V i V ¦ uvn Chemicals-in-Progress l U\ I Bulletin ijBarars csSCTl 1W 8: £9& ."JtiiA •a >•< • * v .'*J| t- •' V «¦ -M .:'V : '8' **' ¦MS «n| , JHM-! '•.II, :• lidWk.-.i-* 1% h Office of Toxic Substances (OTS) T'i, Vol. 9 No.1 January 1988 INSIDE What's Happening in OTS—By Charles L. Elkins 2 Asbestos Hazard Emergency Response Action—By Michael M. Stahl 3 FIELD TESTING OF MICROORGANISM UNDER TSCA BEGINS 2 TSCA ENFORCEMENT ACTIONS Company President Sentenced for PCB Disposal 4 Sheraton Corp. Fined $15,000 for PCB Violations 4 EPA Settles With Utility for PCB Violations 4 Hawaii Violated PCB Rule 6 Two Schools Fined for Asbestos-in-Schools Violations 4 ITC ADDS 6 CHEMICALS TO PRIORITY LIST 5 EPA PROPOSES CHANGES IN PCB TRANSFORMER FIRE RULE 5 AGENCY REQUIRES OLEYLAMINE TESTING * 5 2-ETHYLHEXANOL FINAL TEST RULE ISSUED 8 AGENCY PUBLISHES PROPOSED SNUR FOR CBE 6 FOR YOUR INFORMATION Asbestos Booklets 3 14 New FYls Available 7 OTS Receives 10 Substantial Risk Notices 7 Fish Toxicity Reports Available 6 Solvent Surveys Available 6 Clarification of TSCA Section 8(d) Submission Requirements 6 OECD Wforkshop: Cooperation on Existing Chemicals 2 TSCA Automated PMN Software Program 6 This news bulletin is intended to inform all persons concerned with the Toxic Substances Control Act (TSCA) about recent de- velopments and near-term plans. For further information or to re- quest copies of documents mentioned, write the TSCA Assist- ance Office (TAO), (TS-799) EPA, Washington, D.C. 20460, or call (202) 554-1404. ------- What's Happening in OTS—Charles L. Elkins Risk assessment and risk management of toxic substances are fields so new and so rapidly growing that it is vital to our success for Government scientists and regulators to communicate and consult with "outside" experts. As we enter a new year, I believe it is essential for The Office of Toxic Substances (OTS) to con- tinue and intensify our efforts to involve interested and affected constituencies in major new policies and risk management activities. There are a number of ways to encourage public involvement in OTS decisionmaking. One technique that worked well in developing the rule implementing the Asbestos Hazard Emergency Response Act (AHERA) was regulatory negotiation, or "Reg-neg." In situations in which the probability of consensus is high and all interested parties can be represented in a rela- tively small group, "Reg-neg" can be an effective tool for explor- ing and reaching agreement on important issues. The AHERA "Reg-neg" was successful not only because the federally char- tered group was able to agree on a proposed rule, which it then recommended to EPA, but also because it gave the various inter- ests represented an opportunity to hear and understand the views of others. Regulatory negotiation, if it results in a consensus produces a regulation which the Agency commits itself to propose. EPA issued a proposed AHERA rule on April 30, 1987 and solic- ited public comment. The Agency also held a public meeting to further insure that all interested parties had ample opportunity to present their views. The rule, with minor changes became final on October 22, 1987. OTS also encourages less formal collaborative efforts. Two other examples of very productive joint effort include: • the so-called "Generic SNUR," which is a proposed rule (April 29, 1987, 52 FR 15594) to establish an expedited process for followup on certain new chemical substances; and • the "uncontrolled" PCB Rule, (July 8, 1987, 52 FR 25838) that proposes several amendments to the 1984 regulation on "Uncontrolled PCBs." For other issues, different tech- niques for obtaining public input may be appropriate. For example, in carrying out our responsibilities under the Emergency Planning and Community Right-to-Know Act of 1986 (Title III of the Super- fund Amendments and Reauthor- ization Act), OTS has sought advice and comment from all interested parties on a number of difficult questions. They include: What kinds of information about routine releases of toxic chemi- cals should be reported? How should this information be made available to the public? How can we help prepare the public to receive and understand the data? To get answers to these ques- tions, we have held many public meetings; conducted a number of informal discussions with a broad range of constituencies; and provided opportunities for written comments and for peer review of several documents. In addition, OTS is taking the lead in developing a continuing process for encouraging communication among industry, environmental and public interest groups, state and community officials, EPA and others on issues related to Title III implemen- tation. This project, which we call "Common Ground,' will attempt to find areas of agreement among these constituencies on how to prepare the public to receive, understand and make use of Title III data. EPA Administrator Lee Thomas has repeatedly stressed the need for the Agency to remain open and accessible to members of the public representing different points of view, and to involve as well as inform the public as we make decisions. OTS will aggressively pursue this "fish bowl" policy in 1988, and we wel- come your interest and participation. OECD Workshop on Cooperation on Existing Chemicals The Organization for Economic Cooperation and Development (OECD) met in Ottawa, Canada during November 1987. Work- shop participants agreed to a proposal which would establish an international framework for the systematic investigation of exist- ing chemicals. In addition, participants came to agreements in principle to pursue specific multinational activities on 12 chemi- cals. Different countries agreed to serve as clearinghouses for the 12 chemicals or chemical groups of concern [see list below). As a result of pre-workshop exchange of information from OECD member countries, a computerized database was developed. The database, known as EXICHEM, consists of data on existing chemicals submitted by member countries. According to the pro- posal, EXICHEM will become the heart of the framework and will be refined and updated on an annual basis. The database will be used to identify overlaps of ongoing or planned activities in member countries on specific chemicals. National lists of priority chemicals would also be used to identify opportunities for coop- erative work. OECD Chemical of Concern 1. Zinc 2. Pentachloroethane 3. 2,4- and 2,6-dinitrotoluene Lead Country Netherlands USA FRG 4. Tributyl tin compounds 5. Hexachloroethane 6. Chlorobenzenes, mono to penta- 7. Ammonia 8. Acrolein 9. 1,1,2-trichloroethane 10. 1,1,1-trichloroethane 11. Tetrabromobisphenol 12. Nitrobenzene France FRG Canada UK Sweden USA Denmark USA Japan Field Test of Microorganism Under TSCA Begins On October 19, 1987, the first field test of a recombinant-DNA microorganism under TSCA was approved by Dr. John A. Moore, EPA's Assistant Administrator for Pesticides and Toxic Sub- stances. In early November 1987, Monsanto Agricultural Co. began a field test of Pseudomonas aureofaciens, a genetically engineered fluorescent pseudomonad, which will be used to track engineered organisms in the environment. The field test, executed in conjunction with Clemson University, is located at the university's Edisto Research and Education Center, in Black- ville, S.C. 2 ------- Asbestos Hazard Emergency Response Action—By Michael M. Stahl On October 22, 1986, when President Reagan signed into law the Asbestos Hazard Emergency Response Act (AHERA), EPA had 180 days, until April 20, 1987, to propose rules, and until October 17, 1987 to promulgate final rules. We had our work cut out for us so we had to move quickly to meet these deadlines. We decided to use an innovative approach—negotiated rulemak- ing—to develop the proposed rules required by AHERA. When EPA uses negotiated rulemaking to develop a proposed rule, representatives of groups affected by the rulemaking serve on a panel convened by EPA. The representatives work together to reach consensus on the requirements of the proposed rule. For the AHERA rule dealing with asbestos-in-schools, represent- atives from unions, asbestos product manufacturers, schools, education groups, States and EPA participated in the process. Along with Susan Vogt, Deputy Director of EPA's Office of Toxic Substances, I was one of the Agency's chief negotiators. The 2-monnthnnnegotiation process wastimeconsuming and occasion- ally frustrating, but ultimately very satisfying. Despite a very short deadline, the negotiating panel succeeded in fulfilling its mission by developing a proposed rule within the timeframe established by Congress. The negotiating panel and EPA's staff did this only by working long hours and weekends to bring the project to completion. The opportunity to work in a cooperative fashion with a variety of affected groups in negotiating the proposed rule stands out as one of the most rewarding projects I have been involved with at EPA. The final rule changed very little from the proposed rule. Key requirements of the rule include: 1) accredited inspectors to visually inspect schools for asbestos-containing material (ACM); 2) reinspection of ACM by an accredited inspector every three years, and periodic surveillance every six months of ACM; 3) management plans be developed by local education agency (LEA) by accredited planners for each school under their administrative control; 4) response actions be selected and implemented by each LEA to address ACM as assessed by the accredited inspector; and 5) the use of accredited persons to conduct inspections, pre- pare management plans for schools and carry out response actions with respect to ACM in schools. Manage- ment plans must be submitted to State governors. $5 Million Asbestos Inspection and Management Plan Assist- ance Program To ease the burden on the schools of the new AHERA regula- Asbestos Booklets Available The TAO again has on hand three popular asbestos booklets that are produced by the Office of Toxic Substances: • Asbestos in Buildings: Guidance for Service and Maintenance Personnel The asbestos information in this pocket size booklet should be known to all maintenance personnel. A Spanish language version is also available. • Asbestos in Buildings: Simplified Sampling Scheme for Fri- able Surfacing Materials tions the Agency developed the Asbestos Inspection and Man- agement Plan Assistance Program (AIMPAP) to make available to States $5 million to assist LEAs with the cost of conducting inspections and developing management plans using accredited inspectors and planners. In October 1987, AIMPAP grants (ranging from $100,000 to $500,000 per State) were awarded to 12 States. The recipients may use the grant funds to: 1) pay LEAs directly to offset the costs they incur for hiring accredited inspectors; 2) pay LEAs directly to offset the costs they incur for hiring accredited management plan developers; 3) purchase the services of accredited persons who will per- form inspections or develop management plans for schools; and 4) pay State employees (who are accredited inspectors) to perform inspections in schools. Congress has appropriated funds to be used in fiscial 1988 for these activities. States will soon receive application procedures for the 1988 funds from EPA. Inspector and Management Planner Accreditation Seventeen cooperative agreements totaling $1.1 million were awarded to 17 States to support development and implementa- tion of training courses to accredit asbestos inspectors and those developing management plans. The recipient States may use the Federal financial assistance to support training delivered directly by State employees, universities, or individuals approved to teach courses. The Model Accreditation Plan, finalized in April 1987, is available and offers a model course which States may use as a prototype in developing their own training course. In conjunction with the announcement of the AHERA final rules, EPA published a list of approved courses for accreditation of inspectors and management planners. The list identifies course locations across the United States. The courses are intended to certify asbestos abatement workers, contractors, inspectors, and management planners. In the year to come, OTS, in support of AHERA activities, will provide a teleconference for school offi- cials, conduct seminars for the State officials responsible for management plan review, conduct compliance assistance visits to schools, continue to develop and approve training courses, and develop a guidance document outlining LEA responsibilities under AHERA. Describes a procedure for sampling friable sprayed or troweled-on materials on ceilings, walls and other surfaces. • Measuring Airborne Asbestos Following An Abatement Action: The guidance offered here addresses the question of how to determine when an asbestos abatement work site has been sufficiently cleaned. The question is set within the larger framework of determining when the abatement work is com- pleted and when to release the contractor, but it focuses on the use of air sampling and analysis to determine work-site cleanliness. 3 ------- Company President Sentenced For PCB Disposal On Sept. 25, 1987, Arthur W. Paciesas was found guilty in the Federal district court in Cincinnati of unlawfully disposing of PCB-contaminated oil in that city. The oil had polychlorinated biphenyl (PCB) concentrations of 50 parts per million or greater, which means it could only have been disposed of in an EPA- approved incinerator, or in an EPA-approved PCB chemical land- fill. •The conviction of Paciesas should serve as an example to oth- ers who violate Federal regulations by illegally disposing of PCBs." said Louis M. Halkias, special agent in charge of EPA's region 5, Office of Criminal Investigations. "This type of prosecu- tion was possible due to the strong commitment of region 5 not only to regulate the proper handling and disposal of PCBs, but also to pursue aggressively those individuals who knowingly endanger public health," said Halkias, in Chicago. Paciesas, president of Sea Bright Environmental Co., Inc., of Cincinnati, who pleaded guilty to one count of illegal disposal of PCBs received two years of probation. He is required to perform 100 hours of community service and is required to enroll in an alcoholic treatment center. In 1979, under TSCA, EPA banned the manufacture and dis- tribution of PCBs, but allowed continued use of PCB fluids in electrical transformers and capacitors as long as Federal regula- tions were followed. PCBs belong to a broad family of organic chemicals known as chlorinated hydrocarbons. They are toxic, extremely stable, and have been widely used in hydraulic systems, heat transfer sys- tems, and as insulating fluid in electrical equipment. PCBs may enter the body through the lungs, the gastrointestinal tract and the skin. After absorption, PCBs are circulated in the blood throughout the body and are stored in fatty tissues and in a vari- ety of organs, including the liver, kidneys, lungs, adrenal glands, brain, heart and skin. Sheraton Fined $15,000 For PCB Violations Sheraton Corporation has agreed to pay $15,000 as part of a consent agreement for violating TSCAs PCB rule at its facility in Honolulu. On June 30, 1987, EPA's region 9 issued an administrative civil complaint against the corporation for violations of the PCB rule. The violations included failure to maintain inspection records for PCB transformers currently in use, improper disposal of PCBs and failure to maintain annual documents regarding the disposal of PCBs and PCB items. The consent agreement and final order requires Sheraton to come into compliance with the PCB rule. The corporation has agreed to accelerate the removal of PCB transformers at its Honolulu facility. EPA Settles With Utility For PCB Violations EPA announced an agreement with Sierra Pacific Power Com- pany for violations of TSCAs PCB Rule at the company's facili- ties in the Reno, Nevada and Lake Tahoe, California areas. In the consent agreement and final order, Sierra Pacific agreed to pay a penalty of $23,000. On March 13, 1987, EPA issued an administrative civil complaint against Sierra Pacific for violations of the PCB rule. These viola- tions included failure to properly mark PCB transformers and other PCB items, failure to store PCBs for disposal in a proper facility, improper use of PCB transformers and improper disposal of PCBs. The consent agreement and final order requires the company to come into compliance with the PCB rule. Addi- tionally, Sierra Pacific has agreed to implement new policies which would further reduce the risks associated with PCB equip- ment. The company has also agreed to "use its best efforts" to expend $200,000 for the accelerated removal of PCB trans- formers which could legally remain in service. IVvo Schools Fined for Asbestos-in-Schools Violations Arizona On October 16,1987, EPA announced an agreement with Phoe- nix Christian High School in Phoenix, Arizona, for violation of the TSCA Asbestos-in-Schools Rule. "On August 1 1, 1987 EPA region 9 issued an administrative complaint against Phoenix Christian High School for violating the Asbestos-ln-Schools Rule," said Judith E. Ayres, Regional Administrator of U.S. EPA region 9. "The purpose of this pro- gram has been to ensure that public health is protected and that our children are not threatened by exposure to friable asbestos materials. I am pleased that we have reached an agreement with Phoenix Christian High School and that the school intends to correct all violations cited in the complaint." The school has agreed to pay a fine of $300 and will provide documentation to EPA certifying that recordkeeping and notifica- tion violations have been corrected. The district further certified that it will remove all of its asbestos at a cost of approximately $13,000. California On October 16, 1987 EPA announced an agreement with the Crossroads School of Santa Monica, California for violations of TSCAs Asbestos-ln-Schools Rule. "On March 25, 1987, EPA, region 9, issued an administrative complaint against the Crossroads School for violating the Asbestos-ln-Schools Rule," said Judith E. Ayres, Regional Administrator of U.S. EPA, region 9. "The purpose of this pro- gram has been to ensure that public health is protected and that our children are not threatened by exposure to friable asbestos materials. I am pleased that we have reached an agreement with the Crossroads School and that the school intends to correct all violations cited in the complaint." The school has agreed to pay a fine of $300 and has provided documentation to EPA certifying that record keeping and notifica- tion violations have been corrected. The district further certified that it shall remove all of its friable asbestos at their elementary school at a cost of approximately $40,000. The Asbestos-ln-Schools Rule does not require schools to abate its asbestos-containing materials but EPA encourages schools to do so when this action is appropriate. 4 ------- ITC Adds 6 Chemicals to Priority List In its recently released 21st report to the EPA Administrator, the Interagency Testing Committee (ITC) added six aminoanthra- quinone dyes to the list of chemicals to be given priority consid- eration by EPA. Genotoxicity testing but no chemical fate or ecological effects testing is recommended by the ITC for each of the six dyes. The dyes and their Chemical Abstracts Service (CAS) numbers are: Acid Blue 401 Acid form of Acid Blue 402 Acid Blue 453 Acid form of Acid Blue 454 Disperse Blue 565 Disperse Red 606 CA Index Names (9CI) (CAS No. 6424-85-7) (CAS No. 6247-34-3) (CAS No. 2861-02-1) (CAS No. 128-86-9) (CAS No. 12217-79-7) (CAS No. 17418-58-5) 1. 2-Anthracenesulfonic acid, 4-((4-(acetylamino)phenyl) amino]-1 -amino-9,10-dihydro-9,10-dioxo-, monosodium salt 2. 2-Anthracenesulfonic acid, 4-[(4-(acetylamino)phenyl) amino]-1-amino-9,10-dihydro-9,10-dioxo- 3. 2,6-Anthracenedisulfonic acid, 4,8-diamino-9,10-dihydro- 1,5-dihydroxy-9,10-dioxo-, disodium salt 4. 2,6-Anthacenedisulfonic acid, 4,8-diamino-9,10-dihydro- 1,5-dihydroxy-9,10-dioxo- 5. 9,10-Anthracenedione, l,5-diaminochloro-4,8-dihydroxy- 6. 9,10-Anthracenedione, 1 -amino-4-hydroxy-2-phenoxy- For additional information about the ITC and section 4 of TSCA see page 8 of this Bulletin. The TSCA Section 4(e) Priority List November 1987 Chemical/Group of Chemicals Do = Ditto Month of ITC Designation Designated for response within 12 months 1 Tributyl phosphate 2 Isopropanol 3 Methyl tert-butyl ether Recommended with intent-to-designate 1 Ethylbenzene 1 2 3 4 Recommended but not designated for response within 12 months Diisodecyl phenyl phosphite C.I. Disperse Blue 79 Methyl ethyl ketoxime Acetamide, A/-[5-bis[2-(acetyloxy) ethyl]aminoJ-2-[(2-bromo-4,6- dinitrophenyl)azo]-4-methoxy phenylj- Acetamide, W-bis[2-(acetyloxy) ethy!)amino]-2-[(2-chloro-4,6-din- itrophenyl)azo]-4-methoxy phenyl]- Acetamide, A/-[5-bis[2- (acetyloxy)ethyl]amino]-2-{2-chloro-4,6- dinitrophenyljazo-4-ethoxy phenyl]- Acid Blue 40 2-Anthracenesulfonic acid, 4-[(4-(acetyl- amino)phenyl)amino]-1 -amino-9,10- dihydro-9,10-dioxo- Acid Blue 45 2,6-Anthracenedisulfonic acid, 4,8- diamino-9,10-dihydro-l,5-dihydroxy-9,l0- dioxo- Disperse Blue 56 Disperse Red 60 7 8 9 10 11 12 11/86 5/87 Do 5/87 11/85 11/86 Do 5/87 Do Do 11/87 Do Do Do Do EPA Proposes Changes In PCB Transformer Fire Rule On August 21, 1987 (52 FR 31738) EPA proposed to amend its July 17, 1985 (50 FR 29170) polychlorinated biphenyls (PCB) Transformer Fires Rule. The 1985 rule required measures to reduce and eliminate the fire-related risks posed by the use of electrical transformers containing 500 parts per million (ppm) or greater PCBs. Electrical transformers containing 500 ppm or greater PCBs are called PCB Transformers. The proposal would amend the 1985 PCB Transformer Fires Rule by adding provisions and modifications to the rule. These provisions and modifications include: (1) phasing out the use, as of October 1, 1993, of all low secondary voltage network PCB Transformers located in sidewalk vaults; (2) Allowing the installation of PCB Transformers, in or near a commercial build- ing, only in emergency situations; (3) Allowing the use of non- sidewalk vault low secondary voltage network PCB Trans- formers in or near commercial buildings without enhanced electrical protection only until October 1, 1993, provided EPA is notified as of October 1, 1990; (4) Allowing the installation of retrofilled PCB Transformers for reclassification purposes; and (5) Allowing the limited use of an alternative label on the exte- rior of PCB Transformer locations provided certain conditions are met. After promulgation of the 1985 final PCB Transformer Fires Rule, the Mississippi Power Company filed a petition for judicial review under TSCA. The Mississippi Power Company, along with intervenor National Electrical Manufacturer's Association, and utility intervenors (as a class) entered into settlement nego- tiations with EPA. During these settlement negotiations a settle- ment agreement was drafted outlining proposed amendments to the PCB Transformer Fires Rule. EPA Requires Oleylamlne Testing EPA issued a final TSCA rule on August 24, 1987 that requires manufacturers and processors of oleylamine to test the chemi- cal for potential health effects (52 FR 31962). The rule requires an oral developmental toxicity study, and two- tiered mutagenicity testing. EPA also will review data to deter- mine whether third-tier mutagenicity and oncogenicity testing will be needed. In a related action, EPA proposed that the TSCA test guidelines be used as the standards for oleylamine testing. This proposed rule also was published on August 24, 1987 (52 FR 31970). A major use of oleylamine where human exposure is likely to occur is as an additive to petroleum lubricants or as an inter- mediate in manufacture of these additives. The chemical also Is used as a collector agent in ore flotation, in asphalt preparation, in a concrete mold release agent and in the manufacture of paper, paperboard and glues. 5 ------- Fish Toxicity Reports Available FPA is distributing, with the cooperation of the U.S. Fish and Wildlife Service, a document containing previously unpublished data on the toxicity of a large number of organic chemicals to fish. A new preface to this document, prepared by Dr. Robert Lipnick, of OTS, reviews the use of these data in the develop- ment of structure-activity relationships now being employed in the premanufacture review process of TSCA. Part 1 of the document, a 1953 report, contains data on more than 3,400 chemicals tested for 24 hours using four species of fish. The most toxic chemicals were studied further at 1.0, 0.1, and 0.01 mg/L screening levels. The same toxicity test protocols were employed in a 1954 study, which is part 2 of the document. Both studies were conducted by the Fish and Wildlife Service at its Kearneyville, West Virginia facilities. Part 1 also contains a 133-reference bibliography of the pre-1953 fish toxicity literature. The TAO has a limited number of the more than 250-page docu- ment, "The Toxicity of 3,400 Chemicals to Fish" and "The Tox- icity of 1085 Chemicals to Fish." When the supply is exhausted the reports can be bought from the U.S. Department of Com- merce's National Technical Information Service. Solvent Surveys Available OTS now has available for distribution two surveys on chlorinated solvents in household products. Household Solvent Products: A "Shelf" Survey With Laboratory Analysis gives the analytical results of approximately 1,200 household products tested for any of the following six solvents-, methylene chloride, perchlorethylene, trichloroethane, trichlorotrifluroethane, and car- bon tetrachloride. The laboratory analysis was conducted on household and automotive cleaning, painting, and lubricating products purchased nationally during the summer of 1985. Household Solvent Products: A National Usage Survey provides statistics on the frequency and duration of consumer use of these products, as well as user characteristics and brand prefer- ences. Both surveys are available through the TSCA Assistance Office. Clarification of TSCA Section 8(d) Submission Requirements On November 20, 1987 (52 FR 44826) EPA made a tech- nical amendment to the TSCA section 8(d) model rule submission requirements to clarify how studies should be submitted. EPA issued the clarification because many section 8(d) studies have been submitted without clearly identifying to which chemical they apply. Under this amendment to 40 CFR §§ 716.30(b) and 716.35(b), all section 8(d) submissions must be identified either on the face of the study or otherwise by the applicable chemical name and Chemical Abstracts Service Registry Number (CAS Number), if any, identified in § 716.120(a)(1) and (2). This indexing or identification could be done in three ways. First, the cover letter which is required under §§ 716.30(b) and 716.35(b) could clearly index each study by CAS Number and chemical name. Second, a separate attachment could be included in the submission which identifies each of the studies by chemical name and CAS Number. Finally, each individual study could include the CAS Number and chemical name on its first page or on a cover page. While other means of com- pliance may be available, the Agency is most concerned that the chemical name and CAS Number associated with each study be easily ascertainable from the study, the cover letter, or an attachment. TSCA Automated PMN Software Program A unit within OTS, the Information Management Division, has completed revisions on a computer software program which facilitates the preparation of the TSCA section 5 Premanufacture Notification (PMN) form. The software prototype includes the programs needed to automate completion of the PMN submis- sion. The program is written in Microsoft BASICA. It will operate on the IBM personal computer (PC), the COMPAQ PC, and other IBM PC compatibles, using MS-DOS operating system and BASICA. The primary objective of the program is to facilitate easy preparation of the PMN form. The program displays instructions for preparing the submission and for providing responses for each individual block on the form. When the form is completed, companies may print out both confidential and non-confidential copies of the PMN sub- mission on a blank sheet of paper, overlay it with the appropriate transparency, and copy the material. Both copies of the PMN submission must be submitted to EPA as indicated in the May 13, 1983 notice (48 FR 21722) which details the statutory requirements for section 5(a)(1) PMNs. At this time, only paper copies of the PMN submission are acceptable to EPA. The floppy diskette containing the responses should not be submitted to EPA. For more information contact Ms. Eyvone Petty of the Con- fidential Data Branch (TS-793) on 202-475-7444. Copies of the diskette, manual, and transparencies are available in limited quantities from the TSCA Assistance Office at 202-554-1404. CBE Proposed SNUR Published On September 4, 1987, EPA published a proposed significant new use rule (SNUR) for 1 -chloro-2-bromoethane (CBE) (52 FR 33606). The Agency believes the substance may be hazardous to human health and/or the environment and that any use of the substance may result in significant human or environmental exposure. The proposed SNUR would require persons who manufacture, import, or process CBE for any use to notify EPA at least 90 days before beginning the activity. The required notice would provide EPA with the opportunity to evaluate the intended use and, if necessary, prohibit or limit the activity before it occurs. Hawaii Violated PCB Rule On October 9, 1987, EPA announced an agreement with the State of Hawaii for violations of the TSCA's PCB Rule at the Waiawa Correctional Facility in Waipahu, Hawaii. In the consent agreement and final order, the State of Hawaii agreed to pay a penalty of $8,925. On March 4, 1987, EPA issued an administrative civil complain against the Waiawa Correctional Facility for violations of the PCB rule. These violations included failure to maintain inspection rec- ords for PCB transformers in use, failure to register its PCB transformers with appropriate fire response personnel, improper storage of PCB-contaminated transformers and improper dis- posal of PCBs. The consent agreement and final order requires the facility to come into compliance with the PCB rule. Addi- tionally, the facility has assisted in accelerating the removal of all PCB transformers and associated switches at the Waiawa facility which could legally remain in service. This removal will be over- seen by the U.S. Army Corps of Engineers. The facility was orig- inally owned by the Department of Defense and maintained by U.S. Army Support Command, Hawaii. The property was trans- ferred from the United States government to the State of Hawaii, Department of Social Services and Housing in 1985. 6 ------- Latest FYI Submissions In recent weeks, EPA received 16 initial FYI (For Your tion) submissions. For additional information on F s, s 8, of this bulletin. Log No. FYI- Chemical Name Pages* CAS No QTS-0787-0559 2 632~79~1 Tetrabromophthalic anhydride unknown Ethylenebistetrabromophthalic imide „rnhie>ms Report of 2 worker complaints concerning respiratory prom OTS-0787-0560 62 540-84~1 2,2,4-Trimethylpentane 629—14—1 Ethylene glycol dimethyl ether onpsis Draft report from an in vitro mouse lymphoma mu assay OTS-0787-0561 12 l23-01-3 study in hairless mice. 20 unknown 19 unknown 67-68-5 AX-0887-0562 Petroleum distillate, C9 fraction reproduction Preliminary report on a range-finding mhalafton repro toxicity study in rats AX-0887-G563 Petroleum distillate, C9 fraction Dimethyl sulfoxide measuring sister Draft report on an in vitro cytogenetic ass; y (ef Qvary chromatid exchange frequencies in C (CHO) cells AX-0867-0564 Octane Draft 667-0564 55 111-65-9 report on an in vitro mouse lymphoma mutagenes' OTS-0887-0565 S 14 unknown Polymer/solvent , ¦ itv stucjy in rats Summarized results of an acute inhalation to OTS-0887-0566 64 95-48-7 Ortho-cresol 108-39-4 Meta-cresol 106-44-5 Para-cresol , „ „aliane to New Draft report on a dose range-finding study Y 9 Zealand White rabbits OTS-0887-0567 s 1 confidential PMN Chemical . . , nW/i synthesis Summarized final results from an Unsche u chromosome Assay, a CHO-HGPRT Mutation Assay, and a onru Aberration Assay OTS-O887-0568 41 75-09-2 Methylene chloride inHiratina excess Final results from an epidemiology study employees, breast and gynecological cancers among female employ OTS-0887-0569 6 ,11-96-6 Methylene glycol dimethyl ether Notice of Material Safety Data Sheet changes OTS-0887-0570 7 unkn0wn Diphenyl methylene diisocyanate 26471-^2-5 ~t£X2SZ. -*—«rSTJUST nary functions among polyurethane flexible AX-0887-0571 19 Petroleum hydrocarbons unknown Draft report on an in vitro sister chromatid exchange assay in Chinese Hamster Ovary (CHO) cells OT S-0887-0572 >1,000 UV stabilizers unknown Chimassorb 944 none Tinuvin P 2440-22-4 Tinuvin 326 3896-11-5 Full final reports from a variety o1 toxicological studies, exposure data, and health and safety information Section 8(e)... Substantial Risk Below is a list of 10 initiaf TSCA Section 8(e) notices recently placed in EPA's public files. For an explanation of Section 8(e) and how copies of the notices can be obtained, please see page 8 of this Bulletin. Pages* CAS No- Log No. 8EHQ 0787-0684 S a Proprietary mixture of siloxane poly- mers, other organic substances and a metal salt Confidential Preliminary results from a surgical implantation study in rats 0787-0685 152 Pentaerythritol tetraglycidyl ether 3126-63-4 Final reports from several in vitro genotoxicity studies 0787-0686 S 461 Modified alkyl phenol Confidential Final report from a 2d-day oral gavage study in rats 0887-0687 4 Hydrodesulfurized heavy vacuum gas oil 64742-86—5 Preliminary results from a chronic skin-painting study in mice 0887-0688 2 Muriatic acid production process Preliminary findings from an epidemiologic study in workers 24 0887-0689 Isoprene Chloroprene Finai report of a genotoxicity study in mice 78-79-5 126-99-8 0897-OB90 N-Phenyl maleimide 941-69-5 Preliminary report of a sensitization study in guinea pigs 0887-0691 S 3 Petroleum process streams Preliminary results of chronic skin-painting study in mice o 0987-0692 Alkali metal carboxylate Confidential Preliminary results of chronic exposure studies in mice and rats 0987-0693 130 Tetraethylene glycol 112-60-7 Final reports from in vitro and in vivo genotoxicity studies "S" loftowi-„ •Page count as o( the publication date. New data are constantly being added to EfWs Section 8(e) files. The page total at the time oi request may exceed the 125-page cut- off and a photocopying charge must be made. For further infocmaiion on obtaining TSCA Section 8(e) submissions, please see page 8 of this issue. ------- 2-Ethylhexanol Final Test Rule Issued A final test rule requiring manufacturers and processors of 2-ethylhexanol to conduct a two-year oncogenicity bioassay was published in the Federal Register on August 3, 1987 (52 FR 28698) and became effective on September 16, 1987. The rule requires bioassays in rats and mice. Results will be used to determine whether 2-ethylhexanol poses an unreason- able cancer risk to humans. The chemical is used as an inter- mediate in the manufacture of other chemicals. Substantial Risk ... Section 8(e) Under section 8(e), persons who obtain new information that reasonably supports the conclusion that a substance or mixture which they manufacture, import, process or distribute presents substantial risk or injury to human health or the environment, must notify EPA with 15 working days. These notices are then reviewed by the Office of Toxic Substances (OTS) and an initial evaluation (status report) is prepared containing, if appropriate, 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 situation and a judgment in compliance with the statute to submit a notice within 15 work- ing days of obtaining the information. EPA publishes its status reports to make 8(e) information widely available and understandable to a broad public. The submis- sions and status reports are located in the OTS Public Reading Room, first floor, East Tower, Waterside Mall, 401 M Street, S.W., Washington, D.C. For Your Information (FYI) For Your Information (FYI) submissions are submitted voluntarily to the Agency or to the Office of Toxic Substances (OTS) on chemical toxicity and/or exposure. FYls are submitted by chemi- cal manufacturers, processors and distributors, trade associa- tions, labor organizations, Federal, State or local agencies, for- eign governments, academia, public interest and environmental groups, as well as by the general public. Microfiche copies of these submissions are located in the OTS Public Reading Room, ground floor, Northeast section, Waterside Mall, 401 M Street, S.W., Washington, D.C. To obtain a copy of an FYI, follow the procedure outlined under section 8(e) Substantial Risk just above. Persons wishing to obtain a copy of a section 8(e) notice may write: EPA, Freedom of Information, Ms. Jeralene Green (A-101), Washington, D.C. 20460. There is no charge for duplicating the first 124 pages, but at page 125 of a request for duplication there is a $25.00 fee and a 20 cent charge for each additional page (e.g., 126 pages will cost $25.20). Single copies of the section 8(e) status reports (not the full sub- missions) are available from the TAO. Testing of Chemical Substances and Mixtures... Section 4 Section 4 of TSCA gives EPA authority to require manufacturers or processors of chemicals to test the toxic effects of a desig- nated substance. To require testing, EPA must find that the chemical may present an unreasonable risk; that there are insuf- ficient data available with which to perform a reasoned risk as- sessment; and that testing is necessary to generate such data. A test rule may also be based on an EPA finding of substantial pro- duction and exposure to humans or the environment, in addition to findings of insufficient data and need for testing. Under section 4(e) an Interagency Testing Committee (ITC) was established to recommend chemicals to EPA for priority consid- eration for the promulgation of section 4 test rules. The ITC can designate up to 50 chemicals or categories of chemicals for test- ing and must make revisions to this section 4 priority list as needed. In turn, EPA must respond within one year after the ITC adds a substance to the priority list by starting rulemaking under section 4 or giving reason tor not doing so. TSCA Assistance Office (TS-799) Office of Pesticides & Toxic Substances U.S.E.P.A. Washington, D.C. 20460. Official BuiIimu Penalty tor Private Um $300 Flrat Clait Mall Poilag* and Fhi Paid EPA Pwmlt No. G-35 THE TSCA CHEMICALS-IN-PROGRESS BULLETIN ------- |