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Vol. 5, No. 5
November 1984
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 TSCA
Assistance Office (TAO), (TS-799) EPA, Washington, D.C. 20460. The TAO also has a toll-free telephone number (800) 424-9065.
In the Washington D.C. area, or from outside the continental United States call (202) 554-1404.
REGULATORY & REQUIRED ACTIONS
TESTING OF CHEMICAL SUBSTANCES
AND MIXTURES . . . SECTION 4
Section 4 of TSCA gives EPA authority to require manufac-
turers or processors of chemicals to test the toxic effects
of a designated substance. To require testing EPA must
find that the chemical may present an unreasonable risk;
that there are insufficient data available with which to per-
form a reasoned risk assessment; and that testing is neces-
sary to generate such data. A test rule may also be based on
an EPA finding of substantial production and exposure to
humans or the environment, in addition to findings of insuf-
ficient data and need for testing.
Under section 4(e) an Interagency Testing Committee (ITC)
was established to recommend chemicals to EPA for prior-
ity consideration for the promulgation of section 4 test
rules. The ITC can designate up to 50 chemicals or cate-
gories of chemicals for testing and must make revisions to
this section 4 priority list as needed. In turn, EPA must re-
spond within one year after the ITC adds a substance to the
priority list by starting rulemaking under section 4 or giving
reasons for not doing so.
The ITC is made up of appointed members from eight Fed-
eral agencies, as specified in TSCA. Representatives from
six additional Federal agencies serve in a liaison capacity.
EPA Issues Test Rule for TCEA
A final test rule requiring manufacturers and processors of
1,1,1-trichloroethane (TCEA) to test the chemical for tera-
togenic effects, or more specifically, developmentally toxic
effects was issued by EPA [October 10, 1984 (49 FR 39810)].
The Agency is not requiring any environmental effects test-
ing of the chemical. The rule requires that TCEA testing be
performed according to protocols submitted and approved
by EPA.
The ITC designated TCEA for priority testing consideration
in 1978. It recommended EPA consider requiring industry to
test the chemical for carcinogenicity, mutagenicity, terato-
genicity and other chronic effects and that an epidemio-
logic study be performed. The ITC did not recommend envi-
ronmental effects testing for the chemical.
On June 5,1981 EPA issued a proposed rule that would have
required TCEA testing for teratogenicity and for certain ef-
fects, which it listed (46 FR 30300). At that time the Agency
also presented its reasons for not proposing testing for
several other effects recommended by the ITC concluding
that existing information was sufficient to reasonably pre-
dict or determine these effects.
INSIDE
2
9
First progress report in EPA's
investigation of formaldehyde
Asbestos-in-Schools, a fact sheet
to help thousands of public and
private school administrators
-------
Final Procedural Test Rule is Published
A final rule has been published establishing EPA's proce-
dures for test rule development under section 4(a) of TSCA,
for granting exemptions from test rules, and for providing
standards for the conduct of those tests when two-phase
rulemaking procedures are used. The rule sets forth
methods for prescribing how data are to be developed in
response to test rules. The rule also describes the pro-
cedures that persons subject to the test rules must follow
in order to obtain testing exemptions or receive EPA's ap-
proval to conduct testing.
The TCEA and the procedural rule dovetail, and EPA
has published both in one special part of the Federal
Register. Contact the TAO for a copy of the two rules.
EPA Reports on Regulatory Investigation of Formaldehyde
On May 23, 1984, EPA decided, under section 4(f) of TSCA
that exposure of two specific populations to formaldehyde
warranted priority regulatory investigation because there
may be a reasonable basis to conclude that the chemical
presents a significant risk of widespread harm to humans
from cancer (49 FR 21898). Those populations are: (1)
residents of mobile and conventional homes made with
urea-formaldehyde wood products and (2) employees
manufacturing permanent-press apparel. In the notice an-
nouncing this decision, EPA promised to report semiannu-
ally in this Bulletin on the progress of the formaldehyde
investigation. This is the first such report.
The purpose of the regulatory investigation is to determine
the most appropriate options for reducing the exposure to
the two populations of concern. This determination will be
based on consideration of the magnitude of exposure re-
duction and the economic costs associated with the vari-
ous options.
As part of the regulatory investigation, EPA is investigating
issues that were not related to the May 1984 determination
regarding cancer risk. That determination was based solely
on an assessment of the carcinogenicity of formaldehyde
and on approximate estimates of current exposures. In con-
trast, the current regulatory investigation addresses ways
to reduce the formaldehyde exposure of these popula-
tions—assessing the technical feasibility, cost, and effi-
cacy of possible controls. EPA is also examining noncar-
cinogenic health effects of formaldehyde in addition to the
carcinogenic effects that were the basis of the section 4(f)
determination. These studies are scheduled for completion
by the end of December 1984. As EPA completes individual
studies for this regulatory investigation, copies of reports
will be placed in the public docket. The following describes
these studies.
Identifying and Estimating the Costs of Options
EPA has identified technical options for reducing for-
maldehyde exposures due to wood products and textiles
and Is currently studying the engineering changes which
would be required and the cost of possible controls. EPA
has identified over a dozen possible control strategies for
use by the wood products industry to reduce formaldehyde
emissions. The wood products study covers such factors as
technical feasibility and the cost of the control options
(materials, labor, equipment and quality differentials). EPA
is currently completing reports on the cost of the control
options for various types of housing units (mobile, other
manufactured and conventional).
Similar research has been initiated for garment manufac-
ture. EPA has identified several control options that could
be used by the textile industry to reduce garment worker
exposure. Cost estimates for implementing these control
options are currently being developed.
Assessing the Efficacy of Control Options
In order to make the section 4(f) determination in May 1984,
EPA examined monitoring data on formaldehyde exposure
levels in existing housing and in apparel manufacturing
facilities. However, regulatory decisionmaking requires
estimates of the exposure levels that would result from
various options, including those that reduce, but do not
eliminate, the formaldehyde exposures to these popula-
tions. These estimates are needed to determine whether
such measures can sufficiently reduce exposure.
In order to make such estimates of expected formaldehyde
air concentrations in housing, EPA has been gathering and
analyzing the available literature on formaldehyde emis-
sions from wood products. EPA has also developed a sim-
ple model for relating emission rates of formaldehyde to
indoor air concentrations and eventually expects to use a
sophisticated model being developed and validated at the
National Bureau of Standards (NBS).
With respect to garment manufacturing, EPA is reviewing
available data on the formaldehyde emission rates of dif-
ferent fabric treatments and available field monitoring data.
Based on this review of currently available data, the Agency
will determine whether and how those data can be related
to formaldehyde air concentrations in apparel manufactur-
ing facilities. So far, the best monitoring information ap-
pears to be data in two studies by the National Institute for
Occupational Safety and Health completed since May 1984.
Assessment of Noncarcinogenic Health Effects
As part of assessing the potential benefits of regulation,
EPA is examining the noncarcinogenic effects of formal-
de-hyde (i.e., irritation, sensitization, and possible
neurological effects, such as headaches or sleep distur-
bance). By the end of December 1984, EPA will quantify the
relationship of these noncarcinogenic effects to dose if this
can be done with current epidemiologic data. This will not
delay EPA's decisionmaking on formaldehyde.
Other Analyses
EPA has entered into an inter-agency agreement with the
NBS for work to be conducted in 1985. First, NBS is vali-
dating a sophisticated, predictive mode! for formaldehyde.
The model is currently being developed for the Consumer
Product Safety Commission by the Oak Ridge National
Laboratory and NBS. EPA expects this validation to be com-
pleted very early in 1985. EPA believes that this model may
provide a more useful, less expensive, and less time-
consuming method to predict indoor formaldehyde concen-
trations (associated both with currently used construction
practices and with possible control measures) than would
additional extensive monitoring surveys. The inter-agency
agreement also will provide some funding for characteriz-
ing the emission rates of those urea-formaldehyde wood
products manufactured in 1985, which are believed to emit
less formaldehyde than earlier products and to develop and
conduct accelerated aging tests for these products. EPA
expects that this product characterization will be com-
pleted by mid-1985. Work done by NBS in 1985 will be used
in later EPA deliberations. EPA will proceed in March 1985
to make decisions with the data available at that time.
2
-------
In addition, EPA is reviewing comments received on the
cancer risk assessment used to support the section 4(f)
determination and is participating in a Formaldehyde
Workgroup under the auspices of the Interagency Risk
Management Council. The workgroup facilitates the shar-
ing of information by government agencies. EPA will con-
tinue its active participation in this effort.
Projections
By January 1985, EPA expects to complete assessments of
the available data on the cost and efficacy of possible con-
trols and on the noncarcinogenic health effects. EPA will
evaluate these assessments and, in March 1985, will decide
what action to take on formaldehyde. A report of this deci-
sionmaking will be published in this Bulletin in the Spring
of 1985.
Significant New Use
Under section 5(a)(2) EPA determines certain uses of chemi-
cal substances are significant new uses. A determination is
made by a significant new use rule (SNUR) promulgated
after considering all relevant factors. These factors include
the projected manufacturing (import) and processing vol-
ume 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 magnitude and duration of exposure to
humans or the environment, and the anticipated manner
and methods of manufacture, processing, distribution in
commerce, use, or disposal of the substance. Under sec-
tion 5(a)(1)(B), persons must notify EPA at least 90 days
before manufacturing or processing a chemical substance
for a significant new use as determined by EPA. If the sub-
stance is imported, the importer must comply with certifica-
tion requirements of TSCA section 13. In addition, persons
who intend to export, for any purpose, a substance that is
subject to a proposed or promulgated SNUR must notify
EPA under section 12(b).
EPA proposes SNURs for chemical substances which are
on the TSCA chemical inventory. A SNUR may be proposed
in conjunction with a 5(e) order issued during the PMN
review period or may be proposed at any time following ad-
dition of a chemical to the chemical inventory. Section 5(e)
orders that allow use of a PMN substance under controlled
conditions are usually followed by a proposed SNUR
because the order applies only to the original submitter.
When the PMN submitter sends EPA a notice of commence-
ment of manufacture (see page 4) the Agency adds the PMN
substance to the chemical inventory. A SNUR is necessary
in order to assure that controls imposed by the 5(e) order
will also apply to anyone else who may decide to manufac-
ture or process the new chemical in question.
Section 5(e) Action Pending Development of Information
The Administrator may issue a section 5(e) order to take
effect at the end of the PMN review period. The order may
limit or prohibit manufacture (import), processing, distribu-
tion in commerce, use, or disposal of the PMN substance.
The action can be taken if information available to EPA is in-
sufficient to permit a reasoned evaluation of the risks, and
if the substance may present an unreasonable risk to either
health or the environment. A 5(e) order may also be issued if
there is insufficient information and the substance may be
produced in large quantities and may result in significant or
substantial human exposure, or substantial release to the
environment.
A 5(e) order can be a consent order or a unilateral order. In a
consent order, EPA negotiates the terms of the order with
the company that submitted the PMN. The company agrees
to be bound by the order and waives its rights to file objec-
tions to the order. This waiver does not affect any other
rights that the company may have under TSCA. The com-
pany at a later date can request a modification of the con-
sent order. In an unilateral order EPA takes action to restrict
or prohibit the manufacture or use in commerce of the PMN
substance.
PMN
G
Chemical Identification
= Generic Name Do = Ditto
5(e)
Consent Order or
Unilateral Order
5(a)(2)
Proposed
SNUR
83-906
83-908
83-909
83-910
G
G
G
G
Brominated aryl aklyl ether
Ethylated amino phenol
Amino phenol
Anilino ether
Consent
Order
11/23/84
49
FR 38303
9/28/84
83-1023
G
Alkyl aryl phosphine
Consent Order
1/16/84
49
FR 36880
9/20/84
83-1162
and
83-1163
G
Substituted pyridine
Consent
Order
8/7/84
—
84-27
G
Polyol carboxylate ester
Modification of
Consent Order
4/9/84
Pending
84-274
Poly (OXY-1,4-butanediyl-N-(1-OXO-2-propenyl-w-[1 -OXO-2-
propeyl)OXY]
Consent Order
8/15/84
Do
83-393
2-Chloro-N-methyl-N-substituted acetamide
Consent Order
8/21/84
Do
84-417
G
Substituted phenol
Consent Order
8/17/84
Do
84-569
G
Polychlorinated alkylated aromatic hydrocarbon
Consent Order
9/26/84
—
3
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EPA Issues First Final SNUR
EPA published on September 5, 1984 (49 FR 35011) its first
final SNUR. In issuing this SNUR, EPA established a new
Part 721 in Title 40 of the Code of Federal Regulations. Part
721 is divided into subparts A and B. Subpart A will contain
general procedural provisions that apply to all SNURs. Sub-
part B will contain provisions unique to individual sub-
stances in question.
The first final SNUR covers potassium N, N-bis
(hydroxyethyl) cocamine oxide phosphate and potassium
N,N-bis (hydroxyethyl) tallowamine oxide phosphate. The
SNUR requires persons to notify EPA at least 90 days
before manufacturing, importing or processing the sub-
stances for use in consumer product formulations contain-
ing greater than five percent by weight of these substances.
The substances were the subject of premanufacture
notices and a TSCA section 5(e) consent order.
Proposed SNUR Issued for HMPA and Urethane
On October 10, 1984 (49 FR 39703) EPA published a pro-
posed SNUR designating three significant new uses for
each of two chemical substances. The substances are
hexamethylphosphpramide (HMPA) (660-32-9) and
urethane (51-79-6). EPA believes the SNUR action is
necessary because the significant new uses for the sub-
stances have the potential for adversely exposing either
humans or the environment to toxic chemical substances.
Written comments on this EPA action should be submitted
to the Agency by December 10, 1984.
MANUFACTURING AND PROCESSING NOTICES . . . SECTION 5
Section 5 of TSCA gives EPA authority to quickly review and control, if necessary, new chemicals to prevent large scale
distribution before a new substance's effects on health or the environment are fully determined.
Commencement Of Manufacture Notices
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 beginning manufacture or import. Listed below on the next few pages are the latest com-
mencement of manufacture notices EPA has received.
NEW CHEMICAL SUBSTANCES FOR WHICH EPA HAS RECEIVED COMMENCEMENT
OF MANUFACTURE NOTICES
(since publication of the September 1984 Chemlcals-in-Progress Bulletin)
FR
PMN no. Submitter Chemical Identification Citation
CBI = Confidential Business Information G = Generic Name* Do = Ditto
81-652 CBI
82-13 Do
82-259 Do
82-560 Do
83-346 Do
83-662 Do
83-681 American Cyanamid Co.
83-737 CBI
83-759 Do
83-886 American Cyanamid Co.
83-887 Do
83-889 Do
83-891 Do
83-943 CBI
83-978 Do
83-992 Sybron Chemical Division
83-1009 CBI
G Carbocyclic diisocyanate
G Polyester diol
G Aliphatic oligometric carbonate diol
G Polymer of the homopolymer of hexane,
1,6-diisocyanato-, substituted alkyl alkanoates and
a benzene derivative
Polymer of 2-propenoic acid, 2-methyl-, methyl ester
and 1,3-butyleneglycol diacrylate
G Melamine formaldehyde resin
G Carbocyclic isocyanate
G Hydroxy functional acrylic resin
G Functionalized acrylic polymer
G Carbocyclic diol
G Carbocyclic isocyanate
G Carbocyclic urethane
G Do
G Vinyl aromatic methacrylate polymer
G Aromatic copolyester
G Copolymer of styrene and an alkyl methacrylate
1-Propanaminium, 2,3,-di-hydroxy-N,N,N-
trimethylchloride
47
FR 1019
1/8/82
47
FR 3031
1/21/82
47
FR 16403
4/16/82
47
FR 35332
8/13/82
48
FR 862
1/7/83
48
FR 20490
5/6/83
48
FR 21370
5/12/83
48
FR 23903
5/27/83
48
FR 24967
6/3/83
48
FR 32381
7/15/83
Do
Do
Do
48
FR 33533
7/22/83
48
FR 34506
7/29/83
48
FR 35713
8/5/83
48
FR 36647
8/12/83
4
-------
83-1024
Do
G
Polyether urethane-methacrylate blocked
48
FR 37699
8/19/83
83-1043
Do
G
Hydrogen <2-[2-[a[2-[hydroxy-3,5-substituted phenyl
azo]-arylhy-drazino]-4-substitutedaryl]cuprate,
sodium salt
48
FR 37700
8/19/83
83-1081
Do
G
Quaternary ammonium chloride
48
FR 39689
9/1/83
83-1158
Do
G
Polymer of styrene with mixed alkyi acrylates and
methacrylates
48
FR 41638
9/16/83
83-1183
Do
G
Substituted poiyalkylene polyamine
48
FR 41644
9/16/83
83-1308
Do
G
Benzo-heterocyclic, 2-[[4-[aikyi(2-
hydroxyalkyl)amino]phenyl]azo]-6-methoxy-3-alkyl-,
chloride
48
FR 45842
10/7/83
84-32
Do
G
Aminomethylene phosphonic acid
48
FR 48863
10/21/83
84-172
Do
G
Functional acrylic copolymer
48
FR 50944
11/4/83
84-174
E.I. du Pont de Nemours &
Co., Inc.
G
Titanium (4 + ) mixed alcohol complex
48
FR 50950
11/4/83
84-210
CBI
G
4-Substituted benzoyl chloride
48
FR 53162
11/25/83
84-259
Do
G
Bis(polyalkylaminotriphenyl)-bis(alkylamino)benzene
48
FR 56846
12/23/83
84-308
Do
G
Benzenamine, 2-substituted-4-[2-(5-substituted-2,3-
dihydro-1,3,3-trialky 1-1 H-indol-2-yl)ethenyl]-
49
FR 930
1/6/84
84-328
Do
G
Modified linseed alkyd
49
FR 3523
1/27/84
84-336
Westinghouse Electric Corp.
Polymer of melamine, formaldehyde, o,p,
toluenesulfonamide, methyl glucoside, sodium
hydroxide, guanidine carbonate, magnesium bromide
Do
84-337
Do
Polymer of phenol, nonyl phenol, formaldehyde, methyl
glucoside, sodium carbonate, ammonium sulfamate
Do
84-339
Do
Polymer of phenol, nonyl phenol, formaldehyde Reax
27D, methyl glucoside, sodium carbonate
Do
84-393
CBI
G
2-Chloro-N-methyl-N-substituted-acetamide
49
FR 6160
2/17/84
84-399
Do
G
Blocked amine
49
FR 6991
2/24/84
84-436
Biddle Saywer Corp.
Cyano ethyl pullulan
49
FR 7654
3/1/84
84-442
CBI
G
Epoxy-modified urethane polymer
49
FR 9013
3/9/84
84-451
Do
G
Phenoxazin imine
Do
84-455
Metacomet Inc.
G
Substituted tetrazole
Do
84-472
PPG Industries Inc.
G
Acrylic copolymer
49
FR 9954
3/16/84
84-481
CBI
G
Polyester urethane polymer
Do
84-533
Do
G
Acrylated urethane—polyester/polyether backbone
49
FR 13744
4/6/84
84-535
Do
G
Alkali metal polycarboxylate
Do
84-536
Do
G
Short oil coconut alkyd resin based on phthalic
anhydride and mixed polyols
Do
84-540
Do
G
Siloxanes and silicones, dimethyl, methylfluoroalkyl
Do
84-545
Do
G
Mixed acrylic ester copolymer with monobasic acid
modified alkyd resin
49
FR 14802
4/13/84
84-550
Do
G
Soybean-tung polyurethane varnish
Do
84-551
Do
G
Polymeric polyamine
Do
84-552
Do
G
Do
Do
84-553
3M Co.
Polymer of ethenyl benzene, Isooctyl 2-propenoate,
peroxide(3,3,5-trimethylcyclohexylldene)bis(1,1-
dimethylethyl)
Do
84-568
Arizona Chemical Co.
G
Substituted tall oil polymer
Do
84-579
CBI
G
Substituted alkenoi
49
FR 16833
4/20/84
84-583
Do
G
Alkyi salicylate
Do
84-623
Scott Bader(USA) Co.
G
Cross-linked copolymer of 2 propenamide and 2
propenoic acid sodium salt
5
49
FR 18034
4/26/84
-------
84-656
Hach Co.
G
Substituted ammonium phenyl phosphonate
49
FR 19110
5/4/84
84-657
Do
G
Sulfonated amino naphthalene
Do
84-659
CBI
G
Iron complex of a substituted phenyl azo
Do
84-681
Do
G
Unsaturated and saturated alkanoic acids
49
FR 21113
5/18/84
84-683
Do
G
Substituted succinic anhydride
Do
84-691
Hach Co.
1-(1-Hydroxy-4-methyl-2-phenylazo)-2-naphthol-4-
Do
sulfonic acid triethanol ammonium salt
84-748
CBI
G
Modified polyol acetals
49
FR 23916
6/8/84
*The generic name is the name that was provided by the submitter when the corresponding PMN was filed. A different generic
name may be assigned to the compound by EPA when published in the TSCA Inventory of Chemical Substances.
REGULATION OF HAZARDOUS SUBSTANCES . . .
SECTION 6
Under section 6 of TSCA, EPA is authorized to control a
chemical as a hazardous substance if the Agency finds that
there is a reasonable basis to conclude that the chemical
presents or will present an unreasonable risk of injury to
human health or the environment. Under section 6(a), EPA
may apply one or more of several different regulating meas-
ures to the extent necessary to protect adequately against
the risk.
Under section 5(f)(2) EPA can issue an immediately effective
proposed rule under section 6(a) to apply to a chemical that
is the subject of a section 5 premanufacturing notice (PMN)
if the Agency finds there is a reasonable basis to conclude
that the manufacture, processing, distribution in com-
merce, use, or disposal of the chemical presents or will pre-
sent an unreasonable risk of injury to human health or the
environment before a final rule promulgated under section 6
can protect against such risk.
PCB Regulatory Background
Under section 6(e), EPA is required to control the manufac-
turing, processing, distribution in commerce, and use of
PCBs. On May 31, 1979 EPA promulgated a PCB rule. How-
ever, on October 30, 1980, the United States Court of
Appeals for the District of Columbia Circuit, responding to
a petition filed by the Environmental Defense Fund (EDF),
set aside that portion of the PCB rule that characterized in-
tact nonleaking PCB-containing transformers, capacitors
and electromagnets as totally enclosed. The court also
struck down the provision limiting application of the rule to
PCBs in concentrations of 50 ppm or greater for manufac-
turing, processing, distribution in commerce and use. The
court remanded both parts of the May 31,1979 rule to EPA
for further action.
The effect of this court decision on electrical equipment
would have been to make the use of capacitors, electro-
magnets and transformers (other than railroad trans-
formers) containing any concentration of PCBs a violation
of section 6(e). An immediate ban of these uses would have
disrupted electrical service throughout the United States
causing severe economic hardship both to the general pub-
lic and industry. Therefore, EPA concluded that it was im-
practical to take no action and allow a total ban on the use
of this equipment to go into effect.
On January 21, 1981, EPA, EDF (the plaintiff) and some in-
dustry groups filed a joint motion with the courts asking for
a stay of the mandate setting aside the classification of
transformers, capacitors and electromagnets as totally
EPA Issues Immediately Effective Rule
Using authority under section 5(f)(2), EPA issued an immedi-
ately effective section 6(a) proposed rule on September 20,
1984 (49 FR 36846) to prevent a possible carcinogenic risk
to metalworkers. The proposed rule applies to a new chemi-
cal substance that is the subject of a premanufacturing
notice (PMN 84-529). The proposed rule prohibits the addi-
tion of nitrosating agents, such as nitrates, to the chemical
substance (known generically as mixed mono and diamides
of an organic acid) when used in metalworking fluids.
If PMN 84-529 is used in metalworking fluids without nitro-
sating agents, as intended by the PMN submitter, nitrosa-
mines will not be formed.
EPA believes nitrosating agents may be added to water-
based cutting fluids containing the new additive. The EPA
action is prompted by a concern over the formation of
nitrosamines in water-based metalworking fluids which
contain PMN 84-529 should nitrosating agents be added to
such fluids.
enclosed. If the motion was stayed, EPA told the court, the
Agency would conduct a rulemaking on the use of PCBs in
electrical equipment. In addition, if the stay was granted the
Edison Electric Institute (EEI) through the Utility Solid
Waste Activities Group (USWAG) agreed to develop some of
the factual material necessary for the rulemaking, the court
was told. All parties to the motion also agreed on a series of
interim risk-reduction measures.
On February 12,1981, the court granted the requests of the
joint motion and entered an order. The order allowed the
May 31,1979 totally enclosed classification to remain in ef-
fect for the duration of the stay. But the court ordered EPA
to promulgate a final rule. EPA issued a final PCB rule on
August 25, 1982 (47 FR 37342) that amended the May 31,
1979 PCB rule. This action authorized the use of PCBs in
capacitors and the use and servicing of PCBs in electro-
magnets, circuit breakers, voltage regulators, reclosers,
cables and switches (including sectionalizers and motor
starters). Transformer use (other than railroad transformers)
also is covered by this rule. In addition the rule provides for
the distribution in commerce and disposal of all these types
of electrical equipment.
Among other provisions of the August 25, 1982 final PCB
rule:
1. Prohibits the use of PCB Transformers and PCB-filled
electromagnets (with concentrations of 500 parts per
million (ppm) or greater) posing an exposure risk to food
-------
and feed after October 1, 1985. Until that date weekly in-
spection of this equipment is required.
2. Authorizes the use of all other PCB Transformers for the
remainder of their useful lives and requires a quarterly in-
spection of this equipment for leaks of dielectric fluids.
3. Authorizes the use of large PCB Capacitors that are
located in restricted access electrical substations for the
remainder of their useful lives.
4. Authorizes the use of large PCB Capacitors that are
located in restricted access indoor installations for the re-
mainder of their useful lives.
5. Prohibits the use of all other large PCB Capacitors after
October 1, 1988.
6. Eliminates any proposed inspection requirements for all
large PCB Capacitors.
7. Authorizes the continued use of each piece of PCB-
containing mineral oil filled electrical equipment for its re-
maining useful life.
8. Allows oil filled cable to be assumed to contain less than
50 ppm if the actual PCB concentration is unknown.
9. Allows nonleaking PCB Large High Voltage Capacitors
and PCB-Contaminated Electrical Equipment stored for dis-
posal to be held outside of qualified storage facilities after
January 1, 1983.
EPA Proposes Change In PCB Transformer Rule
EPA is proposing amendments to its August 25, 1982 PCB
electrical use rule to address the risks posed by fires involv-
ing PCB transformers [October 11, 1984 (FR 39966)].
After issuing the electrical use rule (see background above)
EPA received data indicating that fires involving trans-
formers containing PCBs may occur more frequently than
previously expected, and that transformer fire-related haz-
ards are not restricted solely to transformers located inside
buildings.
EPA is proposing to require:
• Immediate registration of all PCB Transformers (trans-
formers having greater than 500 ppm PCBs) with appro-
priate fire department jurisdictions;
• Immediate registration with building owners of all PCB
Transformers located in or near buildings;
• Immediate removal of stored combustibles from PCB
Transformer locations;
• Immediate marking of the exterior of PCB Transformer
locations with PCB identification labels;
• By July 1, 1988, the Installation of additional electrical
protection on PCB Transformers that are likely to
undergo sustained high temperature arcing;
• By July 1, 1988, the isolation of PCB Transformers
located in or near buildings from building ventilation
equipment, ductwork and openings In construction to
reduce widespread structure contamination as a result
of a fire involving this equipment.
The proposed rule requires the reporting of all PCB Trans-
formers fire-related incidents to the National Spill
Response Center. The proposal also requires PCB Trans-
former owners to take measures as soon as practically
possible after a fire to contain potential water releases.
An informal hearing on this proposed rule will be held if re-
quested. Call the TAO (800) 424-9065 for more information.
Also call the TAO to reserve a copy of "PCB Transformer
Fires: Comments on the Advance Notice of Proposed Rule-
making." This volume contains the comments of persons
responding to EPA's March 23, 1984 notice (49 FR 11070).
Citizen's Petition ... Section 21
Any person may petition EPA to begin a proceeding for the
issuance, amendment or repeal of a rule under section 4 or
8, or an order under section 5(e) or 6(b)(2), of TSCA. EPA may
either grant or deny the petition. If it is granted, EPA must
promptly commence an appropriate proceeding under sec-
tion 4, 5, 6, or 8 of the Act. Denials must be published in the
Federal Register with the reasons for the denial. If EPA
denies the petition or fails to act within 90 days, the peti-
tioner may begin a civil action in a U.S. District Court.
EPA Denies Petition
EPA denied a section 21 citizen's petition that asked the
Agency to amend its section 8 Inventory Reporting rule by
deleting the designation of inorganic glasses as mixtures.
The petition, submitted by the Society of the Plastics Indus-
try, also asked in the petition that structural polymers,
which would include inorganic glasses, be excluded from
the TSCA Inventory reporting rule by classifying them as
not being chemical substances. In the denial EPA con-
cluded that available information does not support the re-
quested amendments and that the amendments are proce-
durally inappropriate for the relief sought [September 20,
1984 (49 FR 36844)].
REPORTING RULES
Section 8(a) of TSCA authorizes EPA to issue rules which re-
quire each person who manufactures, Imports, or proc-
esses (other than a small manufacturer, Importer, or proc-
essor) or who proposes to manufacture, import, or process
a chemical substance to submit such reports as EPA may
reasonably require. Pursuant to this authority, EPA pro-
mulgated a reporting rule for current and prospective
manufacturers and importers of chlorinated naphthalenes.
CN Manufacturers and Importers Must Report
Persons who manufacture or import any of 19 EPA-named
chlorinated naphthalenes (CNs), or who plan to do so, are
now required to notify the Agency. The required notice
must report data on intended or expected uses, production
quantities, chemical composition, and waste. Small busi-
nesses that manufacture or process CNs are exempt from
this rule. The EPA rule on CNs was published on August 24,
1984 (49 FR 33649) and became effective on October 8,1984.
The 19 CNs, subject to the Section 8(a) rule, are:
90-13-1 Naphthalene, 1-chloro-
91-58-7 Naphthalene, 2-chloro-
1321-64-8 Naphthalene, pentachloro-
7
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1321-65-9
1335-87-1
1335-88-2
1825-30-5
2050-69-3
2050-72-8
2050-73-9
2050-74-0
2050-75-1
2065-70-5
2196-75-6
2198-77-8
2234-13-1
25586-43-0
32241-8-0
70776-03-3
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene,
Naphthalene
trichloro-
hexachloro-
tetrachloro-
1.5-dichloro-
1,4-dichloro-
1.2-dichloro-
1.7-dichloro-
1.8-dichloro-
2.3-dichloro-
2.6-dichloro-
1,3-dichloro-
2.7-dichloro-
octachloro-
chloro-
heptachloro-
, chloro derivs
20328-87-4
These CNs are on the TSCA Inventory. The manufacture or
import of any CN not listed above requires the submission
of a pre manufacture notice under TSCA's PMN rules.
SECTION 8(e).. . SUBSTANTIAL RISK
Under section 8(e) persons who obtain new information
which reasonably supports the conclusion that a substance
presents substantial risk of injury to human health or the
environment must notify EPA within 15 days. These notices
are then reviewed by the Office of Toxic Substances (OTS)
and an initial evaluation is prepared containing, if appropri-
ate, followup questions to the submitter, referrals to other
agencies, and recommended OTS/EPA followup actions.
The 8(e) notices represent a company's first review of a sit-
uation and a judgment in compliance with the statute to
submit a notice within 15 days of obtaining the information.
EPA publishes its evaluations of these notices to make this
section 8(e) information widely available and understand-
able to a broad public. The submissions and the initial eval-
uations are located in the OTS Public Reading Room, first
floor, East Tower, Waterside Mall, 401 M Street, SW, Wash-
ington, D.C.
Persons wishing to obtain a copy of section 8(e) notices
may write: EPA, Freedom of Information, Ms. Jerri Green,
(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
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SUPPORT ACTIVITY
Advisories Warn About Nitrosamines
The TAO is distributing two new EPA Chemical Advisories
dealing with the potential risk of nitrosamines in metal-
working fluids. One of the advisories gives guidance to for-
mulators of metalworking fluids. It warns that adding nitrite
to liquids containing diethanolamine and triethanolamine
results in the formation of N-nitrosodiethanolamine
(NDELA), one of the nitrosamines of great concern. The sec-
ond advisory is directed to workers who use metalworking
fluids when machining or grinding. Both advisories warn
that NDELA has caused cancer in laboratory animals and
the fluids are suspected of causing cancer in humans.
Machinists are told to avoid skin contact with metalworking
fluids containing nitrites and amines. Breathing mists from
such fluids should also be avoided.
New and Revised Guidelines Available
EPA has developed several new test guidelines and has
revised several existing test guidelines. These guidelines
may be cited in TSCA chemical-specific test rules. The
guidelines may be purchased through the National Techni-
cal Information Service (NTIS), 5285 Port Royal Drive,
Springfield, Virginia 22161 (703) 487-4630. NTIS is a service
of the U.S. Department of Commerce.
TSCA test guidelines were originally published in 1982. A
first set of new and revised guidelines was added in 1983.
Some of the guidelines listed below are recent revisions to
the 1983 guidelines. The revisions were made in response
to public comments and as a consequence of recent ad-
vances in the state-of-the-art. Support documents for some
of the guidelines are part of the package available through
NTIS. The following is important information for ordering
these guidelines from NTIS:
• New and revised health effects PB84-233295
test guidelines
• New and revised chemical fate PB84-233287
test guidelines
EPA is interested In comments on the new test guidelines.
Written comments must be received by January 14, 1985.
For more information on how to comment call the TAO toll-
free number.
Ordering information for the original sets of test guidelines
is as follows:
• Health effects test guidelines PB82-232984
• Environmental effects test guidelines PB82-232992
• Chemical fate test guidelines PB82-233008
• Complete set of the above three PB82-232976
guidelines
Asbestos-ln-Schools—Fact Sheet
Background Since the late 1970s, EPA has
focused Its attention on the disease-
causing potential of exposure to
airborne asbestos-in-schools.
Thousands of public and private
schools contain friable asbestos-
containing materials. The term
friable describes materials that can
be crumbled, pulverized, or reduced
to powder by hand pressure.
Advisory Available on Leaking Underground
Storage Tanks
EPA is publishing a chemical advisory to assist peo-
ple who own or operate underground motor fuel stor-
age tanks that may be leaking. A copy of "Leaking
Underground Storage Tanks Containing Motor Fuels:
A Chemical Advisory" can be reserved by calling or
writing the TAO. The advisory discusses the cause of
leaks, the cost of leaks, testing for leaks, monitoring
leak effects, tank repair or replacement, and insur-
ance.
An EPA regulation in effect since
May 27, 1982 (47 FR 23360) requires
that all schools inspect their build-
ings for friable materials, analyze
the friable materials for asbestos,
and notify employees and parents of
the presence of asbestos in the
material. This fact sheet highlights
the health effects of asbestos expo-
sure, requirements of the asbestos-
in-schools regulation, and the
options available for controlling
friable asbestos-containing mate-
rials that may be present in school
buildings. It also indicates how
school officials, parents and teach-
ers can obtain additional Informa-
tion on this problem.
Health effects Friable asbestos-containing
and exposure materials can release asbestos
fibers into the environment which
can be inhaled by persons in the
area. Potential health risks are sum-
marized below.
• Inhalation of airborne asbestos,
regardless of the amount, involves
some risk of cancer.
• Once asbestos is released into
the air, it may remain for an indef-
inite period of time. Therefore, it
is important that fibers not be
released.
• Exposed children and young
adults have a greater chance of
developing cancer than adults.
Smokers are also at a greater risk
than non-smokers.
• While airborne asbestos levels in
buildings where asbestos mate-
rials are present may be one hun-
dred times greater than outdoor
levels, these levels are signifi-
cantly less than workplace levels
where asbestos-related disease is
well documented.
• Maintenance workers conducting
renovation repairs in schools may
be exposed to asbestos levels as
high as those found in the asbes-
tos workplace.
• The potential for exposure to air-
borne asbestos-ln-schools and the
associated health risks cannot be
Ignored.
9
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On May 27, 1982, EPA issued the
final identification and notification
regulation (47 FR 23360) that
required all private and public
elementary and secondary schools
to meet several requirements con-
cerning asbestos materials by June
28, 1983. This regulation required:
• The inspection of all school
buildings for the presence of
friable materials, the sampling
and analysis of friable materials
to determine presence of asbes-
tos, and a recordkeeping program
to document all findings.
• If asbestos-containing materials
are found, several immediate actions
are required. Posted notices must
tell employees where asbestos-
containing materials have been
found, and guidance on reducing
asbestos exposure must be given to
maintenance and custodial employ-
ees. Parents or the Parent Teacher
Association must also be notified of
the results of the inspection.
Asbestos control If asbestos-containing materials
program have been found, local school offi-
cials must decide what actions to
take to minimize exposures. Decid-
ing how to control asbestos can be
difficult. EPA has distributed a
booklet entitled, "Guidance for Con-
trolling Friable Asbestos-Containing
Materials in Buildings," to help
schools make these decisions.
Measuring the amount of asbestos
in the air is not recommended for
determining the need for corrective
action. However, air monitoring
when combined with a thorough
visual inspection of the site, may
play a role in determining the suc-
cessful completion of asbestos
removal projects.
Asbestos control • Removal of all asbestos-contain-
altematives ing materials and installation of
replacement materials requires
several vital safety measures. It is
critical that the school district EPA Technical
superintendent ensure that Assistance
removal operations are carried out Program (TAP)
strictly, adhering to guidelines for
worker safety and the environ-
ment established by EPA and the
Federal Occupational Safety and
Health Administration (OSHA).
These guidelines will also protect
the rest of the building occupants
from exposure to asbestos during
and following the removal proc-
ess. The OSHA guideline is
included in material furnished by
EPA, see below.
EPA identification
and notification
regulation
• Encapsulation or enclosure of the
asbestos-containing materials are
options that minimize exposures
to the materials at lower initial
costs than removal. In some
cases removal of the encap-
sulated or enclosed asbestos-
containing material may be more
costly and difficult if the building
is ever renovated or demolished.
• Leaving the asbestos-containing
materials in place while minimiz-
ing their disturbance and provid-
ing for worker protection involves
measures such as requiring the
use of protective clothing and
equipment when coming in direct
contact with the material. This
alternative must be coupled with
periodic reassessment, and fur-
ther action could be needed in the
future.
The initial cost of each of these con-
trol options varies. EPA regulations
require that friable asbestos-contain-
ing materials be removed before a
building is demolished or renovated.
Therefore, the cost of removing
friable asbestos-containing mate-
rials must eventually be borne by ail
building owners. Special operations
and maintenance programs have the
least immediate costs. Removal
costs range approximately from $2
to $13 per square foot. Initial costs
associated with enclosure and
encapsulation are generally lower.
It is important to note that removal
of asbestos-containing materials is
not always the best approach. If
improperly performed, removal proj-
ects may result in much higher air-
borne levels of asbestos fibers that
would be expected if the materials
had been left in place and a manage-
ment program instituted. Therefore,
a building owner, using EPA guid-
ance and professional advice, must
carefully consider each abatement
option before deciding an appropri-
ate course of action.
EPA's Office of Toxic Substances
has established a TAP, which is
administered through 10 regional
offices to help school officials deal
with asbestos problems. Regional
asbestos coordinators are available
to provide technical assistance at
the local level. In addition, guidance
materials have been developed on
bulk sampling and analysis for
asbestos-containing materials and
for quality assurance programs. A
listing of qualified local laboratories
that do testing and analysis of mate-
rials for asbestos can also be
10
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obtained from any regional office or
by calling (800) 434-8571.
The TAO provides school officials,
teachers, parents and the general
public with a variety of information
on this subject. The Agency has
also done studies on airborne
asbestos levels in schools, exposure
assessment measures and control
techniques. These documents are
available through the TAO (800)
424-9005.
EPA Regional EPA Region I
Asbestos Asbestos Coordinator
Coordinators Air and Hazardous Material Division
JFK Federal Building
Boston, Massachusetts 02202
(617) 223-0585
EPA Region II
Asbestos Coordinator
Woodbridge Avenue
Edison, New Jersey 08837
(201) 321-6668
EPA Region III
Asbestos Coordinator
Curtis Building
6th and Walnut Street
Philadelphia, Pennsylvania 19106
(215) 597-9859
EPA Region IV
Asbestos Coordinator
345 Courtland Street NE
Atlanta, Georgia 30365
(404) 881-3864
EPA Region V
Asbestos Coordinator
230 S. Dearborne Street
Chicago, Illinois 60604
(312) 886-6003
EPA Region VI
Asbestos Coordinator
First International Building
1219 Elm Street
Dallas, Texas 73270
(214) 767-2739
EPA Region VII
Asbestos Coordinator
324 E. 11th Street
Room 1411
Kansas City, Missouri 64106
(816) 374-6538
EPA Region VIII
Asbestos Coordinator
1860 Lincoln Street
Denver, Colorado 80295
(303) 837-3926
EPA Region IX
Asbestos Coordinator
215 Fremont Street
San Francisco, California 94105
(415) 974-8137
EPA Region X
Asbestos Coordinator
1200 6th Avenue
Seattle, Washington 98101
(206) 442-2870
EPA Penalizes School Districts Violating Asbestos Rules
By October 1, 1984 EPA had assessed civil penalties
against 82 school systems for violating the TSCA Asbestos-
in-Schools rule.
Commenting on the penalties, Alvin Aim, EPA's Deputy Ad-
ministrator, said "This action . . . should send a clear and
unequivocal message to all school officials that we will not
tolerate continuing violations of EPA's asbestos rules.
These (TSCA) rules, designed to alert parents to any asbes-
tos danger faced by their children, were made effective, and
fully publicized in May 1982," Aim said. "Schools were
given over a year, until June 28, 1983, to come into com-
pliance. There is no excuse for further violations, and EPA
has no intention of letting this potentially hazardous situa-
tion continue."
In July 1984, EPA tightened its asbestos in schools enforce-
ment policy. Now EPA regional offices will issue a penalty
immediately upon finding serious violations in a school.
Previously, EPA regional offices issued a notice of noncom-
pliance giving Local Educational Agencies (LEAs) an oppor-
tunity to achieve compliance before assessing penalties.
EPA estimates that there are 37,000 LEAs in the United
States. LEAs cited, usually failed to inspect for friable (easi-
ly crumbled) asbestos, failed to maintain TSCA required in-
spection records at the school district's central administra-
tion office, or failed to post warning notices when friable
asbestos was found.
Monetary penalties are usually assessed against an LEA
found in violation. Under EPA's enforcement policy the pro-
posed penalty may be reduced if the violating LEA ends the
violation.
New Asbestos Abatement Law to Aid Some Schools
On August 10, 1984, the President signed the Asbestos
School Hazard Abatement Act of 1984. The law provides for
loans and grants to support the abatement of the most
serious asbestos problems in the Nation's schools. The Act
will be implemented with $50 million appropriated in the
1984 Supplemental Appropriations Act. Working on a short
statutory deadline, EPA must implement the loan and grant
program by preparing and disseminating an application
form, by establishing standards for contractors who per-
form asbestos abatement work, and by making available to
the public various technical Information. EPA intends to
Issue a Federal Register notice discussing its plans for Im-
plementing the Act. The Act authorizes $600 million for
loans and grants through fiscal year 1990. Congress must,
however, make further appropriations to make the full
amount available.
Booklet Outlines PMN Program
The Chemical Control Division of OTS is publishing
the first annual summary of actions taken under the
TSCA new chemicals program. The booklet dis-
cusses the formal and informal actions taken under
section 5 of TSCA, and PMN withdrawals. To reserve
a copy of "Chemical Control in the United States: Ac-
complishments under the Premanufacturing Notice
Management Program, call or write the TAO.
11
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OTS Seeks CHIP Data
OTS is asking the public for unpublished information about
the following chemicals:
Phenylethanol 60-12-8
Phenylethanol Acetate 103-45-7
Phthalimide 85-41-6
These chemicals have been selected for preliminary assess-
ment review. Information should be sent December 1,1984
to:
TSCA Document Control Office (TS-793)
ATTN: T. O'Bryan
Washington, D.C. 20460
Information received after December 1, 1984 may not be
received in time to be included in the review but will be con-
sidered during OTS discussions to decide an appropriate
course of action on the chemical substance(s) and append-
ed as necessary. All information submitted in response to
this solicitation will be placed in a public file and made
available for public inspection, unless a submitter is able to
assert a claim of confidentiality in accordance with the pro-
visions of section 14 of TSCA. EPA will handle all confiden-
tiality claims in accordance with its procedures governing
the confidentiality of business information.
Persons who have unpublished data about the chemicals,
but who also want answers to questions prior to responding
should contact John Leitzke of the OTS Chemical Screen-
ing Branch, (202) 382-3507, as soon as possible.
The OTS review of the chemicals when completed will be
in reports called Chemical Hazard Information Profiles
(CHIPs). A CHIP is a brief summary of readily available infor-
mation concerning the health and environmental effects
and potential exposure to a chemical. CHIP candidates are
chosen on the basis of information indicating a potential for
adverse health or environmental effects along with the evi-
dence of significant production or some type of exposure.
When OTS searches the literature in preparing a CHIP it
generally limits the search to automated data bases and
reference works. But OTS encourages individuals and firms
to submit unpublished or recently published reports and all
other hard-to-obtain studies on the chemical selected for a
CHIP. Relevant studies from the public could include data
on health effects, environmental effects, commercial pro-
duction and uses, exposed populations, environmental
levels, or any other material that can aid in the assessment
of the chemical's impact on health or the environment. OTS
is also interested in knowing of current testing of a CHIP
candidate or assessment activities by other organizations.
The TAO will notify individuals and organizations by letter
every time OTS starts a new CHIP. Persons who think they
can aid the CHIP information-gathering process will have
their names added to our contact list if they contact the
TAO.
The TAO is distributing copies of the following
recently completed CHIPs:
Alkylated phenol sulfides
Epoxy/chlorohydroxypropyltrimethylammonium
chloride
Methylene diphenyldiisocyanate
Sulfolane
Toluene Diisocyanate
OTS encourages comments on the accuracy and
thoroughness of information presented in the CHIPs.
TSCA Assistance Office (TS-799)
Office of Pesticide & Toxic Substances
U.S.E.P.A.
Washington, D.C. 20460
Official Business
Penalty for Private Use
$300
First Class Mail
Postage and Fees Paid
EPA
Permit No, G-35
THE TSCA CHEMICALS-IN-PROGRESS BULLETIN
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