[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Proposed Rules]
[Pages 7454-7455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4028]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 764

[OPPTS-62089A; FRL-5349-4]
RIN 2070-AC17


Re-opening of Rulemaking Record on Proposed Ban of Acrylamide and 
N-methylolacrylamide Grouts

Agency: Environmental Protection Agency (EPA).

Action: Re-opening of rulemaking record and request for comment.

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Summary: This Notice re-opens the rulemaking record for 30 days on the 
proposed rule banning acrylamide and NMA grouts. The rulemaking record 
is being re-opened in order to obtain data bearing on the durability of 
NMA grouts relative to acrylamide grouts.

Dates: Submitted data must be received on or before March 29, 1996.

ADDRESSES: Comments and data should be sent to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics, Rm. E-G99, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
The envelope should be marked attention: ``Grout Durability Data.''

For Further Information Contact: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-543, 401 
M St., SW., Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 
554-0551, e-mail: TSCA-H[email protected].

Supplementary Information: EPA proposed a rule in the Federal Register 
of October 2, 1991 (FR 56 49863), that would have ultimately banned all 
manufacture, importation, distribution and use of acrylamide and N-
methylolacrylamide (NMA) grouts. The public comment period closed in 
March of 1992, and a Public Hearing was held on March 2, 1992. The 
Agency is now considering dropping NMA from the regulation.
    Both acrylamide and NMA grouts are used mainly to prevent the 
infiltration of ground and surface water into sewer systems, in order 
to maintain the functional capacity of sewer water treatment works. The 
grouts are injected into joints, cracks and fissures in sewer lines and 
manholes. Following application, these grouts solidify into a stiff 
impervious gel. Sewer line sealing entails sealing main and lateral 
sewer line pipes and joints remotely using closed-circuit video 
cameras, an inflatable packer, and a grout delivery system. Manhole 
sealing is accomplished manually by a worker using a hand-held device 
to inject grouts into holes that have been drilled into the sides of 
manholes. Grouts have two additional minor uses: structural water 
control and geotechnical applications.
    Acrylamide grouts generally consist of a 19:1 mixture of acrylamide 
and a cross-linking agent. The grout is prepared by adding water and 
small amounts of other chemicals, including catalysts, activators or 
accelerators, and inhibitors. In gel form, the grout contains less than 
0.05 percent free acrylamide. These grouts were first introduced into 
U.S. commerce about 40 years ago, and quickly became popular because of 
their low cost and superior performance. Acrylamide grouts are first 
mixed into a solution formed by combining the grout with 
triethanolamine, an activator, and water. A separate solution of 
ammonium persulfate, an initiator, and water is also required. When the 
grout solution and the initiator solution are mixed together, they 
react to form a stiff polymerized gel.
    NMA grouts were explicitly developed as a substitute for the more 
hazardous acrylamide grouts, and have been in use for about 9 years. 
Commercial NMA is a chemical mixture consisting of about 90 percent N-
methylolacrylamide monomer and small amounts of acrylamide, 
formaldehyde, and methylene bisacrylamide. NMA grouts are mixed in the 
same way as acrylamide grouts, except that sodium persulfate is used as 
the initiator rather than ammonium persulfate. They are applied in the 
same manner as acrylamide grouts, using the same equipment for 
generally the same applications.
    Although the rule proposed in 1991 would have ultimately banned 
both acrylamide grouts and NMA grouts, the Agency is now leaning 
heavily toward dropping NMA from the rule because of: (1) NMA's lower 
toxicity relative to acrylamide; (2) a lowered estimate of the size of 
the population at risk; (3) NMA's efficacy as a substitute for 
acrylamide grouts; and (4) NMA's low cost relative to other potential 
substitutes. Based upon these four factors, EPA is re-considering its 
earlier conclusion that NMA grouts present an unreasonable risk. Of the 
four factors, the only one about which there may be some doubt is the 
third--the efficacy of NMA as a substitute for acrylamide. The only 
question in this regard, moreover, has to do with the relative 
durability of NMA--i.e., will joints, cracks, and other fissures sealed 
with NMA grouts remain sealed as long as those sealed with acrylamide 
grouts, all else being equal.
    Although the information presently available to the Agency suggests 
that the two grouts are equally durable, some have questioned whether 
this is the case. Specifically, the National Association of Sewer 
Service Companies (NASSCO) submitted two letters, dated August 15 and 
17, 1995, that they asserted call into question the relative durability 
of NMA grouts. Both submissions are being made a part of the rulemaking 
record, and are available for inspection in the public docket. At a 
subsequent meeting held with NASSCO on October 3, 1995, however, they 
agreed that the submitted data do not indicate that NMA grouts are less 
durable than acrylamide grouts. Although the NASSCO representatives 
then agreed to submit such data, none has been received to date. A 
summary of that meeting has also been placed into the public docket. In 
view of the foregoing, and in order to obtain the best information 
available on this specific issue, the Agency is re-opening the 
rulemaking record for 30 days, and requesting any empirical and 
reliable 

[[Page 7455]]
data anyone may have regarding the durability of NMA grouts relative to 
acrylamide grouts. Useful information, for this purpose, would include 
controlled experimental data that explicitly compare the potential 
longevity of NMA grouts to acrylamide grouts under verifiable and 
replicable conditions. Other data will be considered to the extent that 
they are reliable and permit direct comparison of the durability of 
acrylamide to NMA grouts. In contrast, anecdotal information regarding 
experiences with these grouts following application in sewers or 
manholes will generally not be useful. Such extraneous factors as the 
competence of the grouters, the quality of their equipment and grouting 
material, the conditions of the pipes being grouted, the nature of the 
surrounding soil, and the frequency and rigor of follow-up inspections 
shape these real world outcomes more than the particular grout used. In 
addition, such data cannot address the relative durability of the two 
grouts, since only one is generally applied in any given operation.
    Submitted information will be most useful if provided with 
sufficient documentation to ensure credibility. Such documentation 
would include:
    1. Copies of the original research.
    2. Quality assurance plans prepared for the research.
    3. Peer reviews conducted on the research.
    4. The statistical significance of the findings.
    5. Copies, or at least citations, of any research replicated by the 
submitted research.
    6. Statements regarding agreement or conflict with other research.
    7. Discussion of the practical significance of the findings.
    In addition, the Agency is interested in promotional material that 
sellers of acrylamide and NMA grouts (both importers and grouters) make 
available to purchasers in which the grouting properties of the 
chemicals are discussed, and annual sales volume data, in comparable 
units, for both acrylamide and NMA grouts since NMA was introduced onto 
the market. Sales information would be particularly helpful if broken 
down by use (i.e., sewer lines, manholes, etc.).
    EPA is re-opening the record to solicit information concerning the 
relative durability and efficacy of acrylamide and NMA because the 
Agency has received recent assertions that credible information 
relating to this subject exists, but has never been provided to the 
Agency. EPA has not received any suggestions that other new information 
exists that may materially affect some issue relevant to this 
rulemaking other than the relative durability of acrylamide and NMA. If 
any person has material information, which was not previously 
submitted, relating to any other issue relevant to the determination of 
whether acrylamide and/or NMA grouts present an unreasonable risk to 
health or the environment, that information may be submitted during the 
comment period. For example, any neurotoxicity information with regard 
to acrylamide and NMA. Such submissions should be accompanied by a 
brief cover letter explaining why the submitter considers the 
information relevant to this rulemaking and why the information was not 
submitted during the initial comment period. If significant new 
information on other issues is presented during the comment period, 
that information may be considered by the Agency in its preparation of 
a final rule. If any person believes it necessary to respond to any new 
information submitted during this comment period, a response to the new 
information may be submitted within 2 weeks of the close of the comment 
period.
    Anyone responding to this request for information may assert a 
claim of confidentiality for the information submitted. Any claim of 
confidentiality must accompany the information when it is submitted to 
EPA. Information claimed as confidential must be clearly marked with 
the statement ``Confidential,'' ``Trade Secret,'' or other appropriate 
designation. EPA will disclose information subject to a claim of 
confidentiality only to the extent permitted by TSCA section 14 and 40 
CFR part 2, subpart B. If a person does not assert a claim of 
confidentiality for information at the time it is submitted to EPA, EPA 
may make the information public without further notice to that person.

List of Subjects

    Environmental protection, Acrylamide and N-methylolacrylamide, 
Reporting and recordkeeping.

    Dated: February 13, 1996.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 96-4028 Filed 2-27-96; 8:45 am]
BILLING CODE 6560-50-F