TSCA
Chemicals-in-Progress
Bulletin
Office of Pesticides & Toxic Substances
Vol. 4, No. 2 March 1983
This news bulletin is intended to inform all persons concerned with the Toxic Substances Control Act (TSCA) about recent
developments and near-term plans. For further information or to request copies of documents mentioned, write the Indus-
try Assistance Office (IAO), (TS-799) EPA, Washington, D.C. 20460, or call toll-free 800-424-9065 or, in Washington, D.C., or
from outside the continental USA, (202) 554-1404.
REGULATORY & REQUIRED ACTIONS
TESTING OF CHEMICAL SUBSTANCES
AND MIXTURES ... SECTION 4
Section 4 of TSCA gives EPA authority to require manu-
facturers or processors of existing chemicals—those al-
ready in commerce and subject to TSCA—to test the
toxic effects of a designated substance. To require test-
ing EPA must find that the chemical may present an un-
reasonable risk; that there are insufficient data avail-
able with which to perform a reasoned risk assessment;
and that testing is necessary to generate such data. A
test rule may also be based on an EPA finding of sub-
stantial production and exposure to humans or the en-
vironment, in addition to findings of insufficient data
and need for testing.
Under section 4(e) an Interagency Testing Committee
IITC) was established to recommend chemicals to EPA
for priority consideration. The ITC cannot recommend
more than 50 chemicals or categories of chemicals for
testing and EPA must respond within one year to each
recommendation by starting rulemaking under sec-
tion 4 or giving reasons for not doing so.
EPA Responds to ITC Recommendations
Between December 16, 1982 and January 6, 1983 EPA
published responds to ITC recommendations for testing
13 chemicals and chemical categories. A summary of
EPA's responses follows.
Xylenes
In October 1977, the ITC designated xylenes for muta-
genic and teratogenic effects testing and an epidemio-
logical study. However, EPA has concluded that there
are sufficient data now available on xylenes to reason-
ably predict the potential effects of this chemical cate-
gory. Therefore, EPA determined [December 16, 1982
(47 FR 56392)] that a rule requiring testing of xylenes
for mutagenic and teratogenic effects is not warranted
at this time. The notice also reports that EPA knows of
no epidemiological studies that are specific for xylenes.
The Agency has decided not to require such a study at
this time because exposure to xylenes occurs in combi-
nation with many other chemicals.
MIBK and MEK
EPA will not at this time initiate rulemaking to require
health effects testing of methyl isobutyl ketone (MIBK)
and methyl ethyl ketone (MEK).
In 1979, the ITC designated the two chemicals for priori-
ty consideration for health effects testing, but after the
designation additional testing data were made available
to EPA. In addition, since the designation, the major
U.S. manufacturers of both chemicals have given EPA
plans for testing. Because of these data and recent ne-
gotiations between EPA and the manufacturers EPA
said, in a December 29, 1982 notice, that rulemaking to
require the testing recommended by the ITC is not war-
ranted at this time (47 FR 58025). However EPA is
seeking comments on its conclusions and adequacy of
the industry program.
Pyridine
EPA has issued a tentative decision not to initiate
rulemaking to require testing of pyridine. EPA gave as
its reasons, the National Toxicology Program tests on
the chemical for carcinogenicity and chronic effects,
and information indicating that exposure to pyridine
was at extremely low levels and much more limited
than the ITC believed.
The tentative decision [December 29, 1982 (47
FR 58031) was in response to an ITC designation of py-
ridine for consideration for health and envionmental re-
1
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lease of pyridine. As for environmental effects testing,
EPA found no evidence of substantial environmental re-
lease of the chemical. In addition, pyridine is not likely
to persist or bioaccumulate, the notice said.
Because of the difficult nature of the issues involved,
EPA is soliciting comments and submission of any addi-
tional data relevant to this tentative decision.
HCCP
EPA said it does not believe there is a sufficient basis to
require testing hexachlorocyctopentadiene (HCCP) as
recommended by the ITC in 1979 [December 29, 1982
(47 FR 58023)].
The ITC had recommended health and environmental
effects testing of HCCP. However, in assessing the po-
tential exposure, EPA could not identify any HCCP use
other than as an intermediate. Because of high acute
toxicity all such reactions are carried out in tightly con-
trolled closed systems with workers in potential expo-
sure areas required to wear respirators and protective
clothing. As for health effects of HCCP, EPA said some
tests are being performed or were recently published,
while existing data for other ITC-recommended effects
do not suggest a need for further testing.
HCBD
EPA responded on December 29, 1982 to an ITC recom-
mendation that the Agency require environmental
testing of hexachloro-1-3-butadiene (HCBD) (47
FR 58029).
HCBD is a hazard to the environment at low levels, the
EPA notice said, but both strong voluntary and regula-
tory measures have, been taken to control the release of
the chemical to the environment. As a consequence, the
Agency concluded that additional environmental test
data would not be expected to play a significant role in
further regulatory efforts. Because of the current level
of production, use, and disposal there is insufficient ba-
sis to find that HCBD may present an unreasonable risk
to the environment, the notice said.
Acetonitrile
Acetonitrile will not be subject to section 4 rulemaking,
at this time, EPA has decided, because recent govern-
ment testing of the chemical and planned industry
testing responds adequately to the ITC recommenda-
tions. In 1979, the ITC designated acetonitrile for priori-
ty consideration for health effects testing.
In its decision [December 29, 1982 (47 FR 58019)} EPA
said subsequent to the ITC recommendation the Nation-
al Toxicology Program began testing acetonitrile for
chronic and mutagenic effects. In addition, in 1982, U.S.
manufacturers of acetonitrile presented to EPA a plan
for additional mutagencity and teratogenicity testing of
the chemical. The ITC also had recommended an epide-
miological study, but EPA said requiring such a study is
not warranted at this time. EPA is seeking comments on
its conclusions and adequacy of the testing program.
Isophorone
EPA will not require health effects testing for iso-
phorone at this time because actual and proposed test-
ing of the chemical adequately responds to the ITC rec-
ommendations for health effects testing.
In a January 6, 1983 notice (48 FR 727), EPA said the Na-
tional Toxicology Program had initiated a long term
bioassay of isophorone and the major domestic manu-
facturers of the chemical have proposed mutagenicity
and teratogenicity tests. The ITC had placed isophorone
on its priority list on June 1, 1979 (44 FR 31867). EPA is
seeking comments on its conclusions and the industry
testing program.
Acrylamide
An ongoing testing program by the acrylamide industry
in the United States is likely to provide adequate data to
reasonably determine or predict the chemical's envi-
ronmental effects [January 6, 1983 (48 FR 724)]. The no-
tice was EPA's response to an ITC recommendation that
the Agency require environmental effects testing of
acrylamide.
The acrylamide industry's program covers acute toxic
effects testing on a representative group of aquatic ver-
tebrates and invertebrates and chronic effects testing
on an aquatic invertebrate. EPA said the results could
indicate a need for additional testing to characterize
acrylamide's chronic effects on aquatic organisms. EPA
said it would expect the industry to perform the addi-
tional testing voluntarily or the Agency would other-
wise require it by rule.
Toluene
A test rule for toluene will not be developed by EPA at
this time [December 16, 1982 (47 FR 56391)]. Results
from completed, ongoing and planned testing of the
chemical will supply sufficient information to character-
ize or reasonably predict the health effects recom-
mended for consideration by the ITC. In the notice, EPA
cited recent health effects testing programs on toluene
by the American Petroleum Institute, the National Toxi-
cology Program and the National Institute for Occupa-
tional Safety and Health.
Antimony metal, antimony trioxide and antimony
sulfide
EPA has tentatively accepted an industry program for
antimony metal, antimony trioxide and antimony sul-
fide. The acceptance means the Agency will not initiate
section 4 rulemaking for the three substances at this
time. [January 6, 1983 (48 FR716)]. The ITC, in 1979,
had designated the substances for priority testing
consideration.
After the ITC designation, the domestic manufacturers
of the three substances formed the Antimony Oxide In-
dustry Association. In July 1982, the trade group pro-
posed to EPA a program that would have the industry
do the following: monitor and tighten controls on occu-
pational exposure and environmental release; perform
medical surveillance and epidemiology studies for ex-
posed workers; and perform testing to characterize the
health effects (including carcinogenicity) and chemical
fate of the substances. EPA seeks comments on its con-
clusions and the adequacy of the proposed program.
Voluntary Section 4 Agreements OK, GAO Says
EPA has the authority under TSCA to negotiate volun-
tary section 4 testing agreements with the chemical in-
dustry in lieu of issuing administrative testing rules.
That judgment is contained in a recent General Ac-
counting Office (GAO) report, requested by the Senate
Environmental and Public Works Committee.
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COMMENCEMENT OF MANUFACTURE NOTICES:
SECTION 5
Under section 5(a)(1) a person who intends to introduce
into commerce a chemical substance not on the TSCA
Inventory must notify EPA at least 90 days before be-
ginning manufacture or import. On May IS, 1979 (44 FR
28564) EPA published a statement of interim policy con-
cerning section 5, premanufacturing notification (PMN).
In the statement EPA said any person who submits a
PMN under the interim policy and who (after the 90-day
period) begins to manufacture or import the new sub-
stance for commercial purposes must inform EPA on or
about the date when manufacture or import com-
mences, so that the Agency can add the substance to
the TSCA Inventory. This reporting requirement is
imposed under section 8(b). Listed below and on the
next few pages are the latest commencement of manu-
facture notices EPA has received.
NEW CHEMICAL SUBSTANCES FOR WHICH EPA HAS RECEIVED COMMENCEMENT
OF MANUFACTURE NOTICES
(tine* publication of the January 1M3 Chamicals-fn-Proflrasa Bulletin!
PMN No, Submitter Chemical Identification FR Citation
CBI = Confidential Business G = Generic Name Do = Ditto
Information
80-172
80-177
81-93
81-108
81-187
81-271
81-397
81-423
81-427
81-522
81-578
81-579
81-616
81-663
82-21
82-25
82-31
82-86
82-140
82-144
82-148
82-176
CBI
Do
Union Carbide
Corp.
CBI
Do
Rilsan Corp.
American Hoechst
Corp.
CBI
Do
Dow Chemical Co.
CBI
Do
American Hoechst
Corp.
CBI
American Orient
Chemical Inc.
American
Cyanam id Co.
Sandoz Colors
& Chemicals
Mobay Chemical
Corp.
CBI
Do
E.I. duPont de
Nemours & Co.
Dow Corning
Corp.
G Polyisobutenyl succinic anhydride reaction prod-
ucts with substituted ethanol.
Oxirane, polymer with methyl oxirane, 1, 3-
diisocyanatomethylbenzene and
(2-hydroxyethyl)-2-propenoate
G Acrylic alkenyl ester polymer
G Modified soya alkyd
G Cycloaliphatic polyester modified with a
polyether glycol
Azacyclotridecan-2-one, polymer with hexahydro-
2H-azepin-2-one, block copolymer with
polyfpxy {methyl-1,2-ethanediyl), alpha-hydro-
omega-hydroxy-, copolymer
Benzenesulfonic acid, 4-(2-((4-((2-sulfooxy-
ethyl)sulfonyl) 2,6-dimethoxyphenyl)azo)aceto-
acetamido-2-methyl-5-methoxy-
G Alkenyl succinic acid, monoester
G Epoxidized glyceride polyoxy ethylene ether
G Substituted pyridine
G Modified polyethylene oxide
G Polyglycol styrene acrylic polymer
1,7-naphthalenedisuifonic acid, 4-benzamido-5-
hydroxy-6-((2-8ulfooxyethyl) sulfonyl)-1-
sulfonaphthalen-2-yl)azo}-, tetrasodium salt
G Alkali metat salt of substituted benzoate
G Hydroxynaphthoic acid metal complex
G Substituted amine polymer
G Quaternary, ammonium oompognd
A mixture of 1-amino-8-r*apljtf>ol-4,6-disulfonic
acid and its mono and disodium salts
G Oxirane (chtoromethyl) polymer with
2-(substituted) Qthyl amine fractionation
forecuts,^methyl oxirane and oxirane
G Heterocyclic-aikoxyphenyl azo substance
G Ethylene interpoiymer
G Epoxy functional polysiioxane/silica resin
45 FR 52241
8/6/80
45 FR 54422
8/15/80
46 FR 19314
3/30/81
46 FR 20767
4/7/81
46 FR 28004
5/22/81
46 FR 35347
7/8/81
46 FR 44049
9/2/81
46 FR 45996
9/16/81
46 FR 45807
9/15/81
46 FR 52225
10/26/81
46 FR 57126
11/20/81
Do
46 FR 60498
12/10/81
47 FR 1020
1/8/82
47 FR 3592
1/26/82
Do
47 FR 3591
1/26/82
47 FR 7562
2/22/82
47 FR 10073
3/9/82
Do
Do
47 FR 11957
3/19/82
3
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82-206
CBI
Reaction product of [9,12-octadecadienoic acid,
47 FR 13037
dimer, polymer with 2,5 furandione] with tallow
3/26/82
diamine
82-217
Do
2-Methoxy-1,4-naphthalenedione (CASRN:
Do
2348-82-5)
82-231
Do
G Laurylsulfate salt of substituted p-diazo diphenyl-
47 FR 14218
amine, polymer with formaldehyde
4/2/82
82-253
Do
G Urethane polyether
47 FR 16403
4/16/82
82-265
Do
4,4,'-bis(2,5-Dimethylstyryl)-diphenyl
Do
82-282
Do
G Polyhalogenated aromatic polyacrylate
47 FR 17666
4/23/82
82-283
FMC Corp.
T-butylated triphenyl phosphate residue
47 FR 17666
4/23/82
82-314
CBI
G Copolymer of alkyl acrylates and methacrylates
47 FR 19781
5/7/82
82-318
Do
G A mixture of naphthalene sulfonic acid.
47 FR 19782
-(substituted amino)-hydroxy-((substituted
5/7/82
phenyOazo) and naphthalene sulfonic acid,
-(substituted amino)-hydroxy-((substituted
phenyUazo), compounded with organic acids
82-326
Do
G Substituted pyridine
47 FR 20852
5/14/82
82-331
Do
G Nitrophenyl amide
Do
82-332
Do
G Aminophenyl amide
Do
82-372
Do
G ((Substituted phenyl)azo)-dihydro-hydroxy-alkyl-
47 FR 23552
oxo-pyridinecarbonitrile
5/28/82
82-391
Do
G Cresol-formaldehyde resin
47 FR 25400
6/11/82
82-394
Do
G Modified polyurethane from a diisocyanate, sub-
Do
stituted alkanol and a substituted alkane diol
82-398
Do
G A mixture of benzamide, N-((substituted
47 FR 25401
naphthyl)azo)phenyl-((substituted amino-
6/11/82
hydroxy-sulfonaphthyUazo) and benzamide
N-l(substituted naphthyl)azo)phenyl-
((substituted amino-hydroxy-
sulfonaphthyl)azo), compounded with organic
acids
82-402
Do
G Styrene-diene-substituted alkene copolymer
Do
82-410
Do
G Substituted heterocycle, amine salt
Do
82-411
Dow Chemical Co.
G Mixed metal hydroxide
Do
82-446
CBI
G Substituted imidazolidinone
47 FR 28994
7/2/82
82-447
Do
G Substituted imidazolidinone
Do
82-448
Do
G A reaction product of phenylenebis ((((butane
Do
derivative)-substituted)-phenyl)azo), com-
pounded with organic acids
82-457
Do
G Alkyd derivative from fatty acids, substituted
Do
alkanoic acids, a carbomonocyclic anhydride,
polyols and esters
82-465
E. I. duPont de
G Quaternary ammonium chloride
47 FR 30103
Nemours 8t Co.
7/12/82
82-478
Shinko American Inc.
G Calcium salt of a substituted amino acid
Do
82-484
CBI
G Phosphorodithoic acid dialkyl-ester, amine salt
47 FR 31063
7/16/82
82-501
Do
G Substituted pentenedioate
47 FR 33234
7/30/82
82-505
General Electric Co.
4,4'-bis-(2,6-dimethylphenol) sulfone
Do
82-508
Chattem Chemicals
G Bis alkoxylated aluminum acetoacetic ester
Do
chelate
82-509
CBI
G Alkane diol
Do
82-510
Do
G Polyether urethane
Do
82-529
Do
G Aliphatic acid ester salt
47 FR 34187
816182
82-530
Do
G Acidic aliphatic ester
Do
82-533
Do
G Polyhydroxylated diisocyanate
Do
82-534
Do
G Polyether-urethane
Do
82-558
Do
G Acetamidodimethylsiloxane
47 FR 36332
4
8/13/82
-------
Do
G
Substituted unsaturated polycyclic alcohol
Do
Do
G
Alkenyl alkanoate ester
47 FR 36469
8/20/82
Milliken & Co.
G
Chromophore substituted poly(oxyalkylene)
Do
CBI
G
N-alkyl-1,3-diamine propane salts of mixed mono
47 FR 37954
and dialkyl hydrogen phosphate
8/27/82
Do
G
Do
Do
Do
G
Do
Do
Do
Dimethyl ester of 4,4'-(hydroxymethylene)bis-1,2-
47 FR 39241
benezenedicarboxylic acid
9/7/82
Do
Polymer of dimethyl ester of
Do
4,4-(hydroxymethylene) bix-1,2-
benzenedicarboxylic acid with
4,4'-methylenedianiline
E. I. duPont de
G
Polyester polymer
Do
Nemours 8i Co.
Do
G
Polymer of alkyl and substituted alkyl acrylates
Do
Do
G
Do
Do
Do
G
Dimethyl hydantoin formaldehyde toluene
47 FR 39884
sulfonamide condensation product
9/10/82
American
G
Substituted ammonium solfonate
Do
82-561
82-565
82-568
82-581
82-582
82-583
82-584
82-585
82-592
82-593
82-594
82-629
82-641
Cyanamid Co.
SIGNIFICANT NEW USE... SECTION 5(a)(2)
Under section 5(a)(2) EPA determines when certain
uses of chemical substances are significant new uses. A
determination is made by a significant new use rule
(SNUR) promulgated after considering all relevant fac-
tors. The factors include the projected volume of manu-
facturing and processing of the substance, the extent to
which the substance's new use changes the type and
form of exposure to humans or the environment, the
extent to which the substance's use increases the mag-
nitude and duration of exposure to humans or the envi-
ronment, and the anticipated manner and methods of
manufacturing, processing, distributing in commerce
and disposal of the substance. Under section 5(a)(1)(B),
persons must notify EPA at least 90 days before manu-
facturing, processing or importing a chemical sub-
stance for a significant new use as determined by EPA.
In addition, persons who intend to export, for any pur-
pose, a substance that is subject to a proposed SNUR
must notify EPA under section 12(b).
EPA Proposes SNUR for 2 Chemicals
EPA has proposed that consumer uses of two chemicals
be designated as significant new use and be regulated
under a section 5(a)(2) significant new use rule (SNUR).
The proposed rule was published on February 17, 1983
(48 FR 7142). Persons who want to comment on this
proposal should submit written comments no later than
April 18, 1983 and bear the document number 50501
and be sent to the TSCA Publication Information Offi-
cer, EPA, TS-793, Rm. E-108, Washington DC 20460.
This SNUR covers two substances: potassium N,N-bis
(hydroxyethyl) cocoamine oxide phosphate, which was
the subject of PMN 82-400, and potassium N.N-bis
(hydroxyethyl) tallowamine oxide phosphate, which
was subject of PMN 82-409. The chemicals will be man-
ufactured by the submitter for use as surfactants in in-
dustrial cleaning products. The submitter also stated
that the chemicals could be used in general purpose
cleaners marketed to consumers.
After evaluating test data submitted with the PMNs,
EPA concluded that the substances may be severe eye
and skin irritants when used in consumer products and
that use of the substances in consumer products may
present an unreasonable risk. Therefore, EPA negoti-
ated a section 5(e) consent order with the PMN submit-
ter. The order, which became effective September 14,
1982, allows manufacture of the substances only for
use in nonconsumer products, pending the develop-
ment of information concerning their irritation potential
when used in consumer formulations.
The section 5(e) order applies only to the PMN submit-
ter. However, when the substances are added to the
TSCA Inventory any person could manufacture or proc-
ess the substances for any use. Therefore, the proposed
SNUR would designate use of the substances as "con-
sumer chemic^' as a significant new use so that EPA
can review that use before it occurs and take regulatory
action, if necessary.
EPA Withdraws Proposed SNUR
EPA withdrew a proposed SNUR for N-methanesul-
fonyl-p-toluenesulfonanamide (NMPT). The proposed
rule was withdrawn because the chemical did not pre-
sent potential risks of sufficient concern to justify a
SNUR at this time. The withdraw! was effective immedi-
ately [February 17, 1983 (48 FR 7148)1
In a PMN for NMPT, submitted on September 5, 1979,
National Starch and Chemical Corp. provided no test
data concerning specific health or environmental ef-
fects of the substance. At that time, EPA was unable to
evaluate the toxicity of NMPT and was concerned that
once listed on the TSCA Inventory, it could be manufac-
tured by any person, in any volume, for any purpose
with significantly increased exposure. For these rea-
sons, EPA proposed a SNUR for NMPT on November 26,
1980. However, based on National Starch's original pro-
duction volume estimates and additional data on NMPT
the Agency now believes it unlikely that exposure to
this chemical would significantly increase in the future.
For these reasons EPA withdrew the SNUR. One imrne-
diate effect of the withdrawal was that persons who in-
tend to export NMPT need not notify EPA under section
12(b).
5
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EPA Proposes Penalties for Alleged PMN Violations
EPA has proposed civil penalties of about $1 million
against five companies for allegedly violating the PMN
provisions of TSCA.
"This marks EPA's first penalty proposed as a result of
enforcement action under the new chemical review
(PMN) process," said Dr. John A. Todhunter, EPA's As-
sistant Administrator for Pesticides and Toxic
Substances.
A penalty of about $800,000 was asked against El Paso
Products Co., of Odessa, Texas and El Paso Polyolefiris
Co., of Paramus, New Jersey, for producing for com-
mercial purposes a product not on the TSCA Inventory
and for which no PMN was submitted. EPA is proposing
an additional $100,000 penalty against the same
companies and Albany International, Inc. of Columbus,
Ohio and Chemical Dynamics, of South Plainfield, New
Jersey, for manufacturing a new chemical without
submitting a PMN. Against a fifth company,
Montedison USA Inc., EPA has proposed penalties for
importing a new chemical without notifying the Agency
as required. The penalty amount is confidential busi-
ness information.
"I am determined to carry out a vigorous enforcement
program to assure that companies act responsibly and
thus safeguard the public and the environment against
unreasonable risks," Todhunter said. "These violations
were detected after this administration initiated an ag-
gressive enforcement program to inspect all companies
which have submitted PMNs," he said.
REGULATION OF HAZARDOUS
SUBSTANCES ... SECTION 6
Under section 6. EPA is authorized to control a chemical
as a hazardous substance if the Agency finds that the
chemical will present an unreasonable risk of injury to
human health or the environment. Under 6(a), EPA is
required to apply one or several requirements of the
law to the extent necessary to protect against the risk.
PCS Regulatory Background
Under section 6(e) of TSCA, SPA is required to control
the manufacturing, processing, distribution in com-
merce, and use of poiychlorinated biphenyls (PCBs). On
May 31, 1979, EPA promulgated a comprehensive PCB
rule. Included in the rule was an authorization
permitting the use of PCBs in railroad transformers un-
til July 1, 1984. In addition, this authorization required
that the concentration of PCBs in the dielectric fluid of
railroad transformers must be lowered to 6 percent by
January 1, 1982 and to 0.1 percent by January 1, 1984.
EPA Amends Use Authorization for RR Transformers
EPA has amended the restrictions on the use of PCBs in
railroad transformers [January 3, 1983(48FR125)]. The
performance deadlines in the May 1979 rule were
amended to allow affected railroad organizations to
service their transformers consistent with commuter
transit needs. This extension of the performance dead-
lines in the May 1979 rule was needed because ade-
quate PCB substitutes had not been sufficiently tested
in railroad transformers.
The amended performance deadline schedule is as
follows:
July 1, 1983: a one-third reduction (from the January 1,
1982 level) in the number of railroad transformers with
PCB concentrations in excess of 60,000 parts per million
(ppm).
January 1, 1984: a two-thirds reduction in the number
of railroad transformers containing PCBs in excess of
60,000 ppm.
July 1, 1984: prohibition of any use of railroad
transformers containing PCBs in concentration levels
greater than 60,000 ppm.
July 1, 1985: a one-third reduction (from the July 1,
1984 level) of railroad transformers containing PCBs in
concentration levels greater than 1,000 pm.
January 1, 1986: a two-thirds reduction of those units
containing PCBs in concentration levels greater than
1,000 ppm.
July 1, 1986: a prohibition of any use of railroad
transformers containing PCBs in concentration levels
exceeding 1,000 ppm.
In addition, under this amendment, railroad trans-
formers containing PCBs in concentrations equal to or
less than 1,000 ppm may continue to be used for the re-
maining useful life of these transformers.
EPA Seeks Court Action Against PCB Dumping
EPA has charged that Westinghouse Electric Corp.
arranged for the disposal of wastes containing PCBs at
two Bloomington, Indiana sites. The sites now present
an imminent and substantial endangerment to human
health and the environment, EPA said.
The complaint, filed in the Federal district court at
Indianapolis, alleges that Westinghouse discarded elec-
trical capacitators and other waste materials containing
PCBs at the sites. The capacitators are exposed and
leaking, EPA said. The Agency is seeking a preliminary
injunction requiring the company to install runoff con-
tainment measures, and to remove the exposed capaci-
tors and other waste materials. At one site EPA is ask-
ing that the company be required to remove
contaminated soil. EPA also asked the court to order
Westinghouse to plan and carry out final remedial ac-
tions at both sites.
Order Stops Illegal PCB Burning
An Illinois firm was ordered and agreed to stop burning
PCB-contaminated waste oil at its East Cape Girardeau
site and to comply with all Federal environmental laws.
The company, llada Energy Co,, admitted that it had
burnt PCB-contaminated waste oil without authority
and may have caused immediate and irreparable injury
to the public and to the environment.
This order is an example of how decisively and quickly
EPA can, and will, move in cases where the public
health is threatened," en EPA official said at the time
the order was made public. A temporary restraining or-
6
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der against llada had been filed in a Federal district
court, on January 7th and had remained in effect until
the final injunctive order was issued on January 17th.
The llada site, more than 20 acres, contains 17 bulk
storage tanks, with a storage capacity in excess of 10
million gallons. The site, adjacent to the Mississippi
River, was recently flooded.
Under EPA's quidance and direction, llada will remove
the PCB-contaminated material in the tanks and in other
containers on the site. The work will be done in accord-
ance with TSCA and all other applicable Federal and
State laws, llada also will conduct soil sampling in and
around the site to determine the extent to which the
soils sampling in and around the site to determine the
extent to which the soils have been contaminated with
PCBs and other hazardous wastes. The sampling will
use EPA approved methods. If the soils show they are
contaminated, llada will take all necessary actions to
remedy the situation. The company will permit EPA and
Illinois state employees and government contractors
immediate access to the site at all reasonable times to
inspect llada's performance. The Agencies can also take
samples, and review llada's records relating to all pha-
ses covered by the order.
REPORTING RULES
SUBSTANTIAL RISK ... SECTION 8(e)
Under section 8(e) persons who obtain new information
which reasonably supports the conclusion that a sub-
stance presents substantial risk of injury to human
health or the environment must notify EPA within 15
days. These notices are then reviewed by OTS and an
initial evaluation is prepared containing, If appropriate,
followup questions to the submitter, referrals to other
agencies, and recommended OTSIEPA followup actions.
The 8(el notices represent a company's first review of a
situation and a judgment in compliance with the statute
to submit a notice within IS days of obtaining the infor-
mation. EPA publishes its evaluations of these notices
to make this section 8(e) information widely available
snd understandable to a broad public. The submissions
and the initial evaluations are located in the OPTS Pub-
lic Reading Room, first floor, East Tower, Waterside
Mall, 401 M Street, SW, Washington, D.C.
Persons wishing to obtain a copy of section 8(e) notices
may write: Ms. Jerri Green, EPA (A-101), Washington,
D.C. 20460. There is no charge for duplicating the first
49 pages, but at page 50 of a request for duplication
there is a $10.00 fee and a 20«l charge for each addition-
•• Page (e.g., 51 pages cost $10.20).
Recent Section 8(e) Notices of Substantial Risk
Log No. 8EHG [CAS NO]
1182-0462
P-Nitrobenzamide 619—80—7
ummary of final results from several acute and suba-
cute in vivo toxicity studies
1182-0463
Sodium bichromate 10588-01-8
Calcium chromate 13768-19-0
mi„i° summary results of a chronic intratracheal ad-
ministration study
1182-0464
Methyl chloride (chloromethane) 74-87-3
Summary results from in vivo reproduction and
teratogenicity studies
1182-0465
Calco Oil 8ronze Y
Calco Oil Red YM
Results of a battery of in vitro mutagenicity tests
1182-0466
Chlorine gas
7782-50-5
Report of an accidental atmospheric release
SUPPORT ACTIVITY
TSCA Budget Calls for Program Improvements
President Reagan's proposed budget for fiscal year
1984 (to begin on October 1, 1983) emphasizes meeting
and enforcing the statutory requirements of TSCA and
the preventing of backlogs. Efficiencies built into the
program in 1982 integrate the various key sections of
TSCA which will result in higher productivity and in-
creased outputs with slightly fewer resources.
Toxic Substances
(Workyearj)
FY 1982
Celling
FY 1983
Currant
Estimate
FY 1984
Pr»»ld«nt'»
Budg«t
((Millions)
FYU82
Appropriate
FY 1983
Current
Eitlmott
FY 1984
fetsMenfs
8ud0«t
Highlights of the proposed TSCA budget include;
• A change in the new chemloat program, as approxi-
mately one half of the anticipated 1,300 new chemical
notices will be reviewed under the low risk exemption
program. Because exemptions will eliminate large
chemical classes of low concern, the PMNs received
for review will be those which have a higher probabil-
ity of risk and will therefore require detailed review.
7
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• A redirected existing chemicals program will review
and evaluate a larger number of existing chemicals. In
lieu of comprehensive analyses of all exposures and
effects for a few selected chemicals, the program will
focus on reducing risks of specific problems that may
be posed by a given activity with a chemical.
• An emphasis on test data development and the audit
of test data developed on ITC designated chemicals.
This includes the review for adequacy of approxi-
mately 200 test data studies from final test rules or
negotiated agreements adopted during fiscal years
1982 and 1983.
McCarthy Heads IAO
Jack P. McCarthy has been appointed director of
TSCA's Industry Assistance Office (IAO). He replaces Dr.
Douglas Bannerman who resigned in December 1982.
McCarthy, 56, had been a vice president of Koppers
Company, Inc., of Pittsburgh. He joined Koppers in 1947
and has held numerous management positions in gen-
eral management, marketing, purchasing, manufactur-
ing, engineering, construction and in environmental af-
fairs. Before joining EPA, McCarthy had been Koppers
vice president for Regulatory Affairs and Product
Safety.
As IAO director, McCarthy will be responsible for pro-
viding manufacturers and others with technical and
nonfinancial assistance to meet the requirements of
TSCA.
EPA Offers PMN Service at No Cost
The TSCA Industry Assistance Office has a no cost tech-
nical assistance service that helps chemical producers,
processors and importers in completing forms required
for premanufacturing notices (PMNs). The service is be-
ing offered in the northern midwest and in the east
coast corridor on a pilot basis.
The service is provided by an EPA paid contractor,
whose employees have been trained by the EPA techni-
cal staff responsible for processing and approving
PMNs. The contractor's employees have been cleared
by EPA to handle confidential business information. For
additional information call Richard Scarino (312) 454
0536 in the northern midwest and Alan Schneider (201)
277 0060 in the east coast corridor.
Rapid Increase in PMNs Continues
PMN submissions to EPA increased more than 50 per-
cent in 1982 over the total filed in 1981 (999 submis-
sions compared with 662 in 1981).
From the inception of the PMN program in 1979 through
December 31, 1982, EPA received 2,062 valid PMNs. Of
that total, 1,711 already have passed through the 90-day
review process. Out of the 1,711, EPA has received 723
commencement of manufacture (or import) notices
(about 41 percent).
Of the 1,282 valid PMNs received by EPA from October
1, 1981 to December 31, 1982, 204, or about 15 percent
were submitted by importers.
1979 1980 1981 1982
2062
Industry Assistance Office (TS-799) official Business
Office of Pesticides & Toxic Substances Penalty for Private use
U.S.E.P.A. 1300
Washington, D.C. 20460
First Class Mail
Postage and Fees Paid
EPA
Permit No. G-36
THE TSCA CHEMICALS-IN-PROGESS BULLETIN
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