outreach efforts  to
improve information about the  presence of and
methods for responding to releases of potentially
dangerous  substances;   unproved  training  for
transporters and  emergency  responders;  and
improved accessibility and generation of data on
chemical toxicity and hazards.

    The working group also sponsored  an Open
Forum on October 29,1991, for representatives of
interested government agencies, industry, labor,
and environmental groups, and the general public.
The Open  Forum  provided an  opportunity for
these interested parties to exchange information
about planned and ongoing initiatives to enhance
the  prevention  and  control  of  releases  of
potentially dangerous substances, and to provide
suggestions  for non-traditional actions  that the
Federal government or private parties could  take
to address such releases.

    The Forum  was announced  in a Federal
Register notice  on  October  11,  1991  (56 FR
51626).  EPA directly contacted potential speakers
from  organizations  representing industry, labor,
and environmental4 concerns, as well as State and
local  government organizations  and  academic
institutions  involved in  release  prevention  and
safety. EPA also sent out a mailing to a number
of groups  that have an interest in  release planning
and  prevention,  and  in  Federal  regulatory
activities.  In addition to EPA and DOT officials,
the speakers at the forum  included representatives
from  the  following organizations:  the  Chemical
Manufacturers' Association (CMA); the American
Association of Railroads; the National Agricultural
Chemicals  Association;   the    International
Brotherhood  of   Teamsters;   the   AFL-CIO
Transportation Trades Department; the University
of Maryland's Center for Hazard Communication;
the  Workplace Health Fund and its Center for
Emergency   Response   Planning;   and   the
International    City/County   Management
Association.      Also   in   attendance  were
representatives  from industry,  labor,  Federal
government, and the press.

    The Forum began with an overview by EPA
and  DOT officials  on the  circumstances  and
implications of the July 1991 metam sodium spill,
and on  current DOT and task  force efforts to
address  the problem. The overview presentations
also  addressed   EPA  and  DOT  regulations
                                              -21 -

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governing the designation, control, cleanup, and
transportation of potentially dangerous substances.
The remainder of the morning session consisted of
presentations about planned and ongoing industry,
labor, educational, and local government initiatives
to  prevent and control releases  of potentially
dangerous substances in transportation and at fixed
facilities.   The afternoon  session  focused  on
information gathering and fact finding from these
groups  concerning  innovative,  non-traditional
activities that could be undertaken by the Federal
government and private parties to prevent and
control   releases   of   potentially  dangerous
substances.

    Findings

    The  innovative ideas  generated at both the
task force session and the Open Forum indicated
a need to focus  on  improvements in  training,
communication, and coordination. Participants at
the Open Forum identified a lack of information
and coordination  among regulatory  agencies,
industry, and  the general public as a fundamental
problem  in preventing and controlling releases of
potentially dangerous substances.   Many of the
initiatives suggested at the meetings were intended
to  prevent and mitigate  releases  by  providing
information and training to workers and emergency
response personnel. Specifically, some of the "high
priority" suggestions were:

•   Outreach -- developing various communication
    tools  for informing industry and the  public
    about the need for notification to the National
    Response Center following a  release of a
    potentially dangerous substance.  Specifically,
    developing television  spots to  publicize the
    role of the National Response Center and its
    phone number; and developing "environmental
    alert advisories"  to  discuss voluntary actions
    that can be taken in response to a release.

•   Training  - ensuring that the various parties
    responsible for  responding to releases  of
    potentially dangerous substances are provided
    with  adequate training, either  by increasing
    awareness about existing training programs or
    increasing funds available for training through
    grants and scholarships.

•   Data - identifying and filling gaps in data on
    potentially dangerous substances to ensure
    more effective emergency responses, including
    data on environmental and health effects, and
    ways in which releases can be handled.

The specific initiatives already being undertaken in
the chemical and transportation industries, labor
groups, and academic institutions are  presented in
the  summary  of the  Open  Forum,  which  is
provided as Appendix B to this report

    The  speakers  at   the  Open  Forum  also
identified  near-term   options  that  could  be
undertaken by government agencies to prevent and
mitigate    releases  of  potentially  dangerous
substances.  In general, these options stressed the
need  for   improved   communication   and
coordination among agencies, adequate training at
all  levels,   and  more  stringent  regulation  of
chemical production, transportation, and disposal.
Some of the specific suggestions made were:

•   Improve coordination  and  communication
    among  those Federal agencies  (i.e., DOT,
    EPA, and OSHA) that each have authority
    over certain aspects of chemical transportation
    and use.

•   Increase enforcement of worker safety and
    transportation regulations.

•   Provide  local  governments  with   greater
    authority  to  require  release  prevention
    initiatives.

•   Emphasize  the  importance  of training and
    encourage communities  to commit resources
    to training emergency responders.

•   Provide training programs to  help  prepare
    local officials for emergency response efforts.

•   Encourage companies and trade  associations
    to share training initiatives  and  improve
    communication among themselves.

•   Encourage    local   emergency   planning
    committees (LEPCs) to use available training
    programs to  ensure consistent,  high-quality
    emergency response training.

•   Encourage insurance companies to offer lower
    premiums to companies that take appropriate
    release prevention measures.
                                               -22-

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            RECOMMENDATIONS

       Enhance the Availability of Information
       on Potentially Dangerous Substances;
       EPA and trade associations (such as CMA)
       should work with chemical manufacturers to
       ensure  that material  safety  data sheets
       (MSDSs)  and  other emergency  response
       information include all available information
       that may be pertinent when responding to
       releases of potentially dangerous substances.
       This would include any possible breakdown
       products that may form or any hazardous
       characteristics  (e.g.,  toxicity,  ignitability,
       reactivity, or corrosrvity) that substances may
       display  when they  are  released  in  the
       environment.
3.4 OUTREACH

    In both the task force session and the Open
Forum, the need for communication with industry
and between agencies was identified as a key issue
in  preventing  and  controlling   releases  of
potentially  dangerous  substances.    Although
development and enforcement of regulations will
address the problem in the  long term, voluntary
compliance can be achieved in  the short term by
informing industry  about the problem at hand.
Working Group 2 has identified several initiatives
that can  be  undertaken by  both  government
agencies and industry to improve communication
and outreach.

    Advisories

    One high-priority innovative solution identified
during  the task  force  session was  to  issue
"environmental  alert  advisories*  to   discuss
voluntary actions that can be taken in response to
a  release.   As a first  step, the working group
suggested that  the Emergency Response Division
of  EPA's  Office of Emergency and Remedial
Response develop an advisory focusing on metam
sodium.  The advisory  was  intended to increase
transporters' and first responders' awareness of the
hazards and reporting requirements associated with
a situation that they may race, namely, accidents
involving  chemicals  that   become  CERCLA
hazardous substances when they are released into
the   environment.      The   advisory  discusses
characteristics of such chemicals; offers guidelines
for transporters and emergency responders for
incident  response,  transportation  safety,  and
reporting requirements for releases of unknown or
hazardous substances; stresses the importance of
notifying  the National  Response  Center,  and
provides contact names and addresses for obtaining
further information  on emergency response and
transportation outreach and training programs.

    It  is hoped  that this advisory will result in
increased   communication  among  the  parties
involved in or responding to these releases.  If
transporters and first responders are aware of their
responsibilities  and  know what  to do  when a
release occurs, releases of the size and destructive
potential of the recent metam sodium spill will be
less devastating and more quickly mitigated.

    In October 1991, Working Group 2 also issued
a technical bulletin containing information about
metam sodium, its regulation, and its health and
environmental effects.  The bulletin discusses the
uses  of  metam  sodium,  and   describes  the
circumstances under which  the July  1991 spill
occurred.     The  bulletin  also  explains  why
the particular release of metam sodium was subject
to CERCLA provisions, while the  chemical itself
is not  listed as a CERCLA hazardous  substance.
Finally, the bulletin provides addresses and phone
numbers for obtaining  further  information  on
CERCLA and designated CERCLA  hazardous
substances.
           RECOMMENDATIONS

      Develop  Additional  Advisories  to
      Enhance Communication: One or more
      advisories should be developed to address
      potentially dangerous  substance  releases,
      focusing on substances  that are highly toxic,
      released most frequently or in the greatest
      quantity, or have been responsible for the
      most  injuries,  damage, or  deaths  when
      released
    Training

    Another  particularly  important  issue   in
improving efforts to prevent and control releases
of potentially dangerous substances is the need for
adequate training.  The need for effective training
was  repeatedly  identified  as  a  high-priority
consideration  in both the Open Forum and  the
task force session.
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    Both   the  Superfund   Amendments  and
Reauthorizalion Act of 1986 (SARA) and the
Hazardous Materials Transportation Act (HMTA)
establish  basic  authorities,  requirements,  and
programs for training workers in the handling and
transportation of potentially dangerous substances,
respectively.    Some  of  the more  pertinent
components include:

•   Training Standards  - As required  by  SARA
    section  126,  OSHA and  EPA each  issued
    regulations that establish  minimum training
    standards for employees engaged in responses
    to releases of potentially dangerous substances.
     These regulations cover workers  at certain
    facilities who must respond to on-site releases,
    as well  as first responders  and HAZMAT
    teams that respond  for the community. The
    OSHA regulations  are codified  at 29 CFR
    1910.120 and  the  EPA  regulations,  which
    incorporate   the   OSHA  regulations  by
    reference,  are codified at 40 CFR 311.  DOT
    also has the responsibility  for developing and
    periodically  updating  a   curriculum  which
    consists of a list of courses and other resources
    necessary  to  train  public sector emergency
    response and preparedness teams.

•   Worker Training Grants Programs —  SARA
    section  126(g)  assists  qualifying non-profit
    programs  in training  workers  engaged  in
    hazardous waste removal and containment,
    hazardous material  handling, transportation,
    and   emergency  response.      NIEHS   is
    responsible for this program that now supports
    more  than  60 institutions.    Over 200,000
    workers nationwide  have been  trained in the
    first four years of the program.  Section 118 of
    HMTA, as  amended,  establishes  a similar
    assistance  program  specifically for training
    workers  engaged  in  hazardous  materials
    transportation, which is also administered by
    NIEHS.

•   State/Local Training Grants - HMTA also
    provides training funds to States  and local
    governments for use in emergency response
    training.   These DOT funds  will be  made
    available beginning in FY93.   In addition,
    LEPCs and their equivalents also may receive
    grants   for   planning  for    transportation
    emergencies;  such  grants will  help  make
    existing training programs more accessible to
    State and local planners and responders.
    Findings

    The need for effective training  has already
been  demonstrated.  One particularly successful
example identified by Working Group  2 is the
Railway Workers Hazardous Materials Project of
the George Meany Center for Labor Studies, which
is an  NIEHS  grantee.   Following  the metam
sodium  spill,  the  Project  developed  training
courses to ensure the protection of workers from
harmful exposure to metam sodium. In November
1991,  the  Project conducted  training,  in both
English and Spanish, for 456 California railworkers
in Los Angeles,  San Bernadino, Oakland,  and
Sacramento.

    The Railway Workers Hazardous Materials
Project provides  evidence that there are many
opportunities for training currently available in
both the private and public sector.  In particular,
many  public  training  programs  that  address
hazardous  materials  issues are  offered  at  the
Federal and State level.  Additionally, public and
private academic institutions (e.g., universities and
community   colleges),  as   well   as    private
organizations and institutes, offer opportunities for
additional training in planning and response to
releases of potentially dangerous substances.  An
abbreviated  list of sources  of information on
training opportunities or additional materials and
resources  identified by  the working group  are
presented in Exhibit 3-1.

    Although   there  are  numerous   training
opportunities and resources currently available, the
working group recognizes that knowledge and use
of these training opportunities may be insufficient.
Some  reasons identified by the  working group
include:

•   Availability of resources - Even when training
    information is available, the lack of financial
    resources or the time to undertake training is
    often an impediment  These resource and
    time constraints  are  particularly true  for
    volunteer  fire fighters, who  make  up  the
    majority of first  responders.   This  problem
    may be compounded when training efforts are
    not coordinated and the resulting duplications
    waste scarce resources.

•   Quality of training materials  ~ High-quality
    training materials and programs are essential
    to protecting workers and the community.
    However, in some cases, although there may
                                               -24-

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                                      EXHIBIT 3-1

     SOURCES OF INFORMATION ON TRAINING RESOURCES AND OPPORTUNITIES
The following is an abbreviated list of some training resources and opportunities identified by the
Working Group:

•  Minimum Criteria for Worker Health and Safety Training for Hazardous Waste Operations and
   Emergency Response - This peer-reviewed NIEHS document establishes the minimum criteria
   for training programs to effectively address the OSHA requirements in 29 CFR 1910.120, and
   describes minimum generic training curriculum guidelines. This document resulted from an
   NEHS-sponsored technical workshop of experts from academia, management, labor, and
   government, and has had wide technical review in  both private and public sectors, including the
   NRT Training Committee.  This document is available from the National Clearinghouse on
   Occupational and Environmental Health (see below).

•  Hazardous Materials Incident Response Training (HMIRT> Program - The HMERT program,
   available from EPA's Environmental Response Team (ERT), is designed for emergency
   responders and personnel who investigate and clean up uncontrolled hazardous waste sites. The
   HMERT program has a curriculum of 12 courses that provide technical and professional
   training in worker health and safety and in various operations that must be performed by site
   personnel engaged in hazardous materials response activities. (Note: because  these courses are
   highly technical, they may not be appropriate for all levels of workers.)  The course schedule  is
   available from EPA/ERT, 26 West Martin Luther  King Drive, Cincinnati, OH  45268, (513) 569-
   7537.

•  Standard Operating Safety Guides (SOSG) and the 'Four-Agency' Document - EPA/ERTs
   SOSG and the Occupational Safety and Health Guidance Manual for Hazardous Waste Site
   Activities (Four-Agency document), written jointly  by OSHA, EPA, NIOSH, and the U.S. Coast
   Guard, both provide guidance on fulfilling OSHA  requirements for training workers engaged  in
   hazardous waste operations and emergency response.  SOSG is available through the National
   Technical Information Service (NTIS) at 703-487-4650.  The Four-Agency document is available
   from NIOSH, Publications C-13,4676 Columbia Parkway, Cincinnati, OH 45226-1998,
   (513) 533-8287.

•  National Clearinghouse on Occupational and Environmental Health - This clearinghouse,
   administered by the Workplace Health Fund, disseminates a wide variety of training materials.
   The clearinghouse is located at 815 16th Street, NW, Suite 301, Washington, DC 20006,
   (202) 842-7833.

•  National Fire Academy and Federal Emergency Management Administration (FEMA') - The
   National Fire Academy and the Emergency Management Institute of FEMA provide training
   materials for use by State and local emergency responders. They provide "train-the-trainer"
   courses  at the Emmitsburg, Maryland, facility and disseminate materials to States for use in
   their own training programs.  Contact FEMA, National Emergency Training Center,
   Emmitsburg, MD 21727-8995.

•  Hazardous Materials Information Exchange (HMDO - HMTX is an electronic bulletin board
   sponsored by DOT and FEMA, with support from EPA, providing information about training
   opportunities and facilitating an exchange of information, (708) 972-3275 or FTS 772-3275; for
   technical assistance: (800) 752-6367.
                                         -25-

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   be funding for training, the materials available
   may not be of sufficient quality. In particular,
   training materials may not adequately address
   the  OSHA regulations  for  hazardous waste
   operations and emergency response.

•  Training appropriateness - Training material
   for  emergency  response may not always be
   presented in a  form  appropriate for  all
   audiences; materials may be too technical or
   provided  at  a   reading   level   that   is
   inappropriate for certain audiences, or may be
   in the wrong language.  For example, trainers
   working   with   the   emergency  response
   personnel handling the metam sodium spill
   reported a need to translate English training
   material  into Spanish.  In  other cases, the
   trainers themselves  may not be adequately
   trained to effectively disseminate such training.
     RECOMMENDATIONS

Ensure that  Interested  Parties  are
Informed  About Currently Available
Training Materials and Ways tn Which
These Curricula or Materials Can Be
Effectively Disseminated;  Government
agencies involved in the preparation and
dissemination of training materials  should
coordinate  their activities to avoid overlaps
and confusion and make the most of existing
training  resources.  One focal point  for
Federal coordination is the NRT Training
Committee, which comprises representatives
from all key agencies that  have training
responsibilities.  The committee should be
fully supported and its  efforts expanded to
reduce duplication and  to ensure adequate
dissemination and sharing of training course
information.

Increase Support for Appropriate and
Proven   Training   and   Education
Programs;   Programs such  as  those
supported by EPA, DOT, OSHA, FEMA,
and NTEHS should be expanded to continue
to provide models for and to stimulate high
quality training at the local level.
                                                -26-

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                                         CHAPTER 4

                     REPORT FROM WORKING GROUP THREE:
                     LONGER-TERM REGULATORY SOLUTIONS
4.1 INTRODUCTION

    Working  Group  3  of  the  Hazardous
Substances  Task  Force  was  charged  with
identifying and, to the extent possible, developing
longer-term,  more  traditional  approaches  to
preventing and addressing releases of potentially
dangerous substances. The approaches pursued by
Working Group 3 include the development of a
Federal Register Notice that  clarifies existing
notification   requirements   under  CERCLA;
identification of regulatory or guidance options
that could be used to require or solicit additional
notification to the National Response Center for
releases of potentially dangerous substances that
cause substantial harm to human health or the
environment; and consideration of several different
approaches that would add chemicals to the list of
hazardous substances under CERCLA, including a
methodology to identify criteria  that may be used
to screen chemical databases to identify potentially
dangerous substances that currently are not listed
as hazardous substances under CERCLA.

    CERCLA defines  hazardous  substances  in
section  101(14)  by  reference  to  environmental
statutes implemented by EPA.  In particular,
hazardous substances include any substance listed
pursuant to  sections 307 and 311 of the Clean
Water Act (CWA), section 112  of the Clean Air
Act (CAA),  or section  3001 of the Resource
Conservation and Recovery Act (RCRA), those for
which action has been taken under section 7 of the
Toxic Substances Control Act  (TSCA),  or any
substance  specifically designated  as  hazardous
under CERCLA section 102. Persons in charge of
facilities or  vessels  must  immediately  report
releases of CERCLA hazardous substances to the
National Response Center, if the  release is into
the environment in quantities that equal or exceed
a reportable quantity (RQ).  In  addition, persons
responsible for a release or potential release of a
hazardous substance may be held liable for any
response  costs  and  natural  resource  damage
resulting from the release.

    An  underlying  purpose of  the  Working
Group's activities was to  explore whether  the
              ACHIEVEMENTS

   The  working  group  produced  three  major
   documents that together achieved its mandate:

   •   Clarification   of   Reporting
       Requirements - a Notice that  will  be
       published  in  the  Federal Register that
       clarifies  and   reiterates  the   CERCLA
       notification requirements.

   •   Additional Reporting - an issues/options
       paper  analyzing  several  regulatory and
       guidance  options  that could  result  in
       increased notifications  to the National
       Response Center  of any chemical  release
       that directly causes significant adverse effects
       to human health or the environment.

   •   Hazardous Substance Designation - an
       evaluation of three different approaches for
       designating additional chemicals as hazardous
       substances under CERCLA:

       (1) an analysis of current Agency authority to
       immediately designate a chemical that has
       caused significant damage as a result of a
       release;

       (2) an  analysis of the  advantages and
       disadvantages  of  designating  potentially
       dangerous substances on pre-established lists
       as hazardous substances under CERCLA;
       and

       (3) a  report on a Strategy for developing
       criteria to identify  potentially  dangerous
       substances that should be considered for
       designation as  hazardous substances under
       CERCLA, and  implementation of  that
       strategy to  identify  a  preliminary  list of
       potentially dangerous substances.
CERCLA hazardous substances list includes, to the
extent   practicable,   all  potentially  dangerous
substances  that, when  released,  pose a serious
threat  to  human health  and the  environment.
Further, the working group  examined whether
                                              -27-

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there is a  need for  prompt notification to the
National Response Center for releases of other
potentially dangerous substances that might require
a Federal response.

    The  Working  Group's  achievements  are
summarized in the box on the previous page.

    Working  Group 3 was  chaired by  Barbara
Hostage of the Emergency Response Division in
the Office of Emergency and Remedial Response,
and included representatives from the EPA Offices
of  Research   and   Development;  Prevention,
Pesticides,  and Toxic Substances;  Solid  Waste;
Solid Waste and  Emergency Response;  General
Counsel; and Chemical Emergency Preparedness
and Prevention. In addition, representatives from
the following Federal agencies provided significant
contributions  to  the working group's efforts:
Departments   of  Agriculture,  Interior,  and
Transportation; National  Library  of  Medicine;
National  Institute   of  Environmental  Health
Sciences; and the Agency for Toxic Substances and
Disease Registry.

4.2 CLARIFICATION OF REPORTING
    REQUIREMENTS

    The recent metam sodium spill drew attention
to the potential for delays in notification to the
National  Response  Center about releases  of
substances that are not specifically listed CERCLA
hazardous substances, but that nonetheless rapidly
form hazardous substances when released into the
environment.  That spill revealed that persons in
charge of facilities  or vessels  may  not  be fully
aware  of the  CERCLA section 103 notification
requirement to immediately report to the National
Response Center the release of a substance that
rapidly forms  an RQ  or  more  of  a RCRA
hazardous waste.  Because metam sodium, while
not  specifically  designated  as   a  CERCLA
hazardous  substance, rapidly  hydrolyzed and
decomposed into at least three specifically listed
CERCLA   hazardous   substances,  including
hydrogen sulfide, monomethylamine, and carbon
disulfide, and exhibited the reactivity characteristic
of  a  RCRA  hazardous waste,  it became  a
CERCLA  hazardous substance  pursuant  to
CERCLA section 101(14)(C) when released. The
metam sodium spill thus  should  have  been
reported immediately to the National Response
Center.
    To improve the likelihood that future releases
of substances similar to  metam  sodium will  be
immediately reported to  the National Response
Center, Working Group 3 prepared a draft Federal
Register Notice that addresses this issue.

    The  Notice  reiterates  the criteria used  to
define a RCRA characteristic waste and explains
that a generally good source of information about
a  chemical's hazardous  characteristics  and  its
potential breakdown products is the material safety
data   sheet  (MSDS).      OSHA   requires
manufacturers to develop MSDSs and to make the
MSDS available to downstream  processors and
users of the chemical pursuant to the requirements
of the Hazard Communication Standard (29 CFR
1910.1200).  Although information on the MSDS
is not always complete and readily comprehensible,
the MSDS  is at  times  the primary  source  of
information on a chemical's potential hazards.  An
MSDS  often   contains  .information  on   the
fiammability and reactivity of the chemical, based
on  ratings  established  by  the  National  Fire
Protection Association; these ratings are based on
criteria similar to those that define  a RCRA
characteristic waste. In addition, OSHA published
           RECOMMENDATIONS

       Publish the Clarification Notice; EPA
       should publish the clarification Notice to
       enhance  the  likelihood  that  potentially
       dangerous substances that are not specifically
       listed   as  hazardous  substances  under
       CERCLA would be reported immediately to
       the National Response Center when they are
       released at potentially hazardous levels.

       Encourage Chemical Manufacturers to
       Include Information  in MSDSs about
       Potential  Breakdown   Products  of
       Chemicals;     Because  transporters,
       processors, and users of chemicals often
       must rely on MSDSs as their sole source of
       information about the potential hazards of
       chemicals, EPA should work  closely with
       OSHA and with chemical manufacturers to
       ensure  that  accurate   and  complete
       information  about   potential   hazards,
       including  those associated with breakdown
       products, of  chemicals is included in the
       MSDSs.
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an Advisory in Appendix C to 29 CFR 1910.1200,
which lists available sources of information about
the hazards of chemicals. The clarification notice
references both the  Advisory  and  the  Hazard
Communication Standard, and reiterates that if a
reasonable person  should have  known that a
substance when  released would  become a RCRA
characteristic waste, failure of the person in charge
of  the  vessel  or facility  to  comply  with the
notification provisions in CERCLA can  result in
serious penalties. The Notice emphasizes that it is
advisable, and parties are encouraged, to report all
significant releases   of potentially  dangerous
substances. The message in the Notice is:  When
in doubt, report.

4.3  ADDITIONAL REPORTING

    Although  the  clarification  notice described
above will enhance the likelihood that the National
Response Center will receive an  increased number
of reports of releases of potentially dangerous
substances, the working group concluded that there
was still a large universe of substances at  fixed
facilities and in transportation that, if released into
the environment, would currently not be reported
to  the   Federal government  because  current
regulations do not affect these substances.

    The working  group believes  that  Federal
notification   could   be  enhanced   further  by
developing a  regulation  that  would  establish
specific  reporting  triggers  that are  tied to the
potential adverse effects of the release rather than
to  a specific  list  of substances.   Statutory
justification  for  such  regulatory action could  be
found in CERCLA section  115, which authorizes
EPA to promulgate any regulations necessary to
implement CERCLA, and 104(e), which authorizes
EPA  to collect information about  releases  of
potentially dangerous substances so that EPA may
carry out its responsibility to respond to releases of
pollutants  and  contaminants   under CERCLA
section   104(a),  and  to  designate  additional
substances  as  hazardous   substances  under
CERCLA section 102.

    EPA implements two other statutes that also
may provide authorization  for  a regulation that
requires  releases   of  potentially  dangerous
substances to   be  reported  to  the  National
Response Center: The Clean Air Act (CAA) and
the  Toxic  Substances Control  Act  (TSCA).
Section  112(r)(7) of the CAA provides EPA with
general  authority to establish regulations requiring
 reports of releases of certain substances into the
 air.  This authority, however, would enable EPA
 only to require reports to the National Response
 Center of releases to air, CERCLA provides EPA
 with   authority  to  address   releases  to  all
 environmental media.

    Section  8(e) of  TSCA  already  requires
 manufacturers,  processors,  and  distributors of
 chemicals to notify  EPA when  a  release of a
 chemical  causes  significant damage  to  human
 health or the environment TSCA, however, does
 not cover pesticides and certain other categories of
 substances (e.g., Pharmaceuticals). An EPA policy
 statement issued on  March 16, 1978  (43 FR
 11110),  and   currently  undergoing  revision,
 nonetheless  does require  notification to  the
 National Response Center when there is a release
 of a potentially dangerous substance that causes
 serious barm to human health or the environment
 The TSCA section 8(e) reporting triggers could be
 clarified  to  ensure  that releases of potentially
 dangerous substances are reported to the National
 Response Center  in a timely manner.  Exhibit 4-1
 summarizes  some of the issues considered by the
 working group in considering the various statutory
 authorities.

    The   working  group   also  believes  that
 notification to the National Response Center could
 be enhanced if EPA were to develop a regulation
 or guidance  that identifies which chemicals would
be likely to exhibit  a characteristic of a RCRA
 hazardous waste when the chemical is released into
 the environment.  If a chemical,  when released,
 becomes a hazardous waste,  it also automatically
becomes a  CERCLA hazardous  substance and
 persons responsible for the release of such a waste
would  be subject to CERCLA notification and
 liability provisions.

    Reporting Triggers

    Working Group 3 identified several possible
 reporting triggers that could be used to require
 immediate notification to the National Response
 Center  of  releases  of potentially  dangerous
substances.  For example, death or serious injury
where medical attention is needed could be used to
ensure that  the Federal government is notified
about releases of potentially dangerous substances
that  cause serious acute human  health effects.
Establishing  appropriate   reporting   triggers,
however, that reflect the likelihood that serious
environmental or chronic human health  effects
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                                                                 EXHIBIT 4-1

                                                  SUMMARY OF REGULATORY OPTIONS
                   OPTION
           ADVANTAGES
             DISADVANTAGES
1.   Promulgate a regulation under CERCLA
    sections 104 and 115 that requires notification
    to the National Response Center when an
    accidental release of a potentially dangerous
    substance into the environment causes certain
    human health and environmental effects or
    exceeds a specified quantity
Not restricted by substance or media

Requirement could be justified not only on
need for designation, but also for response
obligation
    Could be controversial because requiring
    notification of a release of a potentially
    dangerous substance could lead to eventual
    designation of that substance as a hazardous
    substance under CERCLA, with its attached
    liability
    Promulgate a regulation under CERCLA
    sections 104 and 115 that requires immediate
    notification to the National Response Center of
    a release of 100 pounds or more of specifically
    listed chemicals that are likely to exhibit a
    RCRA characteristic when released

    Alternatively, provide list of substances in
    guidance rather than in CFR table
TSCA and FTFRA labeling requirements could
be used to support its implementation

Would promote compliance with existing
obligation to immediately report releases of
substances that, when released, become RCRA
hazardous wastes

Assists EPA in fulfilling its obligation to
respond to releases of hazardous wastes
•   List of chemicals and criteria may be extremely
    controversial and difficult to generate

•   Producers of chemicals will not want their
    products labeled as hazardous

•   May overwhelm the National Response Center
    and Federal response system
3.   Promulgate a regulation under CAA section
    112(r)(7) that requires notification to the
    National Response Center when a release of a
    potentially dangerous substance into air causes
    certain specified human health and
    environmental effects or exceeds a specified
    quantity
Less direct link to eventual designation of a
chemical as a hazardous substance under
CERCLA and to CERCLA liability if section
112(r) authority is used

Statutory listing criteria under section 112(r)
are analogous to proposed reporting triggers
•   CAA section 112(rX7) only addresses releases
    of specific substances to the ambient air

•   CAA section 112 addresses only releases from
    fixed facilities

•   Unking the notification regulation to the
    designation of substances under section
    112(b)(2) is closely aligned with CERCLA
    designation and liability
4.   Revise the Policy Statement under TSCA
    section 8(e) to clarify the requirement to notify
    the National Response Center when a release
    of a chemical causes certain specified human
    health and environmental effects or exceeds a
    specified quantity
Implements existing statutory interpretation;
could be fairly noncontroversial
    TSCA section 8(e) does not apply to releases
    that are otherwise required to be reported to
    EPA

    TSCA excludes coverage of chemicals used
    solely as pesticides

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may occur as a result of an accidental chemical
release is more problematic.  Possible approaches
may include establishing a reporting trigger of "any
fish or other wildlife kill directly related to  the
presence   of  a   released   chemical"   and/or
establishing  a specified released quantity as a
reporting trigger. The specified quantity could be
based  on historical  release quantities that have
been  responsible  for the  majority of  serious
chemical  releases  (e.g., 10,000 pounds  based on
data from ERNS), the highest RQ level of 5,000
pounds, or some other basis.

    The  success of  this  regulatory approach is
directly related to whether  reasonable  reporting
triggers can be established  that  are  clear  and
recognizable but  not overly  inclusive.   It  is
extremely important that a balance  be  struck
between  the need to ensure that the National
Response Center is  notified in a  timely manner
about  any   serious  release  of  a  potentially
dangerous substance and the need to ensure that
the Federal  response system, as  well as  that of
industry, is  not overwhelmed with reports about
releases to which the Federal government would
never,  or  rarely, respond, and which are currently
being adequately addressed at the local level.

    An alternative to this regulatory option would
be  to  adopt the  selected reporting triggers as
guidance, and to publicize those triggers through
such  things  as  advisories  to  industry trade
associations, and to encourage responsible parties
to  notify the National Response  Center on a
voluntary baste if  a release exceeds one  of the
designated triggers.  This voluntary  approach to
notification  may accomplish the same goals as a
notification   regulation,   but  would   be  less
controversial.

    Products That Exhibit RCRA Characteristics

    The Working Group considered development
of a second  regulation under CERCLA sections
104(e) and 115, or guidance materials, that would
enhance the likelihood that releases of chemicals
that become RCRA characteristic wastes upon
release into the environment are  immediately
reported to  the National Response Center.  The
regulation or guidance  would  identify  a  list of
chemicals that, based on their chemical properties,
are likely to exhibit RCRA characteristics when
released into the environment and become a waste.
RCRA  characteristic  wastes  are   CERCLA
hazardous substances and have an assigned RQ of
 100 pounds.  Thus, this option would adopt the
 100 pound reporting trigger for a specified list of
 chemicals that exhibit the characteristics of toricity,
 ignitability, corrosivity, and reactivity as defined
 under section 3001 of RCRA.

    Promulgation of such a regulation, or adoption
 of such guidance materials, would not alter existing
 CERCLA   liability  or  notice  requirements;
 responsible parties may only be held liable  for
 releases  or  threatened  releases  of  CERCLA
 hazardous substances.  The guidance  would only
 state that such substances have a  likelihood of
 becoming  RCRA   characteristic  wastes  upon
 release.   The listed  chemicals would not  be
 designated as  hazardous substances, and  thus
 would not  automatically be subject to CERCLA
 liability, the status of the released substance under
 RCRA and CERCLA would depend on whether
 after a release occurs, the waste indeed meets the
 definition of a hazardous waste under section 3001
 of RCRA  This suggested regulation or guidance
would only  address notification to  the  National
Response  Center,  ensuring  that  the Federal
government has the opportunity to  evaluate  the
           RECOMMENDATIONS

      Consider Clarifying Reporting Triggers
      Linked to the Effects of a Release; EPA
      should review the reporting triggers under
      TSCA section 8(e) to determine whether they
      are adequate to ensure timely notification of
      releases of potentially  dangerous substances
      that may warrant a  Federal response.  If
      necessary,  revise  the  TSCA  section  8{e)
      reporting triggers to provide increased clarity.

      Develop a List of Chemicals Likely to
      Become  RCRA  Characteristic Wastes
      When Released  into the Environment:
      To enhance notification  to toe  National
      Response Center, EPA should provide more
      information about chemicals that are likely to
      exhibit  the  RCRA  hazardous   waste
      characteristics if they are  released into the
      environment and not cleaned up.  Guidance
      should be adopted that lists those chemicals
      that, when released, have a high probability of
      satisfying the criteria of toricity, ignitability,
      corrosivity, and reactivity specified in RCRA
      regulations defining characteristic wastes (40
      CFR part 261.21-.24).
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release in a timely manner and,  if necessary, to
respond to the release.  Because publication of a
regulation or guidance would rely on a specific list
of chemicals (and not jo»i specified characteristics),
the requirement to report releases of these wastes
would be clearer and thus more likely to occur.

    The feasibility of this approach depends upon
how straightforward it would be to develop a list of
chemicals that exhibit the RCRA hazardous waste
characteristics when released into the environment
Manufacturers  of  identified  chemicals   may
vigorously  resist  any characterization  of their
chemicals  as   "hazardous"  without   specific
designation under CERCLA or a showing that the
chemical, when released, will become a RCRA
hazardous waste.

4.4 DESIGNATION OF HAZARDOUS
    SUBSTANCES

    Several different approaches for expanding the
list of hazardous substances designated under
CERCLA were explored by Working  Group 3,
including:   (1) automatically designating any
chemical that, upon release to the environment,
has been shown to cause  significant damage to
human health or the environment (e.g., metam
sodium); (2) initiating a rulemaking to designate
under  CERCLA  the  marine   pollutants  in
MARPOL Annex III  (which  include metam
sodium); and (3) developing criteria for identifying
potentially dangerous substances  that should be
designated  as   hazardous   substances  under
CERCLA

    Immediate Designation

    In response to a request from Congresswoman
Boxer, the working group evaluated invoking the
'good   cause"   exception   contained  in  the
Administrative   Procedure   Act   (APA)  to
immediately  designate  metam  sodium  as  a
hazardous substance under CERCLA. Section 553
of the APA requires that administrative rules and
regulations be  promulgated pursuant to "notice
and comment."  Subsection (b)(3)(B) provides an
exception to the notice and comment requirement
"when the agency for good cause finds ... that
notice  and  public  procedure  thereon  are
impracticable, unnecessary, or contrary to the
public interest."  Pursuant to that exception, EPA
may promulgate an interim final  rule that would
take effect immediately upon promulgation when
the  Agency  can show "good  cause"  for  not
following normal notice and comment procedures.

    After considerable scrutiny of this provision, it
was determined that it would be inappropriate to
list metam  sodium  as  a hazardous substance
without notice and comment.

    In a  letter to  Congresswoman  Boxer on
October  29,  1991,  Don  Clay, the  Assistant
Administrator for OSWER explained the Agency's
position.   He  stated that  although  it was of
foremost importance to EPA that  the metam
sodium spill had caused significant environmental
abuse  to a  45-mile  stretch of  the Sacramento
River, including abundant fish and animals killed,
restrictions on recreation,  and potential human
health  consequences, the Agency believed it  was
inappropriate to pursue an immediate hazardous
substance designation by invoking the "good cause"
exception to the APA  That decision in no way
should  suggest,  however,  that EPA did  not
consider this an issue of serious importance. As a
result of the release, EPA has initiated  a broad
review of the regulatory framework through which
the Agency responds to releases of substances like
metam sodium.

    The  APA  requires   that  regulations  be
promulgated pursuant to notice and comment
unless the Agency for "good cause" finds that such
procedures  are  impracticable,  unnecessary, or
contrary to the public interest.  Because metam
sodium, when released, rapidly formed CERCLA
hazardous substances when it came in contact with
water,  and  became  a  hazardous  waste under
RCRA, the CERCLA  reporting and response
authorities were triggered at the time the release
occurred  or shortly thereafter.    Thus,  the
immediate listing of metam sodium as a CERCLA
hazardous substances would not accord the Agency
significant  additional  reporting  or  response
authority.

    Further, EPA believes that the underpinnings
of notice and comment rulemaking should not be
disregarded  lightly.   In fact, the importance of
notice  and  comment is underscored  by EPA's
recent  efforts to promulgate a rule to designate
226 extremely hazardous substances (EHSs) as
CERCLA hazardous substances. Among these 226
EHSs are  29 pesticides, many of which are more
acutely toxic to humans than  metam  sodium.
Nonetheless, EPA is following notice and comment
rulemaking  procedures  in  seeking to list  these
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extremely toxic chemicals. The Agency believes it
would be inappropriate to invoke the "good cause"
exception to the APA for metam sodium when that
exception was not evoked for the 226 EHSs.

    In  sum, EPA has determined that invocation
of the  "good cause"  exception  would  not be
appropriate for  metam  sodium.   In  the future,
however,  the  Agency is not  precluded  from
invoking  that   exception to  designate  other
substances in appropriate circumstances.

    Designation  of MARPOL Annex HI Marine
    Pollutants

    The MARPOL Annex III list of pollutants,
which  includes  metam sodium, is made  up of
marine pollutants and severe marine pollutants
that are regulated while in maritime transit under
an international treaty known as the 1978 Protocol
to the International Convention for the Prevention
of Pollution  from  Ships, or  the  MARPOL
Protocol. Annex III "responds to concerns about
the possible  adverse  environmental  impact of
packaged harmful substances entering the marine
environment due to ship collisions, grounding, and
other accidental and operational causes."  On June
10, 1991, the President signed Annex HI of the
MARPOL  Convention with no  resolutions or
reservations;  MARPOL Annex  III   becomes
effective on July  1, 1992.

   Annex III of MARPOL is titled "Regulations
for the  Prevention  of  Pollution by  Harmful
Substances Carried by Sea in Packaged Form" and
applies to all ships. Annex Ill's major provisions
include:  (1) a  requirement  that packaging of
harmful substances be adequate to minimize the
hazard to the marine environment posed by the
package's specific contents; (2) a requirement that
packages be marked with a durable and distinctive
label which identifies  the contents and  that the
contents are potentially harmful; (3) a requirement
that  packages be stowed  onboard  ship in a way
that minimizes the risk to the marine environment;
(4) a requirement that the vessels  cany a special
list  or  manifest  setting  forth  the  harmful
substances on board, and where they are stowed;
and  (5)  permission for  parties to prohibit or
impose  quantity limitations on the carriage of
certain substances.

    Annex  III   regulates  over   400  harmful
substances.   Many of these  pollutants  have an
extremely high  potential to cause  significant
adverse human health and environmental effects
upon release into the environment. One hundred
and fifty-three (153) of the MARPOL Annex DI
pollutants are already  on  the list of CERCLA
hazardous substances.  Twenty-nine  (29) of the
MARPOL Annex III pollutants are EHSs already
proposed to be designated as CERCLA hazardous
substances (54 FR 3388, January 23,1989). There
are 241 MARPOL Annex III pollutants, however,
that  are not  currently CERCLA  hazardous
substances and have not yet been proposed for
designation as CERCLA  hazardous substances.

    For  the purposes of Annex  III, substances
identified by any one of the following criteria are
marine  pollutants:     (1)  substances   that
bioaccumulate to a significant extent and  are
known to produce a hazard to aquatic life or to
human health; (2) substances that bioaccumulate
with attendant  risk to aquatic organisms or to
human health with a short retention of the order
of one week or less;  (3) substances that are highly
toxic to  aquatic  life; or  (4) substances that  are
liable to  produce tainting of seafood.

    The  working group  considered  whether all
Annex HI marine pollutants should be designated
as hazardous substances under CERCLA because
the MARPOL pollutants could be released  into
navigable waters of  the United States and could
cause severe damage; except for those pollutants
already  designated   as  CERCLA  hazardous
substances, parties responsible for such releases
would  generally not be subject  to CERCLA
notification requirements.

    The working group was concerned, however,
that not  all  marine  pollutants on  the MARPOL
Annex III list are considered to be toxic.   For
example, nine of the pollutants are on  the  list
because they can taint seafood (i.e., affect the smell
or taste, not the safety).  Such a characteristic may
not  be  sufficient  to  warrant  designating  the
pollutant  as  a  hazardous  substance  under
CERCLA.

    Further,  because  DOT  has  proposed  to
regulate  the MARPOL Annex III pollutants as
hazardous materials, the  benefits  from EPA
regulatory action under CERCLA would be less
significant

    The  working  group  believed  that a better
alternative to designating all MARPOL Annex III
marine pollutants as hazardous substances under
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CERCLA would be to develop criteria that could
be used to screen databases and lists of chemicals
for the most potentially dangerous substances that
are  currently  not  on  the  CERCLA  list of
hazardous substances.   Any pollutants  on the
MARPOL Annex III list that met those criteria
would  be considered for designation, along with
other  potentially  dangerous substances.    The
criteria could be used to identify and designate the
subset of MARPOL Annex III pollutants that most
warrant listing.

    Designation Criteria

    Specific designation of potentially dangerous
substances  as   hazardous  substances   under
CERCLA would subject them to regulatory control
and should minimize the occurrence of accidental
releases and the consequent damage.  Currently,
there are 783  designated  CERCLA  hazardous
substances derived from  the lists under the CWA,
CAA,  and RCRA, including 51 hazardous air
pollutants  (46  individual  substances   and  5
categories) added by Congress under the CAA
Amendments of 1990.5  In  addition, EPA has
proposed to designate 226 EHSs listed pursuant to
section 302 of Title HI of SARA

    To designate a substance as hazardous under
CERCLA section 102(a),  EPA must be able to
show that the  substance,  "when released in the
environment may present substantial danger to the
public health or welfare or the environment." To
date, EPA has not developed quantitative criteria
to serve as a designation standard under CERCLA
The   working   group,   therefore,   devoted
considerable  energies to reviewing criteria  and
evaluating the  implications  of selecting those
criteria for the  universe of potentially dangerous
substances  that   would   be  considered  for
designation under CERCLA

    The working group used screening criteria that
included measures of the following types of effects,
reflecting CERCLA's mandate to protect human
health,  welfare, and  the  environment:   acute,
chronic,  and potential carcinogenic  effects to
human health; physical effects such as ignitability
and  reactivity,  and  ecological  effects.    The
screening criteria enabled  the working group to
search large databases electronically, which was the
most  feasible  way  initially  to  examine  large
numbers of substances.  It was anticipated that this
would be a process that would undergo a series of
refinements and the substances identified would be
further evaluated.

    To measure the potential adverse effects on
human health,  substances  that  exhibit  acute
mammalian toxicity (as measured  by an LD50 or
LC50  below  specified  levels)  were  screened
considering oral, dermal, and inhalation routes of
exposure.   The screening levels selected for each
exposure route are shown in Exhibit 4-2 and are
based  on  the  methodology used  to adjust  RQs
under CERCLA section 102.

    Reproductive effects were  the primary  non-
carcinogenic  chronic effect considered by  the
working  group, although  other  criteria were
considered indirectly by augmenting the candidate
chemical list with the nine  additional substances
not currently on the CERCLA list of hazardous
substances that were identified as chronic toxicants
by  OSHA  and  the  National   Institute  of
Occupational Safety and Health (N1OSH).6

    Substances also were included as candidates
for designation  if  they are  considered  to be
potential human carcinogens based  on analyses
performed  by the  International  Agency  for
Research on Cancer (IARC) or by the National
Toxicology Program (NTP).   Potential human
carcinogens were identified by these organizations
through the review of bioassay data that indicated
potential human carcinogenicity based on human
or animal evidence studies,  while  noting varying
degrees of certainty associated with the research.
IARC potential human carcinogens were included
if IARC assigned the substance to Groups 1,2A or
2B;  NTP  potential  human  carcinogens  were
included  if they were contained in the  Fifth
Annual NTP Report on Carcinogens.

    For ecological considerations, aquatic toxicity
criteria were selected as a preliminary screening
criterion.   Physical  criteria  (i.e.,  ignitability/
flammability and reactivity) also were considered,
although  at  this  time  the screening  criteria
included  primarily  non-quantitative key word
searches    (e.g.,   an   electronic    search   for
"flammable").

    The working group used five screening levels
for acute and chronic mammalian toxicity, aquatic
toxicity,  and  ignitability,  the  five  levels   are
equivalent  to the thresholds used  to adjust final
RQs under CERCLA The RQ levels were used
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                                       EXHIBIT 4-2

                             SCREENING CRITERIA BY LEVEL
Criteria
Level 1
Level 2
LevelS
Level 4
LevelS
Acute Mammalian Toxicity
Oral LD50
(mg/kg)
0 to < 0.1
Oto < 1
0 to < 10
0 to < 100
0 to < 500
Dermal LD50
(mg/kg)
0 to < 0.04
0 to < 0.4
Oto < 4
Oto < 40
Oto < 200
Inhalation LCSO
0 to < 0.4 ppm
0 to < 4 ppm
0 to < 40 ppm
0 to < 400 ppm
0 to < 2000 ppm
Aquatic
LC50 (mg/1)
0 to < 0.1
0 to < 1
0 to < 10
0 to < 100
0 to < 500
Ignitability
Not used
Pyropboric or self ignitable
FP < 100°F
BP < 100°F
FP< 100°F
BP£100°F
FP< 140°F
1 Searches were also conducted for data expressed in mg/m3.

                           ADDITIONAL SCREENING CRITERIA

                     Additional screening criteria were applied to databases.
Carcinogenicity
1. Listed in 1ARC 1A, 2A, 2B
or
2. Listed in the Fifth Annual
NTP Report on Carcinogens
Reactivity
Textual search for keywords
such as detonation,
polymerize, and stabilizer.
Chronic Toxicity
Search on RTECS for
reproductive effects, plus
additional NIOSH chronic
toxicants.
*  The TSCA and FIFRA inventories were screened to eliminate chemicals that are not currently in
production.

                                       EXHIBIT 4-3

   NUMBER OF POTENTIALLY DANGEROUS SUBSTANCES MEETING EACH CRITERIA LEVEL1

Level 1
Level 2
Levels
Level 4
LevelS
Standard Species
147
250
594
1,057
1,506
Unspecified Species
268
466
923
1,540
2,131
          1 The fathead minnow and the bluegill are standard species for aquatic toxicity, and the
          rat is the standard species for acute mammalian toxicity and chronic toxicity.
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as preliminary screening criteria because they are
quantitative and allow for fairly  straightforward
electronic screening of large databases. Chemical
databases were screened at each of the five levels
for toxicity data based on studies using standard
and •unspecified" species.

    A final  screening  criterion  was  used  to
preserve  on  the  candidate  list  only  those
substances that are not currently in commercial
production.  Presence on either the list of pesticide
active ingredients pursuant to FIFRA or on the
publicly available portion of the TSCA Inventory
served to efficiently identify substances that are
more likely to pose a threat to  human health,
welfare, and the environment. The working group
assumed that substances not produced or used in
commerce are less likely to be released into the
environment and exposure to such chemicals would
likely be minimal.

    The working group developed and analyzed the
effects of these human health and environmental
screening criteria assuming that there would be
ample opportunity later to carefully augment and
modify the criteria.  For example, members of the
working group raised particular concerns about the
criteria used to identify potential chronic toxicants
and  other toxicants that  induce  chronic effects
following acute  exposure,  as well  as  ecological
toxicants. The lack of precise quantitative criteria
for the  former  and reliance  solely on  aquatic
toxicity for  the  latter caused  some concern for
working  group members.   Before any rulemaking
proceeds, therefore, the working  group strongly
recommends that the screening criteria be carefully
reviewed and  revised  as  necessary; none of the
criteria should be considered final.

    Databases

    Three primary databases were considered for
the first tier  screening:   the Registry of  Toxic
Effects of Chemical Substances (RTECS), Aquatic
Information and Retrieval (AQUIRE), and the
MERCK database.  RTECS was selected  as a
starting point because it contains toxicity data on
approximately 110,000 chemicals.   A chemical is
listed  in RTECS if there  is  at  least  one
documented positive  study indicating  that  it is
toxic.  IARC data were accessed  through  data
fields in RTECS.   Similarly, there are fields in
RTECS  that  identify  those chemicals  on  the
publicly available TSCA Inventory and/or on the
FIFRA list of pesticide active ingredients.
    As the primary source of aquatic toxicity data,
the AQUIRE database was consulted.  AQUIRE
has information on approximately 4,000 chemicals.
The information on ignitability and reactivity was
obtained from the MERCK database, an index
developed by the MERCK Company that includes
information   on  ignitability,  reactivity,   and
corrosivity for approximately 10,000 chemicals.

    Two chemical lists were consulted subsequently
to the screening analysis to  begin  to test  the
comprehensiveness of the screening criteria:   the
MARPOL Annex III list of marine pollutants that
contains 270 substances  not currently listed as
CERCLA  hazardous substances  (all  but  nine
marine pollutants  were identified based  on the
screening criteria; metam sodium was identified as
Level  2), and the  list of 226  EHSs not  on the
CERCLA hazardous substances list

    Exhibit 4-2 presents the five screening levels
and  their  associated criteria  used  to identify
potentially dangerous substances that are currently
not  designated as hazardous  substances under
CERCLA.   Exhibit  4-3  shows  the  number  of
substances that would be affected if EPA selected
each screening level.

    Additional Screening Criteria

    Besides considering modified screening criteria
to identify chronic and ecological toxicants,  the
working  group  believes   it is  appropriate  to
consider additional criteria to further narrow and
fine-tune the candidate list. One possible criterion
could be a minimum production level for candidate
chemicals  because  chemicals produced in small
quantities  are less  likely  to  be transported and
used at different facilities and thus  may pose a
lower hazard.  A production level threshold  of
10,000  pounds could  be considered, based on the
fact that such a threshold was used to develop the
list of  regulated substances under CAA section
112(r)  and to require reporting of toxic chemicals
under SARA Title III section 313. Alternatively,
a threshold could be  established  by analyzing
production levels for chemicals that have caused
serious adverse effects in the past

    The working group acknowledges that there is
a potential problem in using production levels as
a screening criterion for designating substances as
hazardous substances under CERCLA;  namely,
production  can change  relatively quickly and,
indeed, has been known to change in response to
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regulatory actions. Nonetheless, the working group
believes  that  such a  criterion  should be given
serious  consideration   by  future  workgroups
finalizing designation screening criteria.

    A second screening criterion  that should be
considered would be release history. Consideration
should be given to those substances that have been
released in  the  past and have caused significant
damage to human health or the environment. For
example,  Working Group 1 identified a  list of
potentially dangerous substances that caused death,
injury, or environmental/property damage when
released in the past  These substances should be
considered carefully for designation as hazardous
substances under CERCLA.

    Finally, because the RQ adjustment criteria
are not risk  based,  it may be appropriate to
analyze the potential risks attributable  to releases
of the candidate chemicals. This final risk analysis
could be used to further identify the substances of
greatest concern. It would be important, however,
that the risk  models rely  on the equations and
default  values contained in  the Risk Assessment
Guidance for Superfund and that they consider both
episodic acute exposures and continuous chronic
exposures caused by releases of these  potentially
dangerous substances.  The risk analysis also could
be used  to quantify the benefits associated with
designating   these   chemicals  as   hazardous
substances under CERCLA
         RECOMMENDATIONS

•  Resolve Issues Related to Designation
   of EHSs Prior to Developing Criteria:
   Several issues surrounding the Agency's
   efforts to designate EHSs as CERCLA
   hazardous substances could  significantly
   affect any designation criteria. These issues
   should be resolved, therefore, prior to
   moving forward with criteria development
   under CERCLA.

•  Consider Refining Screening Criteria.
   Validating  Data,  and   Establishing
   Priorities for Designating Chemicals As
   Hazardous Substances under CERCLA;
   The   results  of  toe  analysis,  although
   preliminary, indicate that there are potentially
   dangerous substances in commerce such as
   metam sodium that should be considered for
   designation under CERCLA.  No definitive
   candidate chemical list can be generated based
   on this preliminary analysis, however, until
   there  is opportunity for a comprehensive
   review of the studies and data supporting the
   toxicity findings. Serious consideration should
   be  given  to   convening  an   interagency
   workgroup to develop additional criteria or
   take other actions to refine  or expand upon
   the approach and analysis conducted by the
   working group thus far.
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                                  ENDNOTES FOR DOCUMENT

1.   Reports of releases of potentially dangerous substances may be made to the National Response Center
    for a variety of reasons. Many Federal statutes and regulations direct release reports to the National
    Response Center, including the Toxic Substances Control Act, HMTA, CERCLA, CWA, and others.

2.   Copies of the ERNS data analyses are available from EPA through the ERNS Program Manager,
    (202) 260-2342.

3.   These criteria will be phased-in over the next three years, but voluntary compliance is encouraged until
    the regulations are in effect It should be noted that the new criteria would have covered the
    transport of metam sodium if the concentration of the  mixture being transported was at least 35
    percent metam sodium; however, in the July 1991 incident, the mixture was only 32 percent.

4.   Although a number of environmental organizations were contacted and invited to speak at the Open
    Forum, all of the groups declined because of prior obligations.

5.   CERCLA section 101(14) defines hazardous substance to include (A) any substance designated
    pursuant to section 311 of the Clean Water Act (CWA), (B) any element, compound, mixture,
    solution, or substance designated pursuant to section 102 of CERCLA, (C) any hazardous waste
    having  the characteristics identified under or listed pursuant to section 3001 of RCRA, (D) any toxic
    pollutant listed under section 307 of the CWA, (E) any hazardous air pollutant listed under section
    112 of the Clean  Air Act, and (F) any imminently hazardous chemical substance or mixture with
    respect to which EPA has taken action pursuant to section 7 of the Toxic Substances Control Act.

6.   The nine additional chronic toxicants were identified hi the  NIOSH Recommendations for
    Occupational Safety and Health Standards (1988).  The nine toxicants are:  carbon black, carbon
    monoxide, carbon dioxide, cobalt, furfural alcohol,  isopropyl alcohol, 2-nitronaphthalene, phenol-beta-
    naphthylamine, and zinc oxide.
                                             -38-

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                                     LIST OK ACRONYMS
AHE     -     Acme Hazardous Events




APA     -     'Administrative Procedure Aci




AQUIRE  -     Aquatic Information and Retrieval




ARIP     -     Accidental Release Information Program




ATSDR   -     Agency for Toxic Substances and Disease Registry




CAA     -     Clean Air Act




CASRN   -     Chemical Abstracts Service Registry Number




CERCLA  -     Comprehensive Environmental Response. Compensation, and Liability Act




CWA     -     Clean Water Act




DOT     -     Department of Transportation




EHS      -     Extremely Hazardous Substance




EPA      -     Environmental Protection Agency




ERNS     -     Emergency Response Notification System




FEMA    -     Federal Emergency Management Agency




FIFRA    -     Federal Insecticide, Fungicide, and Rodenticide Act




HM1S     -     Hazardous Materials Information  System




HMR     -     Hazardous Materials Regulations




HMTA    -     Hazardous Materials Transportation Act




HSEES    -     Hazardous Substance Emergency Event. Surveillance




IARC     -     International Agency for Research on Cancer




LEPC     -     Local Emergency Planning Committee




NIEHS    -     National Institute of Environmental Health Sciences




NIOSH    -     National Institute of Occupational Safety and Health




NRC     -     National Response Center




NRT     -     National Response Team





                                             -39-

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NTP

OSC

OSHA

RCRA

RSPA

RTECS

SARA

SERC

TSCA
                     LIST OF ACRONYMS
                          (continued)

National Toxicology Program

On-Scene Coordinator

Occupationsal Safety and Health Administration

Resource Conservation and Recovery Act

Research and Special Programs Administration

Registry of Toxic Effects of Chemical Substances

Superfund Amendments and Reauthorization Act of 1986

State Emergency Response Commission

Toxic Substances Control Act
                                            -40-

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          REPORT OF THE
HAZARDOUS SUBSTANCES TASK FORCE
            APPENDIX A
          Case Study of the
            July 14, 1991
     Cantara Loop Train Derailment

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                              TABLE OF CONTENTS






Section                                                                              Page






Introduction  	A-l



Uses and Regulation of Metam Sodium  	A-l



Accident Summary   	A-l



Notification and Response Actions 	A-l



Health Effects	A-3



Environmental Effects	A-3



Post Accident Activities	A-4



Addendum: Chronology of Spill Response Activities	A-5

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INTRODUCTION

    This case study is an overview of the events
that occurred during and after the derailment of a
Southern Pacific train car containing the pesticide
metam sodium on July 14, 1991, near Dunsmuir,
California.    The  train   car  was  carrying
approximately 19,500 gallons of metam sodium
which spilled into the Sacramento River, resulting
in extensive environmental damage, adverse health
effects that ranged from  minor  irritations  to
nausea, and reduced tourism in a town known for
its  location on  and near  world  class  fishing
streams.   The spill  has called into question the
adequacy  of  existing methods  for  transporting
hazardous  materials  and   other   potentially
dangerous substances, and controlling them when
released,  and has  prompted  policymakers  to
examine the process of reporting and responding
to environmental disasters.

    This   case  study summarizes  information
gathered from a  number of different Federal and
State  regulatory  authorities, as well as  from
Southern  Pacific Transportation Company (the
owner  of  the  train from  which  the  release
occurred),  to  provide  a context  in  which  to
understand and apply the task force's findings and
recommendations.   The  case study is organized
into sections on the  uses and regulation of metam
sodium, a summary  of the accident, notification
and response activities, information on  health and
environmental effects, and a description of post-
release activities.

USES AND REGULATION OF METAM SODIUM

    Metam sodium  is a soil-applied pesticide for
soil fungi, weed seeds, nematodes, and soil insects,
and is used in the United  States  primarily on
potato crops.  As shipped on July 14,1991, metam
sodium was not regulated  as a hazardous material
by the DOT under HMTA.

    Under CERCLA, as  amended, a potentially
dangerous substance is a hazardous substance if it
is listed or designated pursuant to the authority of
specific environmental statutes listed in CERCLA
section 101(14),  including the Clean Water Act,
Clean Air Act, RCRA, and CERCLA section 102,
or if action has been taken with respect thereto
under section 7 of TSCA.  Metam sodium is not a
specifically listed CERCLA hazardous  substance.
 The release of metam sodium on July 14, 1991,
 however, was subject to the reporting and liability
 provisions of CERCLA  because, when released,
 the  metam   sodium  rapidly   hydroryzed  and
 decomposed  to form several different specifically
 listed hazardous substances, and because metam
 sodium became a hazardous waste as defined under
 section 3001 of RCRA.

    Under the Federal Insecticide, Fungicide, and
 Rodenticide Act, metam sodium is regulated as an
 active ingredient in registered pesticide products.
 It also  is  a  marine pollutant under  MARPOL
 Annex  II  and III1;  and  is a  hazardous  and
 dangerous  material under  U.S.  Coast  Guard
 regulations governing  shipment  of materials by
 vessels.

 ACCIDENT SUMMARY

    On Sunday, July 14,1991, a Southern Pacific
 train derailed just north of Dunsmuir, California,
 on a section of track known as the Cantara Loop.
 Several cars fell down a 25-foot rocky embankment
 into  the  Sacramento River.    The tank  car
 positioned  five cars behind the  locomotive was
 thrust  into an inverted  position and sustained
 punctures above and below the waterline.  This
 tank car contained approximately 19,500 gallons of
 metam sodium, and within a very short time,
 virtually all of the pesticide was released into the
 Sacramento River.

    The exact cause of the Dunsmuir spill is still
 under  investigation, but  Southern Pacific  has
 suggested several factors as possible contributors to
 the incident:  the positioning of the tank car close
 to the head of the train immediately behind a long
 empty flat  car, extreme draw-bar forces; a  sharp
 throttle increase;  the step grade that includes
 several sharp curves; and  the positioning of cars
 loaded with scrap metal at the rear of the train,
which consisted predominantly of empty cars.

 NOTIFICATION AND RESPONSE ACTIONS

    The derailment occurred at approximately 9:40
 p.m. and was first reported by Southern Pacific to
the California Office of Emergency Services (OES)
just before 11:00 p.m.  Southern Pacific did not
 report at that time that the tank car containing the
 metam sodium had ruptured or that there was a
 release of pesticide into the Sacramento River. At
                                              A-l

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11:40, California Department of Fish and Game
(DFG) officials arrived at the scene.  Southern
Pacific notified the  National  Response Center
about the derailment at 1:2G a.m. on July 15,1991,
more than three hours after the incident  At 3:30
a.m.,  the  On-Scene Coordinator  (OSC)  from
USEPA Region 9 contacted the California DFG to
offer assistance, but was told at that time that no
assistance was needed because no release  had
occurred. At 5:45 a.m. on July 15, California DFG
officials notified  USEPA Region 9 that a three-
inch hole in the tank car had been located  and
metam sodium was indeed being released from the
car into the Sacramento River.   The  USEPA
Region 9 OSC again offered to assist the State in
the  response;  however, State  officials  again
declined the offer,  believing at the time that the
situation was under control. The addendum to this
case study presents a chronology that summarizes
the  notification  and  response  activities  that
occurred during the first three days of the spill.

    Later on the morning of July 15, 1991, the
California  OES  and California  DFG  notified
USEPA Region 9 that the spill was more serious
than originally reported and that the Sacramento
River  appeared  to  be  seriously  affected.    In
response to this report, but still without request by
the State of California, two USEPA OSCs began
the 5-hour drive from San Francisco to Dunsmuir
and arrived at the spill scene at approximately 5:00
p.m., July  15,  1991.  Simultaneously,  USEPA
requested that the U.S. Coast Guard Pacific Strike
Team  (PST) also  respond to  the  release.   The
State of California  formally  requested  Federal
USEPA  assistance at approximately  1:00 p.m.,
when it was confirmed  that virtually all of the
contents of the tank car had spilled into  the
Sacramento River.

    The  response was  organized  under  the
structure of the Incident Command System2 with
the California DFG and California  Division of
Forestry and Fire Protection sharing the command.
More  than  60 Federal,  State,  local, and private
agencies and  organizations  participated  in  the
response. The USEPA, in conjunction with several
California State agencies, ensured that appropriate
response actions were (and continue to be) taken.
For example, upon  arrival, the USEPA OSCs
established an exclusion and contaminant reduction
zone, and met with the California Department of
Occupational Safety  and Health to discuss safety
planning.   The  OSCs oversaw  the  removal of
residual metam  sodium from the tank car, and
removal of the  tank car from  the  river.   The
USEPA issued an enforcement order under section
106 of CERCLA to ensure that Southern Pacific
undertook  appropriate response activities.   The
CERCLA trust fund, Superfund, was accessed to
finance an emergency  response for  a  plume
interdiction operation at Lake Shasta.

    Once the severity of the spill was fully realized,
the two counties bordering the spill area declared
local emergencies and activated  their emergency
response systems.  A Shasta County emergency
response center  was opened in  Redding, and a
Siskiyou County center was established in the city
of Mt. Shasta. The California DFG acted as the
State   Agency   Coordinator  at  the  Incident
Command  Center,  and  was  responsible  for
assigning key staff to both of the county centers.
Officials at these centers focused on evaluating the
spill impact on the environment and public health.

    On July 15,1991, a planning meeting was held
to organize local agencies and coordinate response
activities.  Representatives from the USEPA and
the Coast Guard PST met with representatives of
Southern Pacific on July 16,1991, to discuss details
of the response action.  On July 16, the residual
material remaining in the tank car was removed
and the tank car itself was removed from the river.
Analysis of air and water samples showed levels
above  the  human  health  warning  limits  of
methylisothiocyanate,   a  harmful   breakdown
product of  metam sodium.

    Southern Pacific hired a clean-up contractor to
contain the   spill.    Various  proposals  for
containment or  cleanup were discussed  among
Southern Pacific and the governmental agencies.
The proposals included reducing the river flow in
affected areas to  facilitate use of activated  carbon
treatment;  pumping contaminated  water  from
pooled areas  into  rail  cars and/or trucks;  and
dissipating  the plume by aerating and agitating the
water.   On July 19, the Incident  Commander
approved  initiation of plume  aeration in Lake
Shasta.  These aeration  activities commenced on
July 20.

    In addition  to providing on-site  technical
assistance,  the USEPA set  up an "air curtain"
downstream from the Southern Pacific operations
                                               A-2

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as a plume interdiction measure.  The air curtain
was  designed to remove residual substances that
escaped the aeration system.  The USEPA also
assessed treatment methods for substances entering
Lake  Shasta;  made  available  EPA's  remote
submarine to conduct subsurface monitoring and
sampling; and  provided  assistance to  California
DFG  with  the Department's  natural  resource
damage assessment plan.  In addition, the USEPA
participated in a public meeting to discuss the spill
and  response,  status  of the river restoration,
enforcement,   and   economic   and   financial
reimbursements.

HEALTH EFFECTS

    Exposure to metam sodium has the potential
for causing adverse health effects from both acute
and  chronic exposures.3  In addition,  existing
medical  conditions  may be  exacerbated  upon
exposure to metam sodium.  Examples of acute
health effects include excessive salivation, sweating,
fatigue, weakness, nausea, headache, dizziness, and
eye  and  respiratory  tract irritation.   Chronic
conditions can include conjunctivitis, photophobia,
and  blurred vision.   Studies also have suggested
that the chemical may exhibit reproductive toxicity.
Medical  conditions  that are  prone  to  further
aggravation  upon exposure  to metam  sodium
include impaired pulmonary  functions and pre-
existing eye problems.

    A California Department of Health Services
physician,  Dr.   Lynn  Goldman,  testified  that
exposure to metam sodium particularly affected
citizens with  pre-existing conditions,  many  of
whom had lower immunity at the time of the spill,
putting them at greater risk for exposure-related
ailments.  Emergency room records at the local
hospital indicate increased activity levels in the
aftermath of the spill.  Between July 15 and July
31,  for example, there  were  252 visits to the
emergency room, compared with eight visits for the
first three weeks in August4  The most common
symptoms  were  nausea  (reported in  51%  of
patients), headaches (44%), eye irritation (40%),
throat irritation (26%), dizziness (23%), and
shortness of breath (21%).

    Pregnant women are of special concern  to
health officials and continue to be monitored as a
group because they have an elevated risk for
chemical  exposure-related  medical problems5.
The fetuses of pregnant women exposed during the
first few weeks of pregnancy may be at increased
risk for neural  tube  defects.    The  California
Department of Health Services advised pregnant
women to undergo a test to screen for this type of
birth defect if they were in  the first trimester of
pregnancy.

ENVIRONMENTAL EFFECTS

    The California DFG has primary responsibility
for assessing the total resource damage attributable
to the metam sodium  spill  According to early
accounts, all aquatic life and substantial amounts
of vegetation  along a  45-mile stretch of river
leading to  Lake  Shasta  was destroyed.  Several
sources place the number of fish killed at more
than  200,000.   The area affected  by the spill
supports more   than  240  species  of wildlife,
including 75 mammalian species; 17 reptile species;
14  amphibian  species;  and 140 bird species.
Among the mammals are the black bear, black-
tailed deer, mountain lion, coyote, raccoon, river
otter, and mink.  The birds include several species
of songbirds, hawks, and owls, as well as  the
flycatcher, bald eagle, and osprey. The amphibians
include several species of salamanders and frogs;
reptiles include the western pond  turtle, three
lizard species, and 12 snake species. In addition, a
large number of insect species are found in this
habitat Several of the species potentially affected
by  the  spill  are  considered endangered  or
threatened, including the bald eagle, Swainson's
hawk, peregrine falcon, and wolverine.

    It is clear from early assessments that the spill
dramatically altered the ecological system. In their
recently published draft Natural Resource Damage
Assessment Plan, the California  DFG outlines
plans for assessing longer term damage to species
known to be injured, and those suspected to be
injured, by  the spill.

    Assessments indicate that the spill has  not
affected the drinking water supply to the residents
of Dunsmuir, and California DFG  biologists have
noted  that insects,  algae, and  small trout  are
returning to the river faster than  originally
anticipated. Naturalists  fear, however, that large
trees lining the banks may die within a few years,
and would not be fully replaced for up to 50 years.
                                               A-3

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POST ACCIDENT ACTIVITIES

    Due to  the  severity of the  spill,  several
Federal, State, and local agencies are conducting
investigations in an attempt to determine the long-
term effects of the spill and to assess how similar
releases might be prevented in the  future.   In
addition, support services are being offered  by
Southern Pacific, that will  provide the town of
Dunsmuir needed health and financial resources.

Southern Pacific Support Services

    Southern Pacific has taken several measures to
reduce  the  burden placed  on the  citizens  of
Dunsmuir as a result of the spill. Southern Pacific
reports that the company has spent approximately
S3 million for spill-related clean-up, medical check-
ups, economic recovery, and for other purposes.
Southern Pacific  also established  a  community
relations office in Dunsmuir to encourage dialogue
between top  Southern Pacific officials and  the
citizens of the region and opened a claims office to
reimburse certain expenses incurred as a result of
the spill.  As of October, 1991, Southern Pacific
reports it had received over 1,400 claims and made
payment on 500 of these claims.

California DFG Resource Damage Assessment

    Immediately following the spill, the California
DFG announced plans to conduct a comprehensive
natural resource damage assessment. This damage
assessment will determine the amount of damage
to the ecosystem and will estimate the costs of
restoration.  A draft assessment plan was released
in  mid-October.  The  damage assessment will
include a description of the contamination and
pathways  of exposure,  a .determination of the
quantity  of  injury,  a  resource  recoverability
analysis, and  a  restoration  and  compensation
determination plan.

Legislative Initiatives

    Congresswoman Boxer has introduced  three
bills as a result of the metam sodium spill.  H.R
3423 and H.R. 3424 would amend HMTA.  H.R.
3423 would require DOT to list as hazardous
materials  any material  designated  by the U.S.
Coast Guard as a hazardous material when shipped
by water.  H.R. 3424 proposes to change the focus
of  HMTA  by  amending   the  definition  of
"hazardous material" in section  102(4) of HMTA
to include substances  that pose an unreasonable
risk to the  environment when  transported in
commerce, including  risks posed  by accidental
discharges  to  water, air,  or  soil.   In addition,
Congresswoman Boxer introduced  a  bill,  H.R.
3758, to add metam sodium to the DOT hazardous
materials  list  and  the  CERCLA  hazardous
substances list.

Joint Government Enforcement

    Immediately following thespill, representatives
from Federal, State, and local governments met to
develop a cooperative approach to  enforcement
actions arising out of this incident EPA Region
9 is participating in this enforcement effort, along
with the U.S. Departments of Justice and Interior,
the  U.S.  Forest Service, California  Attorneys
General's  Office (on  behalf of various   State
agencies), and the District Attorneys from Siskiyou
and Shasta Counties.
                                               A-4

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                                           Addendum:
                    Chronology of Cantata Loop Release:  July 14 - August 6, 1991


                                          JULY 14,1991

9:40 pm    A Southern Pacific (SP) Transportation Company locomotive and six freight cars derail at the
           Cantara Loop, between the towns of ML Shasta and Dunsmuir, Siskiyou County, California. The
           cars fall directly into or adjacent  to the  Sacramento  River.   One tank car containing
           approximately 19,500 gallons of the pesticide metam sodium begins discharging into the river,
           apparently  unknown to the railroad personnel.

11:00 pm   SP reports  rail accident to the California Office of Emergency Services (OES);  initial reports
           indicate a minor train  derailment involving a tank car of weed  killer.  As a precaution, the
           Sheriffs Department issued an advisory for the general population to stay away from the river and
           to keep all  windows closed.


                                         JULY 15, 1991

1:18 am    SP reports the train derailment to the National Response Center, indicating that diesel oil spilled
           onto the banks of the Sacramento River and that one tank car, carrying a weed killer, rested in
           the river but was not leaking.

1:30 am    OES reports the SP train derailment to the U.S. Environmental Protection Agency (EPA) Region
           9. An EPA On-Scene Coordinator (OSC) receives the initial report of a train derailment from
           the National Response  Center.  This report does not specify that the river is being affected and
           does not request EPA assistance.

3:30 am    The OSC contacts the California Department of Fish and  Game (DFG) and offers  EPA
           assistance, which is declined.  The metam sodium leak from the tank  car has  not yet  been
           reported.

5:00 am    Estimated time that the pesticide reaches the town of Dunsmuir. Estimates indicate that metam
           sodium will flow through 45 miles of river to the Sacramento Ann of Lake  Shasta over the course
           of the next three days.

5:45 am    California DFG Incident Commander (1C) contacts the EPA OSC to report a 3" hole in the tank
           car that has leaked approximately 1000 gallons of weed killer: 200 gallons into the river and 800
           gallons onto the river bank. EPA's offer to assist is again declined.

5:50 am    Fisherman  and SP personnel observe massive fish kill underway.

7:00 am    EPA OSC reports the incident to the EPA Region 9 Emergency Response Section chief.

10:00 am   Two OSCs dispatched to  the scene, although  EPA assistance still has not been  requested and
           confirmed reports of the metam sodium spill have not been received.

11:00 am   SP's hazardous materials team, wearing protective clothing, determines additional damage exists
           to tank car below the water line.

11:30 am   EPA OSC requests that the U.S. Coast Guard (USCG) Pacific Strike Team (PST) respond to the
           incident.


                                              A-5

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12:00 pm   The California Highway Patrol closes nearby interstate highway.

1:00 pm    State of California EPA formally requests Federal EPA assistance and confirms the report that
           most of the 19,500 gallon tank car load has spilled into the river.

5:00 pm    EPA and PST arrive at the site and find inadequate safety practices in effect. EPA assumes
           temporary command at the scene. SP is ordered to provide security in order that unauthorized
           persons do not enter the site.

6:00 pm    The interstate highway is reopened.

6:15 pm    EPA is informed by SP personnel that the track, after extensive hours of repair, is open and clear;
           trains will be coming through on schedule. A Sisktyou County Health Administrator arrives and
           expresses concerns about the lack of air monitoring.  Seventy residents have been treated for
           complaints ranging from minor skin irritations to nausea.

7:30 pm    Site operations suspended due to darkness.  EPA's offer to assist in directing the recovery and
           removal efforts at the spill scene are accepted, provided EPA activities are within the scope of
           the Incident Command System (ICS). California DFG assumes the lead in monitoring the river
           cleanup and impact of the spill.

9:25 pm    EPA issues a verbal Notice of Federal Interest to SP, under the Comprehensive Environmental
           Response, Compensation, and Liability Act, considering the company a potentially responsible
           party for the cleanup of the spill.

9:30 pm    A meeting is held at the Command Post (CP) to  inform responding agencies of the  status of
           activities surrounding the incident and identify tasks to be performed.  It is discovered that
           voluntary evacuation of the Dunsmuir townspeople has begun.  Information regarding metam
           sodium and its properties is available for planning  response activities.

11:00 pm   EPA meets with  California Department of Occupational Safety and Health to discuss safety
           planning for removal operations scheduled to begin on July 16,1991.


                                          JULY 16, 1991

12:00 am   Responding agencies meet at the CP to discuss operations and safety plans for pumping and
           removal of the tank car, as approved by the 1C

7:00 am    EPA and PST meet with SP to discuss details of the removal  A site safety meeting is held to
           review the details of the operation.

11:15 am   EPA allows SP to operate trains during tank car removal.  Several trains coming through cause
           delays in response operations.

12:15 pm   Pumping equipment is ready for operation.  A test train operated by Southern Pacific with the
           Federal Railroad Administration personnel on board to observe is included in the rail traffic line-
           up.

3:15 pm    The 2,800 gallon capacity vacuum truck is positioned near the river and approximate 2,100 gallons
           of the tank car contents are removed. The railcar is dragged across river onto the bank, releasing
           liquid through previously unseen punctures in the tank car.
                                               A-6

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4:40 pm    Worker and equipment decontamination commence. Operations at the spill site begin partial
           demobilization.

5:00 pm    EPA takes aerial photos of the spill site, Sacramento River, and Lake Shasta for visual assessment
           of the damage. The river appears cloudy with a pale green color in the area of Dunsmuir and
           many dead fish are seen.  Several members of the media are seen wading through the river in
           areas not authorized for public access.

PM        A meeting is  held to inform responding agencies of decision to establish a  separate CP in
           Redding.  EPA asks 1C to concentrate on the remediation of the spill downstream of the train
           wreck.
                                          JULY 17,1991

AM       EPA continues to emphasize immediacy in beginning operations on spill cleanup.  Several
           methods are discussed as options. PST views the river and reports conditions similar to those
           reported by EPA Responding agencies learn that incorrect medical treatment information has
           been released to area physicians.

12:00 pm   Physicians from CAL EPA arrive.  They begin to implement proper treatment practices and
           consult with SP to improve air sampling.

2:00 pm    EPA is informed that DFG 1C, in agreement with Shasta County 1C, is not requiring SP to begin
           remedial actions in the river.  Because the pesticide had already reached Shasta Lake, it was
           considered inconsequential to concentrate on the river. EPA and Siskiyou County officials believe
           differently and request 1C to reconsider.

6:20 pm    SP is issued a verbal order by DFG 1C to begin removal of contaminants from eddies and deep
           pools.


                                          JULY 18,1991

10:00 am   PST personnel are released from  the scene.

4:00 pm    SP reports delay in the river pumping due to technical difficulties within the contaminated water
           storage system and problems with Department of Transportation driver time.

6:00 pm    A meeting is held at the Redding CP, where most of the decision makers are located.  Shasta
           County Health official recommends reopening campgrounds. Pumps arrive at the Cantara Loop;
           samples  are collected  to  determine contaminant concentration.  SP reports  negative air
           monitoring results and commits to restocking the river.

8:00 pm    A Redding meeting informs responding agencies of the 40 medical cases reported in Dunsmuir,
           fifty percent of the previous day's cases.  It is estimated that the plume may reach the dam in 30
           to 40 days.


                                          JULY 19,1991

7:00 am    Responding agencies meet and focus response objectives on health-related issues. EPA's request
           to direct attention to environmental concerns is acknowledged. Reports indicate the plume in


                                               A-7

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           Lake Shasta is sinking while contaminant concentrations in affected areas are decreasing. Lake
           and river sampling continue, but sediment sampling is deferred until a later date.

10:15 am   SP's plan to aerate and agitate the main body of the plume is approved by  responding agencies
           but California DFG recommends a secondary barrier in the case that SP's plan is not effective.
           Fish cages would be lowered into pools to search for hotspots.

6:00 pm    Meeting allows responding officials to express concerns and frustrations with response activities.
           Suggestions include construction of a safety zone, however, this will require closing the major
           highway. Discussions focus on concern for the public and the anxiety being exhibited by displaced
           residents.

       Other reports  indicate wildlife casualties.   Vegetation has been agitated,  and strong odors  are
       prevalent in the region of the spill site. California DFG requests EPA take the  lead in constructing
       and monitoring the second air barrier below the SP operation.


                                          JULY 20, 1991

4:45 pm    SP begins  pumping operations.  The secondary air barrier is prepared for  operation.  Air
           monitoring in and around SP aeration operation resulted in non-detectable levels  of targeted
           contaminants. The plume, according to SP, is not expected to reach the air barrier for 2 to 3 days
           because it is moving at about 3/4 miles per day in the Sacramento River arm  of Lake Shasta.  No
           mandatory evacuation is implemented.


                                          JULY 21,1991

       Diving and Environmental Response Team efforts are delayed. Air monitoring continues to result
       in negative detection of contaminant levels around SP operations.

7:30 pm    A meeting informs responding agencies of the river access restrictions that are  being lifted.  SP
           commits to the provision of site security.

11:30 pm   Secondary air barrier is operational, but not yet ready for continuous operations.


                                          JULY 22, 1991

12:30 am   Air barrier construction crew stops for the night.

7:00 am    EPA is informed that plume has reached or surpassed the location of the air barrier. This is two
           days earlier than SP's  estimates.

8:30 am    Continuous operations of the air barrier commence.  TAT air monitoring is transferred from SP
           operation to the air barrier; results continue to be below the detection limit.

6:30 pm    Meeting provides SP with written notification designating EPA officials for response activities.
           The 1CS is dismantled. SP agrees to provide site security and communications.  SP requests that
           the aeration/agitation  operation be shut down but their request is denied.
                                               A-8

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                                          JULY 23,1991

12:00 pm   Second segment of air barrier is operational. A distinct chemical odor is detected in the area of
           the air barric., while air monitoring results continue to register below levels of detection.

6:00 pm    Responding agencies review the contaminant hotspots present in the river.  SP recommends shut
           down of aeration operations, as worker safety is being compromised. This is denied. It is agreed
           that SP operations  may break down on the condition that immediate construction  of their
           proposed second air barrier commences.

10:30 pm   EPA observes that SP equipment is shut down but no construction activities are occurring.  EPA
           issues SP a verbal notification of noncompliance.


                                          JULY 24, 1991

12:00 am   SP equipment is operational.  SP agrees to maintain the aeration operation until the second air
           barrier has been constructed.

6:40 am    1C upholds the actions of EPA in serving SP verbal notification of noncompliance.

8:00 am    EPA retracts notice of noncompliance as SP immediately reacted to the notification by starting
           operations and reporting that the air barrier would be running within the  day. The second air
           barrier is constructed upgradient from the air barrier constructed by EPA/USCG.

6:00 pm    A meeting report is held to confirm that a well-defined layer in the lake had no dissolved oxygen
           and  elevated  levels  of MITC are found in sediments  along  the river.   Test sample  taken
           downstream from the air barrier showed dramatically reduced MITC readings.

6:30 pm    EPA provides SP with written notification of responsibility to oversee operation and monitoring
           of the EPA/USCG air barrier within 24 hours.  1C orders SP to begin construction of second air
           barrier. SP is requested to pump the area of the  river emitting strong chemical odors.


                                         JULY 25, 1991

5:10 am    The first SP air barrier begins operations. EPA/USCG air barrier experiences difficulties that
           result in temporary shutdown. Air monitoring continues below detection. EPA inspection of the
           air barriers results in the SP admission that they did not plan to construct  a second air barrier.

11:00 am   EPA informs California DFG of SP's intent of operating two air barriers: the first SP air barrier
           and the EPA/USCG air barrier.

6:00 pm    California DFG agrees to discontinue air monitoring on the recommendation of EPA  and SP.
           EPA and USCG/PST report that they will be demobilizing the following day.


                                         JULY 26,1991

7:00 am    EPA disagrees with the requirement that SP  build a third air barrier.  EPA provides written
           notice that if the judgment for a third air barrier is not lifted, SP does not have to repair the
           EPA/USCG air barrier.
                                              A-9

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10:30 am   The first EPA OSC is demobilized.

PM        SP is informed  of the decision to maintain operations of the first air barrier and repair the
           EPA/USCG air barrier.

                                       AUGUST 6,1991

       Shasta County health officials notify the California DHS of an outbreak of dermatitis among Shasta
       County jail inmates  and crew leaders who had assisted in removing dead fish from the river.
                                            A-10

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                                  ENDNOTES FOR APPENDIX A
1.  The International Convention for the Prevention of Pollution from Ships,  1973, as modiCvJ by the
    Protocol of 1978 (MARPOL 73/78), is an international treaty designed to "prevent the pollution of the
    marine environment by the discharge of harmful substances or effluent containing such substances* from
    ships.  Annex III "responds to concerns about the possible adverse environmental impact of packaged
    harmful substances  entering the marine environment due  to ship collisions, grounding, and other
    accidental and operational causes."  On June 10,1991, the President signed Annex III of the MARPOL
    Convention; MARPOL Annex III enters into force for all parties on July 1, 1992.

2.  The Incident Command  System  is a management tool  for achieving coordinated decision making and
    concerted action during responses to large scale emergencies, when more than one organization is involved
    in the response.

3.  ATSDR has provided initial financial assistance to the California Department of Health Services to begin
    conducting  long-term health effects studies.  Potential areas of analysis may include chronic respiratory
    disease, reproductive hazards, immune system function, and laboratory tests of liver and other  metabolic
    functioning. Further funding will be necessary to cany out these studies.

4.  State of California Department of Health Services and California Environmental Protection Agency, Office
    of Environmental Health Hazard Assessment,  "A Draft Medical Surveillance for Metam Sodium Spill-
    Related Illnesses," October 7,1991.

5.  EPA's Office of Prevention, Pesticides, and Toxic Substances (OPPTS) is currently reviewing data on the
    reproductive effects of exposure to metam sodium.   According to  OPPTS, however, the available
    developmental lexicological studies are problematic because they do not indicate a level at which an effect
    is observed.  Also, the available animal studies showing birth defects used daily oral exposure over most
    of the gestation period, which is  different from the more acute exposure experienced by the people near
    the Dunsmuir spill.  Assessing the risks to residents of the area is also difficult because of uncertainty
    about extrapolating results of animal studies to humans.
                                              A-ll

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            REPORT OF THE
HAZARDOUS SUBSTANCES TASK FORCE
              APPENDIX B
   Summary of Open Form Presentations
         October 29, 1991 -- 8:30 a.m. to 3:15 p.m.
             Sheraton Premier Hotel at
             Tysons Corner, Virginia

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                               TABLE OF CONTENTS






Section                                                                                Page





Welcoming Remarks	B-l



Overview of Federal Activities  	B-2



Questions to EPA and DOT	B-4



Presentations by Interested Organizations on Ongoing Initiatives	B-5



Presentations by Interested Organizations on Options	 B-ll



Audience Comments	 B-12



Questions from the Audience 	 B-13



Closing Remarks and Next Steps	 B-14

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WELCOMING REMARKS

    Dorothy A. Canter, Science Advisor, Office of
Solid Waste and Emergency Response (OSWER),
functioned as Chair  of the  Open Forum  and
provided   an   introduction  to   the  day's
presentations.

    Bowdoin  Train,   Deputy   Assistant
Administrator of OSWER, began with a brief
background of the July 1991 train derailment that
caused the release of almost 20,000 gallons of the
pesticide metam sodium into the Sacramento River
in California.

•   The River and Lake Shasta suffered massive
    fish kills and other  environmental damage;
    hundreds of people sought medical assistance;
    and  pregnant women were given  health
    advisories.

•   Following the spill, concerns were raised about
    whether metam sodium, and other potentially
    dangerous substances, are adequately regulated
    to  prevent and  control  releases of these
    substances.

    Mr. Train then commented on the implications
of the release, i.e., that Federal regulatory agencies
need to examine the issue of accidental releases of
potentially   dangerous   substances,  identify
substances that fall through regulatory gaps, and
explore approaches  to minimize  releases  and
improve response to releases.

•   One outcome of the spill was the formation of
    the EPA Hazardous Substances Task Force.
    Its goals are to examine the process by which
    potentially dangerous substances are listed as
    hazardous substances under CERCLA, and to
    identify approaches for controlling releases of
    potentially dangerous substances.

•   DOT, through the NRT, formed a parallel task
    force   to  evaluate  the  Federal  role   in
    controlling   the   transport  of  potentially
    dangerous substances.

    Mr. Train indicated that the EPA Hazardous
Substances Task Force is  charged  with  the
responsibility of  going beyond  the traditional
regulatory framework in controlling releases.
 •  It is important for EPA to  explore  non-
    traditional approaches to augment traditional
    regulatory approaches.

 •  EPA has already developed  two voluntary
    programs to achieve tangible environmental
    benefits  through such  non-command,  non-
    control approaches:

    ~  The "33/50" program, a voluntary program
        in which corporations  develop  plans  to
        reduce emissions of  chemicals  on the
        Toxics Release Inventory  initially by  33
        percent and ultimately by 50 percent; and

    -  The  "green  lights" program,  a  program
        encouraging the use of more efficient and
        modern    lighting   in   the  business
        community.

•   The  non-traditional approaches presented  at
    the Open Forum will assist the task force  in
    developing additional strategies  to  control
    releases of potentially dangerous subsfances.

    Mr. Train concluded with the announcement
that the EPA Hazardous Substances Task Force is
on  a  fast track:   an interim report by the Task
Force is scheduled to  be completed by January
1992,   and   a  final   report,   including
recommendations, by April 1992.   The Open
Forum,  which is  one of the efforts of the  task
force, will have the following goals:

•   To provide  information on activities being
    undertaken by  the Federal government to
    prevent and  control releases of  potentially
    dangerous substances.

•   To provide interested parties the opportunity
    to describe their organization's activities and
    initiatives that address releases of potentially
    dangerous substances.

•   To provide interested parties the opportunity
    to   present    additional   approaches   for
    preventing   and  controlling   releases   of
    potentially dangerous substances.
    Alan I. Roberts, Associate Administrator for
Hazardous Materials Safety in the Research and
                                               B-l

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Special Programs Administration (RSPA) of DOT,
described  RSPA's  role in  DOT and explained
DOTs activities following the metam sodium spill.

•   RSPA is a very small pan of DOT, but has a
    wide   range   of  responsibilities   and
    achievements with respect to the transport of
    hazardous materials,  including an excellent
    safety record. Some current activities of DOT
    with respect to hazardous materials transport
    include:

    -   The   1990  Hazardous   Materials
        Transportation  Uniform  Safety  Act
        (HMTUSA),  which  amends the  1974
        Hazardous  Materials Transportation Act
        (HMTA), will require a large number of
        rulemakings and studies.

    -•   DOT has been given new responsibility for
        sanitary  food transportation issues under
        the 1990 Sanitary Food Transportation
        Act.

    --   DOT  will  be taking a major role  in
        implementing section  4  of the  Oil
        Pollution Act, including participating in
        the prevention of spills.

•   In addition, RSPA is responsible for ongoing
    maintenance of its basic  program.    The
    regulation Docket HM-181, which was issued
    on December 21,1990, is an entire revamp of
    the regulations  for transportation of hazardous
    materials.   International  compatibility  is
    emphasized, which will also  serve to enhance
    the U.S. chemical trade surplus.

    Mr. Roberts then referred to the October 29,
1991, Washington Post article which indicated that
the  Sacramento River  was  recovering  quickly
despite dire  forecasts after the spill of metam
sodium.  He expressed  the opinion that many
substances could cause aquatic fatalities if released
in  large  quantities, but  the  persistence  of
substances needs to be recognized.  Mr. Roberts
then  summarized   some  agency  and  industry
responses to the events of spill:

•   The event  prompted  acknowledgement  of
    issues concerning non-regulated  substances.
    For example,  the Chemical Manufacturers
    Association  (CMA) issued a  press release
    supporting  examination  of  products  not
    currently  regulated  under  CERCLA  or
    HMTA. Some of this is addressed by HM-181,
    which expanded the toxicity definition by a
    factor of ten for full regulation  under HMTA,
    In  addition,  other substances  are  being
    researched  to determine  their potential to
    cause serious environmental harm.

•   DOT is  also  committed  to  adopting the
    requirements of Annex III of the MARPOL
    Convention on marine pollutants. After July
    1,1992, Annex III will become  mandatory for
    the   international   transport   of  marine
    pollutants by vessel DOT is currently drafting
    a proposed rulemaking for applying the Annex
    III   requirements  to   all   modes   of
    transportation. (Since the Open Forum, the
    DOT proposed rule has been published in the
    Federal  Register (57 FR  3854, January 31,
    1992).)

    Mr.  Roberts concluded with the observation
that any regulation  must take into account  its
degree  of  complexity,  level  of understanding,
applicability,  and  comprehensibility.     DOT,
through   the  Motor  Carrier  Safety  Assistance
Program, must work in cooperation with 16,000
State enforcement personnel to oversee an even
larger regulated community.

OVERVIEW OF FEDERAL ACTIVITIES

    Timothy Fields, Jr., Deputy Director of EPA's
Office of Emergency  and Remedial Response
(OERR), provided an overview of EPA's authority
to respond to releases of hazardous substances and
explained how the metam sodium spill relates to
the  issue of  controlling  substances  that  are
potentially hazardous upon release.

    Mr.  Fields described the Superfund program
and the  regulations under CERCLA and Title III
of SARA.

•   Response under CERCLA has two general
    components: (1) response authority, and (2)
    notification and liability provisions.

    -   Under CERCLA section 104, EPA has the
        authority to respond  to a  release, or a
        threatened  release,   of   a   hazardous
        substance, or a  pollutant or contaminant
                                               B-2

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        that  may  present  an  imminent  and
        substantial danger to the public health or
        welfare.

    -   Only those substances that are specifically
        identified  as   CERCLA  hazardous
        substances  trigger   the   additional
        notification  and liability  requirements
        under CERCLA sections 103  and  107,
        respectively.

•   The mechanisms  for defining a CERCLA
    hazardous substance include:   (1) under
    CERCLA section 101(14), specific  listing or
    designation   under  four   other   Federal
    environmental statutes;  (2)  exhibition of a
    RCRA hazardous waste characteristic; and (3)
    under  CERCLA  section   102,  designation
    through rulemaking (used to develop the draft
    final rule which designates the 226 extremely
    hazardous substances defined in SARA Title
    III).

    Mr. Fields then discussed the ramifications of
designating potentially dangerous substances  as
CERCLA  hazardous  substances  to  achieve
CERCLA's goal  of protecting human health and
the environment:

•   Notification to the National Response Center
    (NRC)  for   any  release  of  a   hazardous
    substance  in  amounts  greater  than   its
    reportable quantity (RQ);

•   Notification  to State  emergency  response
    commissions  (SERCs) and local emergency
    planning  committees (LEPCs),  to ensure
    adequate State and local response capabilities
    in the event of a release;

•   Responsible  party liability for cleanup costs
    and damages  for injury  to or loss of natural
    resources; and

•   Automatic listing and regulation of hazardous
    substances under DOPs HMTA.

    Mr.  Fields   then  explained  that if  the
government is properly  informed of hazardous
substance releases, it can  coordinate and monitor
the response activities of the appropriate agencies
to  ensure  that everything  possible  is  done  to
protect   public  health  and  welfare  and  the
environment. The metam sodium spill was a prime
example of how important this notification is.

•  Metam sodium is not specifically designated as
    a CERCLA  hazardous  substance  nor is  it
    listed as a  hazardous material under DOTs
    regulations.   However,  when released,  it
    rapidly  hydrolyzed to form several different
    CERCLA  hazardous substances,  including
    hydrogen   sulfide,  monomethylamine, and
    carbon disulfide.  The spilled  metam sodium
    also exhibited RCRA characteristics, making it
    a  RCRA  hazardous waste,  and  thus,  a
    CERCLA hazardous substance as well.

•  Although the circumstances of this particular
    spill did trigger  the  response and liability
    provisions under CERCLA, the incident points
    out that the regulatory  framework  of the
    Federal  government may overlook  certain
    substances  that  are, or potentially could be,
    hazardous  to   human   health   and   the
    environment when released.

*  Therefore,  EPA  needs  to  reexamine its
    approach   for  designating  substances  as
    hazardous  substances under   CERCLA  to
    ensure  that   all  potentially  dangerous
    substances are identified and addressed.

    Mi. Fields then stated that the purpose of the
Hazardous Substances Task Force is to examine
the issues associated with expanding the CERCLA
hazardous substance  list, including  identifying
approaches for  providing controls  beyond EPA's
traditional regulatory framework.  He concluded
that information collected during the Open Forum
may assist the  task force in  understanding the
nature and scope of the problem and in identifying
potentially innovative, non-regulatory approaches
for controlling releases of currently unregulated,
dangerous substances.
    James  O'Steen,  Director of the  Office of
Hazardous Materials Safety of DOT, discussed the
current  and   future   hazardous   materials
transportation regulation.

•   DOT regulations have  been established for
    approximately 80 years, but, more recently, the
    regulations   have   increasingly   addressed
                                               B-3

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   environmentally hazardous materials.  DOTs
   primary  emphasis has  been  in  regulating
   materials that pose medium and high acute
   hazards to the public and environment  and
   that may be released during transportation.
   The hazardous materials regulations (HMR)
   are established under the authority of HMTA
   (1974) as amended by HMTUSA (1990).

•  Fewer than  3,000 hazardous  materials  are
   specifically  listed  under DOTs  hazardous
   materials  regulations; the rest are  regulated
   under generic descriptions  in  20+  hazard
   classes, each of which has specific defining
   criteria.  The regulatory system is  based on
   classifications according to the criteria and a
   hierarchy between these criteria.

•  Under CERCLA section 306(a),  CERCLA
   hazardous  'substances*  are  required to be
   listed  and  regulated by DOT as  hazardous
   "materials;" hazardous substances are listed in
   a separate appendix in the HMR.  Shippers
   are responsible for classifying a material as
   hazardous  in accordance with  the  defining
   criteria of the HMR  and for determining
   whether  a  material is listed as a CERCLA
   hazardous substance in the appendix.

•  Major   changes  to   the   HMR  were
   accomplished by the publication of Docket
   HM-181 on December 31, 1990 (effective for
   voluntary compliance on January  1, 1991).
   HM-181 amended the HMR to improve safety,
   put  HMR  in harmony with  international
   regulations,  and   support  American
   competitiveness in the international market.

•  HM-181  provides  the  following   safety
   provisions: improved packaging for bulk/non-
   bulk  hazardous  materials; improved hazard
   classification,  communication,   storage
   requirements; expanded the scope of criteria
   for the classification of poisons; and enhanced
   packaging   regulations   for  less  acutely
   hazardous  chemicals,  including  hazardous
   substances and wastes.

   Mr. O'Steen then described DOT'S efforts in
response  to the metam sodium spill.

•  On June 10,1991, the US ratified MARPOL
   Annex III, which  will  be  mandatory  for
    international transport of marine pollutants
    after July 1,1992. Up to 500 chemicals have
    been  identified  by Annex  III as  marine
    pollutants; the majority of these are already
    defined  as  hazardous  materials, but under
    Annex III, they  would also bear additional
    marine pollutant  markings.  Under Annex III,
    there are two  risk categories of pollutants:
    marine  pollutants   and   severe   marine
    pollutants. Metam sodium is categorized as a
    marine pollutant

•   A DOT priority  is to apply the MARPOL
    Annex III  requirements to all modes of
    domestic transportation.   DOT  plans to
    publish  a Notice of  Proposed Rulemaking
    (NPRM) for regulating these materials under
    the HMR.  In the meantime, US shippers may
    use the provisions of Annex  III on an optional
    basis.

    Mr. O'Steen also briefly described the goals of
the NRT Task Force,  which are to:

•   Develop a compendium that catalogs which
    agencies control what hazards and how;

•   Identify  existing  gaps  and  overlaps  in  the
    system of regulations and controls (guidance,
    information, etc.);

•   Develop recommendations for improvement in
    regulation and interagency coordination.

    Mr.  O'Steen concluded with the note that
DOT looks to EPA to take the lead in evaluating
chronic  health  and  environmental  hazards  of
materials. DOT believes that it is important to
work with EPA and other  Federal agencies, the
general public, and the regulated community in
taking expedient actions to improve transport of
materials that present an environmental hazard.
QUESTIONS TO EPA AND DOT

•   Vemon McDougall, International Brotherhood
    of Teamsters, requested a progress report on
    the  hazardous  materials  worker  training
    regulations required under HMTUSA Alan
    Roberts responded that the final rule package
    is entering the clearance process.
                                              B-4

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•   Mike   Rush,  Association   of  American
    Railroads, asked if DOT, in promulgating the
    rule to implement the treaty requiring DOT to
    regulate the MARPOL substances, had given
    thought  to   incorporating   environmental
    criteria into the HMR so that the regulations
    would address not only listed substances, but
    also  substances  that   pose  environmental
    hazards  which  have  not been specifically
    identified by United Nations groups.  Alan
    Roberts responded that consideration has been
    given to this issue  but  commented that  the
    DOT rulemaking incorporating the MARPOL
    list into the HMR will not address this issue in
    order to expedite the process.  Mr. Roberts
    pointed out, however, that 90 percent of those
    pollutants  on  the  MARPOL  list (at  100
    percent concentration) are already subject to
    the HMR.  Dorothy Canter  also added that
    the EPA Hazardous Substances Task Force is
    looking into  developing such environmental
    criteria.

•   Tim   Fields   provided   some   additional
    comments on the Hazardous Substances Task
    Force's activities. More than 20 chemical lists
    are  being  reviewed to identify  additional
    substances to be considered for designation as
    hazardous substances under CERCLA By the
    end of January 1992, the task force hopes to
    determine what actions (e.g., regulatory or
    non-regulatory) should be taken for substances
    not  currently on the  CERCLA  hazardous
    substance list The final task force report will
    be distributed to interested parties.

PRESENTATIONS BY INTERESTED
ORGANIZATIONS ON  ONGOING
INITIATIVES

    Ron  Weber,  Chairman  of  Distribution
Committee  at   the Chemical   Manufacturers
Association  (CMA), discussed initiatives being
undertaken by both CMA and by Air Products and
Chemicals,   Incorporated,   in  preventing  and
controlling transportation-related spills.

•   CMA is  the focal point  for the chemical
    industry's advocacy  on legislative, regulatory,
    and legal matters at the international, Federal,
    State, and local levels, and maintains voluntary
    programs and  services to  address  public
    concerns.  The purpose of  the distribution
committee is to oversee CMA programs  to
ensure  safe  and  efficient  distribution  of
chemicals and to promote effective emergency
response.

Some  chemical  industry   initiatives,
implemented through CMA programs, include:

-  CMA adopted Responsible Care* from
    the  Canadian  chemical  industry  and
    implements the  following performance
    objectives:   community  awareness  and
    emergency response; pollution prevention;
    process safety, employee health and safety,
    distribution; and product stewardship.

—  The   chemical  industry's  collective
    emergency   response   programs  are
    activated through the National Chemical
    Response and Information Center,  and
    include  the  Chemical  Transportation
    Emergency  Center  (CHEMTREC), the
    Chemical   Mutual  Aid  Network
    (CHEMNET), the  Chemical  Referral
    Center, and emergency response training
    programs.

--  In September 1985, CMA established a
    Lending Library of audiovisual training
    programs  that  provide   guidance  for
    personnel   responding   to   hazardous
    materials emergencies.  Library services
    are available at no cost to anyone  in the
    US.

-  Two   new   CMA   initiatives  to   be
    operational  in the near  future are  the
    Medical   Treatment   Emergency
    Communications (MEDTREC) initiative
    and  the  Epidemiology  Resource  and
    Information Center (ERIC).

CMA  has  also  been involved in several
interindustry initiatives that involve chemical
manufacturers and chemical carriers working
together:

-  The Interindustry Rail Safety Task Force
    was re-established in 1989  to  improve
    railroad and chemical company operating
    practices,   risk   assessment,   risk
    management,  emergency  response,  and
    product identification.
                                              B-5

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    -  The   interindustry  Transportation
       Community Awareness and  Emergency
       Response (TRANSCAER) initiative was
       established  to   increase  the  public's
       awareness  and   understanding  of  the
       transportation of hazardous materials and
       to improve the readiness of communities
       to respond to transportation incidents. (A
       TRANSCAER video was shown following
       the Open Forum.)
                     i
•   The company Air Products  and Chemicals,
    Inc.,  an international supplier of industrial
    gases  and  related   equipment,  chemical
    products,  and  environmental  and  energy
    systems, has also undertaken its own initiatives
    to improve distribution safety:

    -  The  company  has  several  programs
       designed  to  reduce  product  releases,
       including bulk truck, railroad  tank  car,
       and   drum  shipment  leak  prevention
       measures.

    ~  The   company   offers  returnable   or
       disposable intermediate bulk containers
       (IBCs) which have exhibited  significant
       advantages over drum shipment.

•   Mr.  Weber  stressed  the  importance  of
    transportation   safety  and   the  chemical
    industry's awareness of the potential risks to
    public safety, health, and the environment
    posed by the release of hazardous materials.
    Vernon  McDougall, Acting Director, Safety
and  Health   Department,  International
Brotherhood  of  Teamsters,   discussed  labor
initiatives in spill prevention and mitigation.

•   Because there is a direct link between the way
    a vehicle is operated and the likelihood  of a
    spill, prevention practices essential for the
    trucking industry include means of ensuring
    alert, qualified, and skilled drivers and  safe
    vehicle operating condition.

•   The  modal  administrations of DOT  that
    regulate carriers play a large role in preventing
    spills. The Teamsters are working with DOT
    and others to improve worker safety through
    initiatives such  as  the commercial drivers
    license program, and implementation of the
    Motor Carrier Safety Assistance Program.

•   Other initiatives include collective bargaining
    with unionized companies to obtain improved
    safety performance as a means of preventing
    spills. For example:

    -   Contracts have been negotiated to require
        double-trailer trucks to be configured with
        better handling capabilities.

    -   Contracts have been negotiated to include
        initiatives for reducing driver fatigue, by
        including air-ride seats, air conditioning,
        and  requirements  for cab  dimensions
        (ergonomics). Heated rear-view mirrors
        are another example of negotiated safety
        measures that go   beyond  government
        regulations.

    --   Contracts have also been negotiated for
        hazardous materials training,  and for
        provision of respirators and protective
        clothing.

    -   One  final, but very important  contract
        provision, is the driver's right to refuse to
        drive an unsafe  truck  or to drive under
        unsafe conditions.

•   In an effort to mitigate spills, the Teamsters
    are also developing training programs:

    --   Currently, they  have a grant from the
        National   Institute  of  Environmental
        Health  Sciences  to   train  hazardous
        materials transportation workers.

    -   More  focused programs  will also be
        developed that will incorporate HMTUSA
        requirements, when these are issued.

•   Mr.   McDougall   concluded  with   the
    observation that the HMTUSA requirements
    will  help  integrate  hazardous materials
    transportation training requirements into the
    workplace.
                                               B-6

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    Dr. Barbara Sattler,  National  Center  for
Hazard Communication, University of Maryland,
discussed   the  role  of   the  university  in
environmental work fcrje training and education.

•   The University of Maryland's National Center
    for Hazard Communication, like programs at
    other universities, provides  education  and
    training through non-credit programs.   For
    example, employees are taken from the field
    and  given updated  information  based  on
    regulations, guidance documents, and expertise
    from within the universities.

•   The focus of aU training and education should
    be  on  prevention.     Prevention   can  be
    separated into three categories: primary (how
    to avoid future accidents); secondary (how to
    immediately  contain   damage   and  avoid
    expansion of contaminants); and tertiary (how
    to control long-term damage, such as long-
    term health effects, and avoid further damage).

•   The university's role in  primary prevention is
    accomplished by providing basic  scientific
    information  on  hazardous  materials.   The
    Center also  conducts basic research used in
    developing  material   safety  data  sheets
    (MSDSs).   This  scientific  information is
    eventually communicated to all of  those
    handling hazardous materials.

•   A recent  national study of  2,000 facilities
    indicated massive  non-compliance  with the
    hazard  communications standards,  which
    require that workers be given information on
    hazardous chemicals.  Survey results indicated
    that although 80  percent  of workers  had
    managed hazardous substances, many did not
    know proper handling practices, had not had
    training, or  had never  heard of the hazard
    communications  standards.  Thus, small and
    middle-sized companies, in particular, need to
    be  taught how to comply  with regulations.
    Scientific education can be  provided to the
    public through  university programs,, in  both
    credit and non-credit formats.

•   A study of worker knowledge  of MSDSs
    showed  that 40 percent of the MSDSs tested
    were incomprehensible  to workers because of
    the reading  level at which the MSDSs  were
    written, and also because of poor formatting
    and  difficult  vocabulary,  an  even  larger
    percentage of MSDSs are inaccurate to varying
    degrees.  To correct this problem, universities
    have   developed  hazard   communications
    courses to teach workers how to properly label
    chemicals   (to   ensure  compliance   and
    comprebensibility).     The   University   of
    Maryland is holding  a course on how  to
    develop MSDSs.

•   Other primary prevention initiatives include:

    -   Under a grant, in part  from EPA, the
        University of Maryland worked with towns
        and townships to develop a guide on  how
        to   respond   to  emergencies  involving
        hazardous substances.  The Center  also
        works with unions and trade associations
        to develop educational materials.

    -   Universities  are  also  conducting basic
        research on  ways  to prevent pollution
        through source reduction and how  to
        conduct  on-site   reclamation,   thus
        decreasing the hazardous chemicals being
        transported.

    -   The  University of  Maryland  Technical
        Extension   Service  uses   university
        knowledge to assist small and medium-
        sized businesses with technical problems
        and environmental audits.

    -   Training is available through the National
        Continuing Education Association and a
        consortium of universities.

•   Secondary prevention initiatives include non-
    credit  programs  to   train   the   emergency
    response  community   to  understand  the
    problem and correct it

•   Tertiary   prevention    initiatives  include
    providing policy staff and decision-makers with
    information,  and   working   to   make
    environmental health part of medical training.
    Michael   J.   Rush,  General   Counsel,
Association  of  American  Railroads  (AAR),
discussed railroad industry initiatives.
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The Interindustry Rail  Safety  Task  Force
(including  the  AAR,  CMA,  and  Railroad
Progress Institute) has four working groups.
One of these is examining railroad operating
practices.

As pan of the task force, AAR conducted a
data analysis of chemicals transported by rail
and identified  IS chemicals that represent
substantial environmental risk. Most of these
are  responsible  for a small  percentage of
hazardous  materials  traffic,  but  a  large
percentage of cleanup costs.

Two sets of restrictions were implemented for
trains transporting these chemicals  and PIH
chemicals,  flammable  gases,  and  Class A
explosives.

--  Key trams (5  or more  cars  of these
    hazardous materials) are restricted to a
    maximum  speed of  50  mph and, when
    passing other trains,  are given  the main
    track.  Key trains must also be inspected
    following any emergency braking. Speed
    and inspection requirements apply upon
    warning  from  wayside  detectors  for
    overheated bearings.

--  Key routes are tracks with annual traffic
    of 10,000 car loads of hazardous materials,
    or  4,000  car  loads of the hazardous
    chemicals  subject  to  the  key  train
    restrictions.   On these routes,  wayside
    detectors must be placed no greater than
    40 miles apart.  Requirements governing
    track inspections  and the class of track
    used for passing  trains apply.   Annual
    hazardous  materials  training   for
    employees, including  emergency response
    plans, also is required.

The three other work groups of the task force
focus on:  (1)  chemical  company operating
practices (e.g., hazardous materials storage and
loading); (2) chemical risk assessments, which
may help  in  designing  railroad operating
practices,  tank  car  design,   and  track
conditions;  and  (3)  emergency  response
information (e.g., standard format for shipping
papers).
•   The railroad industry provides information to
    its employees  through a hazardous material
    data  base.  Emergency response instructions
    are automatically printed on shipping papers
    for train transport

•   Other  railroad  industry  programs  include
    emergency response training for fire fighters,
    other public officials, and industry employees;
    publications containing emergency response
    'information  on   virtually  all  hazardous
    materials transported by rail; emergency action
    guides with detailed methods of response  to
    releases;  and  initiatives and  programs  to
    prevent releases (including upgrades in  track
    and equipment, requirements for car testing,
    and the installation of wayside detectors).
    Rick Homer from the Workplace Health Fund
provided an update on the activities of the Center
for Emergency Response Planning (CERP).

•   The Workplace Health Fund is an institution
    for the promotion of research and education
    on industrial disease, and serves as a technical
    resource in making accessible (primarily to the
    AFL-CIO and other labor groups) information
    that has  already been or is being developed.

•   CERP   serves  as   a   clearinghouse  for
    information (e.g., on regulations, data bases,
    and  training courses); holds training sessions
    concerning ways to prevent chemical incidents;
    and  produces books and other publications
    providing   information   about   incident
    prevention issues in industry.

•   CERP stresses that there are only "incidents,"
    not  accidents,  because  incidents   can be
    prevented, while the word "accidents" means
    they cannot

•   In an   effort  to  prevent  such  chemical
    "incidents," CERP emphasizes the importance
    of its  programs  for  training  labor  and
    management together.

•   CERP also produces publications that focus
    on incident prevention  such  as films  and
    training  modules.  In addition, CERP issues
    Hazard Alerts when specific  problems are
                                            B-8

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    identified in the industry that kill people (e.g.,
    venting of hazardous materials from tanks).
    It's "cheap* insurance to look at hazards before
    incidents occur.

    Other  initiatives  include  research  by  the
    Workplace Health Fund on ergonomic issues
    that affect facilities where hazardous waste is
    produced, tested, or  stored,  such as  how the
    design of facility control rooms can affect how
    easy  it  is  to see and  understand  warning
    systems.
    Tom  Gilding,  Director  of  Environmental
Affairs  at  the National Agricultural Chemicals
Association  (NACA),  provided  examples  of
company  initiatives  to better prevent  and/or
respond  to spills at  stationary facilities storing
agricultural chemicals.

•   NACA has developed programs promoting fire
    and   spill   prevention   and   emergency
    preparedness to warehouse operations through
    awareness and self-evaluation.

•   Prevention initiatives must take into account
    the locations, storage  facilities, and handling
    practices   for    the   chemicals    involved.
    Regulatory and  educational initiatives coupled
    with voluntary  actions need  to be properly
    balanced to achieve effective spill prevention
    and mitigation efforts.

•   One area  of  focus has  resulted from the
    concern  about  fires at warehouse  facilities,
    because  such  fires often  have  damaging
    environmental consequences.

    -   To address  this  concern,  NACA,  in
        cooperation with the public warehousing
        industry, has developed survey documents
        that identify proper chemical storage and
        handling procedures.   These documents
        also  specify  appropriate  pre-emergency
        planning measures that should be taken.

    --   These   survey  documents  have  been
        modified to also apply to smaller retail
        outlet warehouse operations.
    Another  NACA  initiative  addresses  bulk
    storage and handling of agricultural chemicals.

    -   Although  the  majority vof agricultural
        chemical containers currently being used
        are non-reSllable, there  is  a  significant
        trend within  the  industry towards using
        refillable containers. The main reason for
        this  trend is  to minimize wastes  by
        reducing  the  number  of containers
        needing disposal

    ~   NACA  is also  looking for  ways  to
        standardize refillable containers to further
        increase safety during handling operations,
        and to add  "user-friendly"  features that
        encourage greater use of these containers.
    -   The  Midwest  Agricultural  Chemicals
        Association (MACA) has also been active
        and has developed industry performance
        standards for refillable containers.

    ..   Spill mitigation depends on containment
        and  pre-emergency   planning.     Pre-
        emergency planning is critical  in that it
        stresses coordination  and communication
        programs for emergency  responders prior
        to incidents.

    Mr. Gilding concluded with the observation
    that  the   actions   that   industry   trade
    associations   can   take   in   developing
    recommendations  or  industry  standards  for
    spill prevention and control is seriously limited
    because of anti-trust liabilities.
    Edward WjtUnd, Executive Director of the
Transportation Trades Department (TTD) of the
AFL-CIO, provided the labor perspective on the
transportation of  hazardous materials and  its
initiatives  to prevent  incidents  and provide
response.

•   TTD was organized to represent workers in all
    modes   of  transportation,   including  fire
    fighters.

•   Despite any  good intentions by the industry,
    the marketplace will not take care of itself nor
                                                B-9

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   will it protect working people; thus, TTD feels
   that  increased  Federal  enforcement   is
   necessary because in the current regulatory
   environment, this is  not being  carried out.
   For example, after the metam sodium spill,
   government inspections were cancelled.

•  To address this concern, TTD sees  the need
   for more regulations to improve worker safety,
   such as  higher penalties  imposed for safety
   infractions, including penalties for first-time
   infractions.

•  In addition, the basic elements of response in
   the   Occupational   Safety   and    Health
   Administration's  (OSHA) Hazardous Waste
   Operations  and   Emergency  Response
   (HAZWOPER)  regulations  (29 CFR Part
   1910.120)  should   be  incorporated  into
   hazardous materials  training  for  railroad
   workers.

   -  For example, a survey of railroad workers
       showed that railroad training programs did
       not address the minimum items required
       by HAZWOPER.   Even at Dunsmuir,
       railroad  workers  responding  to   the
       emergency  were not wearing the personal
       protective  equipment now required  for
       farm  workers and  others using  metam
       sodium.

   -  Currently,  the  unions provide  the only
       source for emergency response training for
       railroad workers who deal with hazardous
       wastes, despite the requirement by OSHA
       that employers provide this training.

•  Another  area   of  concern  is  inadequate
   emergency response plans.

   -  Emergency   response  plans  are  not
       required for hazardous material transport,
       and there is little coordination, therefore,
       between  rail and  truck  carriers  and
       LEPCs.

   -  The National Transportation Safety Board
       recommended  in  1985  that  railroads
       develop   and   implement   emergency
       response procedures for their railyards; as
       of 1991, only 6 of the 54 with railyards
       had developed such plans.
    Development and implementation of a data
    base for emergency  response  planning has
    been proposed in legislation referred to as the
    Fire Fighters' Bill; this legislation is likely to
    be considered during the 103rd Congress. The
    data base would track and  monitor  daily
    shipments of hazardous materials and provide
    information on content, appropriate response
    procedures,   and   personal   protective
    equipment.
    Cindy  Kelly,  Director of Environmental
Programs   for  the  International  City/County
Management Association (ICMA), described the
problems  facing  local governments  and  made
recommendations for initiatives that could address
these problems.

•   ICMA   is  an association  of  professional
    managers serving cities,  counties, regional
    councils, townships, and other forms of local
    government.

    --  ICMA publishes a series of books for use
       by  local government, the most recent of
       which addresses emergency management.

    --  ICMA also gives seminars and works with
       LEPCs to help them develop emergency
       planning  programs, and assists  local
       governments   in  taking  steps  toward
       preventing pollution.

•   Recommendations for government initiatives
    include  giving  local   government   more
    authority to require spill prevention initiatives,
    and encouraging insurance companies to offer
    lower  premiums  to  companies  that   take
    precautionary or preventative steps.

•   In   addition,  any   potentially  hazardous
    substance and possible by-products of  listed
    chemicals, such as metam sodium, should be
    put in  CHEMTREC so that information is
    available when needed for a response effort;
    environmental  effects data should also be
    incorporated.

•   Better preparation for responding to incidents
    is needed especially in rural areas, including
    better response coordination.   One way to
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    improve response coordination in the event of
    an emergency is to respond according to the
    Incident Command System, which is adopted
    by fire departments nationwide.

    Training  programs should be developed  to
    prepare local government officials for response
    efforts in emergency situations.
PRESENTATIONS BY INTERESTED
ORGANIZATIONS ON OPTIONS

    Vernon  McDougall, Acting Director  of the
Safety   and   Health   Department   for  the
International Brotherhood of Teamsters, suggested
several near-term options for spill prevention and
mitigation.

•   More government agencies, especially OSHA,
    should become involved in the dialogue over
    spill prevention and mitigation.

•   DOT needs to improve its enforcement of
    regulations controlling the transportation of
    hazardous  materials;  in  the past,  DOPs
    Federal  Highway Administration has been
    more education-oriented and less involved in
    enforcement activities.

•   OSHA   and    the  Federal   Highway
    Administration,   the  Federal   Railroad
    Administration,   and   other   modal
    administrations at DOT should work together
    to better exchange information and to improve
    regulatory enforcement in the field.

•   Non-regulatory approaches for spill mitigation
    and prevention  should  include  efforts  to
    encourage companies and associations in the
    industry to better share training initiatives and
    improve communication among themselves.

•   Through the Motor Carrier Safety Assistance
    Program, DOT should begin to  consistently
    collect data on  the  conditions under which
    hazardous materials are transported by truck,
    such as the condition of equipment used and
    the qualifications of drivers.

    -  In particular, DOT should use OSHA as
       a resource in addressing worker safety
       issues and ensuring that drivers and other
        workers dealing with hazardous materials
        are working under satisfactory conditions;
        OSHA  should   be  delegated  more
        jurisdiction  from  DOT  to   resolve
        problems in this area.

    HMTUSA   grant  dollars   earmarked  for
    hazardous  materials  transportation  worker
    training programs in fiscal year 1992 should be
    allocated  by  the  National  Institute  of
    Environmental Health Sciences  in  time to
    plan,  prepare  for,  and implement the  new
    training programs mandated by forthcoming
    regulations  under HMTUSA.
    Dr. Barbara  Settler  from the  Center for
Hazard Communication  at  the  University  of
Maryland  discussed the role of universities  in
preparing  the environmental work force to help
prevent  incidents  from   happening  and  to
appropriately address the incidents that do occur.

•   In  the past, the curricula used to train the
    environmental  work force have emphasized
    reacting  effectively  to  incidents, rather than
    focusing on preventing them from occurring;
    now the entire educational process has to be
    re-examined at all levels to facilitate a shift in
    focus from response to prevention.

•   Universities can encourage and educate the
    environmental work force to focus more on
    prevention by incorporating a greater diversity
    of  courses  into  the   environmental  health
    curricula, and by encouraging students to look
    more  broadly  at the  environmental  safety
    issues  they will be facing.

    -  Management  classes   should   be
       incorporated into technical curricula for
       environmental professionals, and technical
       information and courses should be offered
       to professional managers  so  that both
       have the knowledge and training needed
       to work effectively in an environmental
       health capacity.

    -  In  addition,  public  health   concepts,
       economics, risk communication training,
       training courses to teach environmental
       health  scientists how to provide training
                                              B-ll

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       programs,  and   global-level  issues   in
       environmental health science should be
       incorporated by  universities  into  their
       curricula and offered as non-credit courses
       or in training seminars.

•   EPA should adopt or encourage LEPCs to use
    orientation  programs  to   ensure   more
    consistent and high-quality local  emergency
    response planning.   Currently, there is no
    training required by LEPC members, nor any
    orientation.

•   EPA should also assist universities in finding
    ways to finance  the high cost of offering a
    quality  education to  environmental health
    science students.

•   Innovative approaches EPA should  consider
    for enhancing spill prevention and mitigation
    include:  (1) finding more effective ways to
    transmit the relevant information  to the
    regulated community when new regulations are
    promulgated;  (2) and becoming  more self-
    aware  of what functions  EPA's   various
    programs carry out and what  resources they
    offer and have access to.

•   Finally, EPA could hold a national conference
    of environmental practitioners, representatives
    from the regulatory community, and members
    of the academic community to develop a plan
    for ensuring that the environmental health
    work force is well-qualified to  do its  job.
    Sheldon Samuels from the Workplace Health
Fund spoke about risk reduction through proper
plant siting and function and offered additional
suggestions for environmental planning to reduce
the risk of chemical spills.

•   Realizing that the chemical industry, due to its
    competitive  environment,  cannot  regulate
    itself,  the  government  must  accept   the
    responsibility for regulating the industry.

•   Because too much time is required to regulate
    chemicals  individually, a risk  reduction and
    spill prevention plan should be developed in
    which the entire chemical industry would be
    re-designed so that all levels  of production
    would be integrated at the same site.  This
    would minimize the amount of handling of
    hazardous materials and, thus, reduce the risk
    of incidents occurring.  EPA needs  to begin
    prevention  activities that are more than just
    lip service.

•   One major barrier to the government's efforts
    to create a  plan for regulating the industry is
    the lack of available information and  data.
    There is also a lack of coordination evident
    among  the various  Federal  agencies  that
    should be working together on environmental
    health and safety issues.

•   The   Federal  government  should   also
    encourage improvements in: (1) the design of
    trucks and facility control rooms;  (2) the
    incorporation  of ergonomics into  training
    programs; (3) and the establishment of adult
    education programs for scientific literacy so
    that the workforce has the ability to respond
    effectively to incidents that occur.

•   In addition, the Federal government should
    encourage  management  and labor to work
    together to reduce the risk of spills during
    transportation and at facilities.

•   In  conclusion,  EPA  ought  to   conduct
    environmental planning; it has the capacity but
    has not  taken the  initiative to  promote
    effective planning measures.  Furthermore,
    industry, various organizations and response
    groups, and government agencies need to work
    together  in  carrying   out  environmental
    planning initiatives.
AUDIENCE COMMENTS

    Andrea   Corbett   of  the   International
Association  of Fire Fighters suggested that the
Hazardous Substances Task Force should broaden
its scope.

•   The task force should consider the issue of
    making   more   information   available   to
    emergency responders before and  during an
    incident

•   EPA should  emphasize the importance of
    training and encourage communities and fire
                                               B-12

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    departments to commit resources to training
    all emergency responders to handle chemical
    incidents.

    In the long-term,  EPA should  have some
    enforcement authority for ensuring compliance
    with 49 CFR Part 311 (emergency responder
    training,   medical   surveillance,   etc.)  for
    personnel not covered by  relevant  OSHA
    regulations.
QUESTIONS FROM THE AUDIENCE

The following  questions were  taken  from the
audience,  and  answers were  provided  by the
appropriate speakers.

Question (for Barbara Settler): Will the Technical
Extension Service work with farmers and if not,
what  is the best way  to reach the agricultural
community?

Answer: Although the Technical Extension Service
works in Maryland only, there are chapters of the
Agricultural Extension Service in every state which
are  available  to  work  with   the  agricultural
community. The Cooperative Extension Service at
the University of Maryland provides certification
training  for  farm   workers involved  in  the
application of pesticides as required by the EPA.
To get to the broader question of how to reach the
agricultural community, this may be (and is) done
through the Cooperative Extension Service and/or
the state Department of Agriculture.  Each state
has a Cooperative Extension  Service, located in a
university setting that is funded by a "Land Grant*
The Cooperative Extension Service in Maryland
employs an agent to serve each of the counties in
Maryland. This system is (reportedly) the same in
every state, and provides a major information
network to the agricultural community.  The state
Departments   of  Agriculture   also   serve  as
communication networks, but act more strongh/ in
a regulatory, rather than training, capacity.

Question   (for   Sheldon   Samuels,    Vernon
McDongall,  and  Michael Rush):  Are there
common initiatives that labor and management can
work to accomplish together?

Answer (Sheldon Samuels):  Yes, however,  it is
usually  the  case that  management refuses to
 participate in workshops and other activities held
 to  promote  such  initiatives.    In  general,
 cooperation from management is lacking.

 Answer (Vernon McDoogail): A key opportunity
 for cooperating is to improve safety initiatives is
 through worker training programs.

 Answer (Michael Rash):  Labor and management
 can work together on communicating emergency
 response  information to public officials.  Train
 crews are the first to be affected by an incident and
 should  therefore  be trained  to  communicate
 pertinent information to public officials effectively.

 Question (for VenaoaMcDoagall): What programs
 exist to address worker/operator responsibility for
 safety, particularly  for controlling problems  of
 substance abuse and overall worker physical and
 mental health quality?

Answer:   Drivers of heavy trucks,  and  those
 carrying hazardous materials requiring placards, are
subject  to DOT-mandated drug testing.  Truck
drivers  are  also  subject  to  a DOT-mandated
 medical examination  every 2 years.   However,
caution should be given against the tendency  to
place too much  of  the  blame for hazardous
materials incidents only on the drivers.

Question  (for Michael Rush):   What kind  of
information   is  available   in   the  Standard
 Information Commodity Code (STCC) data base?

Answer  STCC assigns identification numbers to
commodities.   The  railroads retrieve chemical
information  from  their  data  bases  by STCC
numbers.  For example, railroads place emergency
response  information on shipping papers  by
retrieving information on the STCC  numbers
assigned to the commodities.  The information  is
then placed on the shipping papers.

Question (for Michael Rush): What information  is
available in CHEMTREC about metam  sodium
spill and how was the railroad involved?

Answer:  CHEMTREC had an MSDS on metam
sodium.     The   railroad  involved   notified
CHEMTREC following the accident
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OPEN FORUM - CLOSING REMARKS

    Timothy  Fields,  Jr.,  Deputy Director  of
OERR, provided the closing remarks.

•   In reference to the absence of environmental
    groups at the  open forum,  more than five
    environmental  groups  were  invited   to
    participate, but declined  Written comments
    from  those groups will  be welcomed and
    considered by EPA in the activities  of the
    Hazardous Substances Task Force.

•   Since the inception of the  task force, EPA has
    taken  several steps  to address  task  force
    concerns, including:

    -  Developing a Federal Register  notice
       clarifying  the notification and  liability
       requirements under CERCLA for releases
       of potentially dangerous substances that
       may rapidly hydroryze or form CERCLA
       hazardous  substances or  that  become
       RCRA characteristic wastes when released
       into the environment
 Publishing   an   environmental   alert
 requiring immediate notification  to  the
 NRC of releases of metam sodium and
 other potentially dangerous substances.

 EPA is considering publishing an Advance
 Notice  of   Proposed   Rulemaking
 (ANPRM)  regarding  the   possible
 designation  of metam  sodium  as  a
 CERCLA hazardous substances.

 A draft interim report  will be completed
 early in 1992 summarizing the Hazardous
 Substances  Task Force's findings  and
 recommendations   for  regulatory,
 enforcement, voluntary, and educational
 actions that should be taken.

 EPA's Hazardous Substances Task Force
will  work closely  with the  NRT Task
 Force in this effort
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