[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54508-54543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27261]



[[Page 54507]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 112



Oil Pollution Prevention; Non-Transportation Related Onshore 
Facilities; Rule

Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / 
Rules and Regulations

[[Page 54508]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 112

[FRL-5909-5]


Oil Pollution Prevention; Non-Transportation Related Onshore 
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Denial of petition requesting amendment of the Facility 
Response Plan rule.

-----------------------------------------------------------------------

SUMMARY: EPA is denying the request submitted by various trade 
associations to amend the Facility Response Plan (FRP) rule that the 
Agency promulgated under section 311(j) of the Clean Water Act (CWA), 
as amended by the Oil Pollution Act (OPA) of 1990. These organizations 
had requested that EPA modify the FRP rule in a number of ways to treat 
facilities that handle, store, or transport animal fats and vegetable 
oils in a manner differently from those facilities that store 
petroleum-based oils. EPA believes that the petition did not 
substantiate the claimed differences between animal fats and vegetable 
oils and petroleum oils so as to support a further differentiation 
between these groups of oils under the FRP rule. Instead, EPA continues 
to find that a worst case discharge or substantial threat of discharge 
of animal fats and/or vegetable oils to navigable waters, adjoining 
shorelines, or the exclusive economic zone could reasonably be expected 
to cause substantial harm to the environment, including wildlife that 
may be killed by the discharge of fats or vegetable oils. Moreover, EPA 
believes that in setting different response strategies for petroleum 
and non-petroleum oils, (with animal fat and vegetable oils in the 
latter category), the FRP rule already provides for adequate 
differentiation in response planning requirements for all covered 
facilities.

ADDRESSES: The official record for this decision is located in the 
Superfund Docket, at the U.S. Environmental Protection Agency, [Docket 
Number SPCC-3]. The docket is available for inspection between 9 a.m. 
and 4 p.m., Monday through Friday, excluding Federal holidays, at US 
EPA Crystal Gateway 1 (CG1), 1235 Jefferson Davis Highway, Arlington, 
VA 22202. Appointments to review the docket can be made by calling 703-
603-8917. The public may copy a maximum of 266 pages from any 
regulatory docket at no cost. If the number of pages copied exceeds 
266, however, a charge of 15 cents will be incurred for each additional 
page, plus a $25.00 administrative fee.

FOR FURTHER INFORMATION CONTACT: Bobbie Lively-Diebold, Oil Pollution 
Center, Office of Emergency and Remedial Response (5203G), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 at 703-356-8774 (<a href="/cdn-cgi/l/email-protection#bbd7d2cdded7c295d9dac9d9dac9dafbdecbdad6dad2d795decbda95dcd4cd"><span class="__cf_email__" data-cfemail="4e2227382b2237602c2f3c2c2f3c2f0e2b3e2f232f2722602b3e2f60292138">[email protected]</span></a>); or the RCRA/
Superfund Hotline at 800-424-9346 (in the Washington, DC metropolitan 
area, 703-412-9810). The Telecommunications Device for the Deaf (TDD) 
Hotline number is 800-553-7672 (in the Washington, DC metropolitan 
area, 703-412-3323).

SUPPLEMENTARY INFORMATION: The contents of this Denial of Petition are 
listed in the following outline:

I. Background

A. The Organizations' Petition
B. Background on the Processing and Storage of Vegetable Oils and 
Animal Fats

II. Technical Evaluation of Petitioners' Claims

A. General
B. Petitioners' Claim: Animal Fats and Vegetable Oils Are Non-Toxic
1. How Animal Fats and Vegetable Oils Produce Adverse Environmental 
Effects
2. Physical Properties
3. Chemical Composition
4. Environmental Effects
    a. Physical Effects of Spilled Oil
    b. Effects of Oil on Metabolic Requirements
    c. Effects of Oil on Food and the Food Web, Communities, and 
Ecosystems
    d. Indirect Effects
5. Toxicity
    a. Principles of Toxicology
    b. Exposure From Oil Spills
    c. Toxicity of Petroleum Oils
    d. Toxicity of Vegetable Oils and Animal Fats

    Figure 1. Toxicity and Adverse Effects of Components and 
Transformation Products of Vegetable Oils and Animal Fat

6. Epidemiological Studies
    a. Human Health
    b. Comparison of Effects From Oil Spills With Human Consumption 
of Vegetable Oils and Animal Fats
7. Other Adverse Effects from Oil Spills
    a. Aesthetic Effects: Fouling and Rancidity
    b. Fire Hazards
    c. Effects on Water Treatment
8. FWS Comments
C. Petitioners' Claim: Animal Fats and Vegetable Oils Are Essential 
Components of Human and Wildlife Diets
1. Nutritional Requirements for Dietary Fat
2. Essential Fatty Acids (EFA)
3. Adverse Effects of High Levels of EFAs
4. Adverse Effects of High Levels of Fats and Oils
5. Relevance of EFA Principles to Spills
6. FWS Comments on Essential Fatty Acids
D. Petitioners' Claim: Animal Fats and Vegetable Oils Are Readily 
Biodegradable and Do Not Persist in the Environment
1. Chemical and Biological Processes Affecting Vegetable Oils and 
Animal Fats in the Environment
    a. Chemical Processes
    b. Biological Processes
    c. Rancidity
2. Environmental Fate and Effects of Spilled Vegetable Oils and 
Animal Fats: Real-World Examples
3. FWS Comments on Degradation
E. Petitioners' Claim: Vegetable Oils and Animal Fats Have a High 
BOD, Which Could Result in Oxygen Deprivation Where There Is a Large 
Spill in a Confined Body of Water
F. Petitioners' Claim: Vegetable Oils and Animal Fats Can Coat 
Aquatic Biota and Foul Wildlife

III. Petitioners' Suggested Language to Amend the July 1, 1994, 
Facility Response Plan Rule

A. Background
B. Regulatory Language Changes Proposed by the Petitioners

IV. Conclusions

Acronym List
Bibliography

Appendix I: Supporting Tables

Table 1. Comparison of Physical Properties of Vegetable Oils and 
Animal Fats with Petroleum Oils
Table 2. Comparison of Vegetable Oils and Animal Fats with Petroleum 
Oils
Table 3. Comparison of Aqua Methods and Standard Acute Aquatic 
Testing Methods
Table 4. Effects of Real-World Oil Spills

Appendix II: Edible Oil Regulatory Reform Act Differentiation

I. Background

    The OPA (Pub. L. 101-380, 104 Stat. 484) was enacted to expand 
prevention and preparedness activities, improve response capabilities, 
ensure that shippers and oil companies pay the costs of spills that do 
occur, provide an additional economic incentive to prevent spills 
through increased penalties and enhanced enforcement, establish an 
expanded research and development program, and establish a new Oil 
Spill Liability Trust Fund administered by the U.S. Coast Guard.
    Section 4202(a) of the OPA amends CWA section 311(j) to require 
regulations for owners or operators of facilities to prepare and submit 
``a plan for responding, to the maximum extent practicable, to a worst 
case discharge, and to a substantial threat of such a discharge, of oil 
or a hazardous substance.'' This requirement applies to all offshore 
facilities and any onshore facility that, ``because of its location, 
could reasonably be expected to cause substantial harm to the 
environment by discharging into or on the navigable

[[Page 54509]]

waters, adjoining shorelines, or the exclusive economic zone'' 
(``substantial harm facilities'').
    On July 1, 1994, EPA published its Final Rule amending the Oil 
Pollution Prevention regulation (40 CFR part 112) to incorporate new 
requirements to implement amended section 311(j)(5) of the CWA. (Oil 
Pollution Prevention; Non-Transportation-Related Onshore Facilities; 
Final Rule, 59 FR 34070, July 1, 1994). Under authority of section 
311(j)(1)(C) of the CWA, the Final Rule also requires planning for a 
small and medium discharge of oil, as appropriate.
    In the final rule, EPA determined that for the purposes of section 
311(j) planning, the OPA includes non-petroleum oils. The Agency noted 
that the definition of ``oil'' in the Clean Water Act includes oil of 
any kind, and that EPA uses this broad definition in 40 CFR part 110, 
Discharge of Oil. Animal fats and vegetable oils fall within the CWA 
definition of ``oil.''
    Only a small number, no more than 1\1/4\ percent of the total SPCC 
community regulated (approximately 5,400 of a total of 435,000 
facilities) under 40 CFR part 112.1-112.7 meet the criteria for 
substantial harm under 40 CFR 112.20. Only a small number of the 5,400 
substantial harm facilities (an estimated 50 to 100) store or use 
vegetable oil and animal fat and have prepared and submitted FRPs.

A. The Organizations' Petition

    By a letter dated August 12, 1994, EPA received a ``Petition for 
Reconsideration and Stay of Effective Date'' of the OPA-mandated FRP 
final rule as that rule applies to facilities that handle, store, or 
transport animal fats or vegetable oils. The petition was submitted on 
behalf of seven agricultural organizations (``the Organizations'' or 
``Petitioners''): the American Soybean Association, the Corn Refiners 
Association, the National Corn Growers Association, the Institute of 
Shortening & Edible Oils, the National Cotton Council, the National 
Cottonseed Products Association, and the National Oilseed Processors 
Association.
    To support the Petition, the Organizations referenced an industry-
sponsored report titled ``Environmental Effects of Release of Animal 
Fats and Vegetable Oils to Waterways'' (prepared by ENVIRON 
Corporation, June 28, 1993), and an associated study titled ``Diesel 
Fuel, Beef Tallow, RBD Soybean Oil and Crude Soybean Oil: Acute Effects 
on the Fathead Minnow, Pimephales Promelas'' (prepared by Aqua Survey, 
Inc., May 21, 1993). Both the report and the study had been submitted 
to EPA during the facility response plan rulemaking as enclosures to a 
comment filed over nine months after the close of the comment period. 
Based, in part, on these studies (the ENVIRON report and Aqua Survey 
study), the Petitioners asked EPA to create a regulatory regime for 
response planning for non-petroleum, ``non-toxic'' oils separate from 
the regime established for petroleum oils and ``toxic,'' non-petroleum 
oils.
    The report and the study provided information on certain physical, 
toxicological, and chemical properties of animal fats and vegetable 
oils compared with other types of oil. The petitioners argued that 
according to the ENVIRON report, the presence of animal fats and 
vegetable oils in the environment does not cause significant harm. Six 
specific conclusions of the ENVIRON report regarding vegetable oils and 
animal fats were that these substances are not toxic to the 
environment; are essential components to human and wildlife diets; 
readily biodegrade; are not persistent in the environment like 
petroleum oils; do have a high Biochemical Oxygen Demand (BOD), which 
could result in oxygen deprivation where there is a large spill in a 
confined body of water that has low flow and dilution; and can coat 
aquatic biota and foul wildlife.
    The Petitioners also submitted an Appendix to their Petition that 
included specific suggested language to amend the July 1, 1994, FRP 
rule. The submitted language would have resulted in the following 
changes regarding facilities that handle, store, or transport animal 
fats and vegetable oils: Further clarified the definition of animal 
fats and vegetable oil (set out in Appendix E, 1.2 of the FRP); allowed 
mechanical dispersal and ``no action'' options to be considered in lieu 
of the oil containment and recovery devices otherwise specified for 
response for a worst case discharge; required the use of a containment 
boom only for the protection of fish and wildlife and sensitive 
environments; and increased required on-scene arrival time for response 
resources from 12 hours (including travel time) to 24 hours plus travel 
time for medium discharges and worst case Tier 1 response resources.
    The Federal natural resource trustee agencies, including the Fish 
and Wildlife Service (FWS), had reviewed the ENVIRON study. In an April 
11, 1994, letter to the Department of Transportation's (DOT) Research 
and Special Projects Administration (RSPA), the FWS stated that the 
Report did not provide an accurate assessment of the dangers that non-
petroleum oils pose to fish and wildlife and environmentally sensitive 
areas. The letter stated that the key facts were misrepresented, 
incomplete, or omitted in the Report. FWS also observed that the 
ENVIRON report failed to give appropriate significance to the fouling 
potential of edible oils (USDOI/FWS, 1994).
    The National Oceanic and Atmospheric Administration (NOAA) also had 
evaluated the effects on the environment of spilled non-petroleum oils, 
including coconut, corn, cottonseed, fish, and palm oils. (Memorandum 
of Record, dated June 3, 1993, from the Department of Commerce (DOC)/
NOAA Hazardous Materials Response and Assessment Division.) The NOAA 
assessment, based on literature research, addresses physical and 
chemical properties and toxicity of these and other oils, and indicates 
that some edible oils, when spilled, may have adverse environmental 
effects. (The views of the FWS and NOAA on the adverse effects of 
animal fats and vegetables are discussed in detail in the preamble to 
the U.S. Coast Guard's final rule setting forth response plan 
requirements for marine transportation-related facilities, [61 FR 7890, 
7907-7908, Feb. 29, 1996] and are included in the docket that supports 
this decision. These views also are discussed in EPA's Request for Data 
and Comment on Response Strategies for Facilities That Handle, Store, 
or Transport Certain Non-Petroleum Oils, 59 FR 53742-53743, October 26, 
1994.)
    On October 26, 1994, in view of the differing scientific 
conclusions reached by the Petitioners, the FWS, and other groups and 
agencies, EPA requested broader public comment on issues raised by the 
Petitioners in a notice and request for data (Request for Data and 
Comment on Response Strategies for Facilities That Handle, Store, or 
Transport Certain Non-Petroleum Oils, 59 FR 53742, October 26, 1994). 
These issues included whether to have different specific response 
approaches for releases of animal fats and vegetable oils (rather than 
increased flexibility), and the effects on the environment of releases 
of these oils. EPA also asked commenters to recommend specific data 
that relate to the comparison of petroleum and non-petroleum oils. EPA 
received fourteen comments in response to its October 26, 1994, notice 
and request for data.
    Of these fourteen commenters, most agreed with the trade 
associations' request that EPA should modify the FRP rule. Most of the 
commenters asserted that, based upon the ENVIRON report, animal fats 
and vegetable oils are readily biodegradable and not persistent

[[Page 54510]]

in the environment. Certain commenters also argued that vegetable oils 
and animal fats are less toxic than other types of oils. Other 
commenters argued that edible oils pose less risk to the environment 
because they are typically stored in smaller tanks at food processing 
facilities, whereas petroleum-based oils are stored in larger tanks at 
petroleum facilities. One commenter, citing the unnecessary and 
burdensome regulations and the excellent spill record of the animal fat 
and vegetable oil industry, stated that EPA should differentiate animal 
fats and vegetable oils from other types of oils. One commenter 
questioned the accuracy of the ENVIRON report and stated that non-
petroleum oils can adversely affect fish and wildlife and 
environmentally sensitive areas.

B. Background on the Processing and Storage of Vegetable Oils and 
Animal Fats

    In 1992, approximately 20.8 billion pounds of vegetable oils and 
animal fats were consumed in the United States, including over 14.8 
billion pounds for edible uses; and more than 5.9 billion pounds for 
inedible uses, such as soap, paint or varnish, feed, resins and 
plastics, lubricants, fatty acids, and other products (Hui, 1996a). The 
extent of processing of vegetable oils and animal fats depends on the 
ultimate use of the product. Chemical composition, which determines the 
toxicity and fate of oils in the environment, changes at each step in 
processing, as impurities or specific components are removed or 
chemicals formed; chemical composition can also be changed by storage, 
heating, or reactions in the environment (Hui, 1996d; Brekke, 1980).
    Processing steps in vegetable oil facilities are generally 
independent operations that are not connected by continuous flow, and 
between each processing step there may be one or more storage tanks 
(Hui, 1996d). Many crude vegetable oil storage tanks, which are usually 
constructed of welded carbon steel, have a capacity of 1 million pounds 
(approximately 140,000 gallons) (Hui, 1996d). They may be located in 
the open or enclosed in a structure. Storage tanks for finished fats 
and oils are generally made of iron, stainless steel, or aluminum and 
typically hold between 75 and 200 tons (about 21,000 to 56,000 gallons) 
of product.
    In a typical integrated vegetable oil processing facility, steps 
may include crude oil storage, preparation, extraction and meal 
finishing, removal of gums and lecithin processing, caustic refining, 
bleaching and dry removal of gums and waxes, hydrogenation, 
interesterification, fractionation, deodorizing, and shortening or 
margarine production (Hui, 1996d; Brekke, 1980). During these steps, 
several classes of materials may be removed, such as gums, 
phospholipids, pigments, free fatty acids, color bodies, pigments, 
metallic prooxidants, and residual soaps. New compounds, including 
oxidation products, polymers and their decomposition products, may be 
formed and contaminants introduced during processing (Hui, 1996d).
    Impurities are also removed and chemical structure modified during 
processing of animal fats (Hui, 1996d). The major animal fats are lard 
and tallow. Steps in the processing of animal fats may include 
rendering, bleaching, hydrogenation, deodorizing, interesterification, 
and fractionation. Rendering, the removal of fat from animal tissues 
using heat or mechanical means, is often a continuous process that 
results in products that require no further treatment. Further refining 
removes materials, such as free fatty acids or collagen or protein, or 
changes the characteristics of the fat for specialized use.
    Spills of crude vegetable oils containing gums, phospholipids, free 
fatty acids, and a host of other chemical components can differ greatly 
from spills of processed oils in their persistence in the environment, 
the environmental compartments in which they are distributed, the 
breakdown products that they form, their rate of degradation, and the 
exposure and environmental effects that they produce. Some minor 
components of oils can affect their properties or cause adverse health 
and environmental effects. Spilled oils and fats can be transformed by 
physical, chemical, or biological processes to form products that are 
more or less toxic than the original oil, depending on the specific oil 
and the products that are formed.
    The EPA has considered the Petitioners' claims in detail. EPA's 
technical evaluation on the Petitioners' claims is set forth in section 
II. EPA's responses to suggested changes in the FRP regulation are 
provided in section III. Detailed studies and information to support 
this document are provided in a Technical Document, which is located in 
the Docket.

II. Technical Evaluation of Petitioners' Claims

A. General

    The Petitioners claim that unlike most if not all other oils, 
animal fats and vegetable oils are non-toxic, readily biodegradable, 
not persistent in the environment, and in fact are essential components 
of human and wildlife diets. Most of the Petitioners' arguments focus 
on toxicity, although toxicity is only one of several mechanisms by 
which oil spills cause environmental damage.
    In making its claims, the Petitioners have disregarded fundamental 
scientific principles and ignored a large body of scientific evidence 
that was considered by EPA in its promulgation of rules implementing 
the requirements of the CWA. The ENVIRON report submitted by the 
Petitioners acknowledges that animal fats and vegetable oils can cause 
oxygen deprivation and coating of animals, but the Petitioners 
incorrectly minimize the importance of these mechanisms in causing 
environmental damage and rely instead on limited studies in narrow 
areas of toxicity, which are then improperly generalized to support the 
Petitioners' claims.
    Petitioners' submission emphasizes that animal fats and vegetable 
oils are used by all organisms for food. The ingestion of small 
quantities of edible oils by humans, however, is a completely different 
situation from spills of oil into the environment. These situations 
differ markedly in the extent and duration of exposure, the route of 
exposure, the species exposed, the composition of the chemicals 
involved, the circumstances surrounding the exposure, and the types of 
effects produced--factors that determine the toxicity and severity of 
the adverse effects of chemicals. Thus, even if the human consumption 
of small quantities of oils in food were judged completely safe, no 
inferences could be drawn about the toxicity and other effects of 
vegetable oils and animal fats on environmental organisms exposed in 
the very different circumstances of oil spills.
    The Petitioners' arguments about toxicity do not address the 
central issue: Spills of animal fats and vegetable oils kill or injure 
fish, birds, mammals, and other species and produce a host of other 
undesirable effects. Whether this death and destruction results from 
toxicity or from other processes, spills of animal fats and vegetable 
oils should be prevented and if spills occur, quickly removed to reduce 
the environmental harm and other adverse effects they produce.

B. Petitioners' Claim: Animal Fats and Vegetable Oils Are Non-Toxic

    The Petitioners claim that EPA's implementation of the response 
plan provisions and other regulatory changes

[[Page 54511]]

under the CWA are inconsistent with established regulatory principles 
and with the available scientific data related to animal fats and 
vegetable oils, which, unlike other oils, are non-toxic.
    EPA Response: For a number of reasons that are detailed in this 
document and the Technical Document, EPA disagrees with the 
Petitioners' contention that animal fats and vegetable oils are non-
toxic when spilled into the environment. First, while the Petitioners 
rely on laboratory tests that measure only the acute lethal effects of 
some vegetable oils and animal fats in one species of fish, these tests 
say nothing about other acute toxic effects or long-term toxic effects, 
or toxic effects on other species or ecosystems, or toxic effects of 
oil spilled in the environment under conditions that differ from those 
in the laboratory. Second, the tests submitted by the Petitioners 
cannot demonstrate ``non-toxicity'' of vegetable oils and animal fats; 
indeed the tests described in the study only measure the lethality of 
the oils tested under a given set of experimental conditions. Third, 
other information and data indicate that animal fats and vegetable 
oils, their components, and degradation products are not as ``non-
toxic'' as the Petitioners assert. Fourth, while low levels of certain 
animal fats and vegetable oils or their components may be essential 
constituents of the diet of humans and wildlife, adverse effects occur 
from exposure to high levels of these chemicals. Numerous examples in 
the scientific literature demonstrate that essentiality does not confer 
safety and essential elements can produce toxic effects (Klaassen et 
al., 1986; NAS, 1977a; Rand and Petrocelli, 1985; Hui, 1996b).
    Furthermore, EPA emphasizes that toxicity is only one of several 
mechanisms by which oil spills cause environmental damage. As discussed 
below, the physical effects of spilled oil--such as coating animals and 
plants with oil and suffocation of aquatic organisms from oxygen 
depletion--and the destruction of the food supply kill birds and 
mammals, destroy fish and other aquatic species, and damage their 
habitats.
    By contaminating food sources, reducing breeding animals and plants 
that provide future food, contaminating nesting habitats, and reducing 
reproductive success through contamination and reduced hatchability of 
eggs, even oils that remain in the environment for relatively short 
periods of time can cause long-term deleterious effects years after the 
oil was spilled.
1. How Animal Fats and Vegetable Oils Produce Adverse Environmental 
Effects
    The deleterious environmental effects of spills of petroleum oils 
and non-petroleum oils, including animal fats and vegetable oils, are 
produced through physical contact and destruction of food sources as 
well as toxic contamination (USDOC/NOAA, 1996; NAS, 1985e; Crump-
Wiesner and Jennings, 1975; Frink, 1994; Frink and Miller, 1995; 
Hartung, 1995; USDOI/FWS, 1994). Nearly all of the most immediate and 
devastating environmental effects from oil spills--such as smothering 
of fish or coating of birds and mammals and their food with oil--are 
physical effects related to the physical properties of oils and their 
physical interactions with living systems (Hartung, 1995).
    While these immediate physical effects and effects on food sources 
may not be considered the result of ``toxicity'' in the classic sense--
i.e., effects that are produced when a chemical reacts with a specific 
receptor site of an organism at a high enough concentration for a 
sufficient length of time (Rand and Petrocelli, 1985)-- severe 
debilitation and death of fish and wildlife are caused by spills of 
animal fats and vegetable oils, other non-petroleum oils, and petroleum 
oils and their products. Adverse environmental effects can occur long 
after the initial exposure to animal fats and vegetable oils because of 
toxicity, persistence of products in the environment, or destruction of 
food sources and habitat and diminished reproduction resulting from 
physical effects or toxicity.
2. Physical Properties
    Petroleum oils and non-petroleum oils, including vegetable oils and 
animal fats, share common physical properties and produce similar 
environmental effects (Crump-Wiesner and Jennings, 1975; USDOI, 1994; 
Frink, 1994). When spilled in the aquatic environment, petroleum oils, 
animal fats and vegetable oils and their fatty acid constituents may 
float on the water's surface, become solubilized or emulsified in the 
water column, or settle on the bottom as a sludge, depending on their 
physical and chemical properties (Crump-Wiesner and Jennings, 1975; 
DOC/NOAA, 1992, 1996). Vegetable oils and animal fats that are solid at 
room temperature still serve as potent physical contaminants and are 
much more difficult to remove from affected animals than petroleum oil 
(Frink, 1994).
    While the physical properties of vegetable oils and animal fats are 
highly variable, most fall within in a range that is similar to the 
physical parameters for petroleum oils. (See Appendix I, Table 1: 
Comparison of Physical Properties of Vegetable Oils and Animal Fats 
With Petroleum Oils and Table 2: Comparison of Vegetable Oils and 
Animal Fats with Petroleum Oils). Common properties--such as 
solubility, specific gravity, and viscosity--are responsible for the 
similar environmental effects of petroleum and vegetable oils and 
animal fats. Petroleum and vegetable oils and animal fats can enter all 
parts of an aquatic system and adjacent shoreline, and similar methods 
of containment, removal and cleanup are used to reduce the harm created 
by spills of petroleum and vegetable oils and animal fats.
3. Chemical Composition
    The chemical composition and physical properties of petroleum and 
non-petroleum oils, including vegetable oils and animal fats, determine 
their fate in the environment (where they go, reactions, rate of 
disappearance) and the exposure and adverse effects that they produce. 
The chemical composition changes at each step in processing, as 
impurities or specific components are removed or chemicals formed (Hui, 
1996d; Brekke, 1980). Chemical composition can also change with 
storage, heating, or reactions in the environment.
    The main constituents of vegetable oils and animal fats are esters 
of glycerol and fatty acids (Hui, 1996b). The ester linkages can be 
hydrolyzed to yield free fatty acids and glycerol. While triglycerides 
(triacylglycerols) predominate, fats and oils also contain mono- and 
diglycerides (mono-and diacylglycerols) and other lipids, e.g., 
phosphatides and cholesterol, free fatty acids, and small amounts of 
other compounds. Fats and oils also contain other minor components, 
such as polynuclear aromatic hydrocarbons (PAHs). Like vegetable oils 
and animal fats, petroleum crude oils are hydrocarbon mixtures that can 
be further processed to make specific products; but the hydrocarbon 
constituents of petroleum oils are primarily alkanes (paraffins), 
cycloalkanes, and aromatic hydrocarbons (IARC, 1989).
    Fatty acids largely determine the chemical and physical properties 
of triglycerides (Hui, 1996a) and influence their fate and effects in 
the environment. The structure of the fatty acids can change as they 
are processed, stored, heated, or transformed by physical, chemical, 
and biological processes in the environment. The fatty acid composition 
of vegetable oils and

[[Page 54512]]

animal fats varies with plant or animal species, season, geographical 
location, feed, and other factors.
    The physical and chemical properties of petroleum and non-petroleum 
oils can change after they have spilled into the environment. Spilled 
oil can be transformed through a wide variety of physical, chemical, 
and biological processes (USDOC/NOAA, 1992a, 1996). These processes are 
affected by many factors, among them temperature, oxygen, light, 
ionizing radiation, and the presence of metals (Kiritsakis, 1990; Hui, 
1996a, 1996d).
    As the composition of the oil changes, so does its fate in the 
environment and its toxicity. The products that are formed can be more 
or less toxic than the original oil, depending on the specific oil and 
the products that are formed. Oxidation of vegetable oils and animal 
fats, which may contribute rancid off-flavors and odors, can create 
products, such as cyclic monomers and oxycholesterols that are toxic at 
relatively low concentrations (Hui, 1996a). Polymers of soybean oil and 
sunflower oil can form concrete-like aggregates with soil or sand that 
cannot be readily degraded by bacteria and remain in the environment 
for many years after they are spilled (Minnesota, 1963; Mudge, 1995, 
1997a, 1997b). Petroleum oils also undergo oxidation and polymerization 
reactions and can form tars that persist in the environment for years 
(NAS, 1985d).
4. Environmental Effects
    Spills of petroleum and vegetable oils and animal fats can harm 
aquatic organisms and wildlife in many ways (Crump-Wiesner and 
Jennings, 1975):
    <bullet> Oil can coat the feathers and fur of birds and mammals and 
cause drowning and hypothermia and increased vulnerability to 
starvation and predators from lack of mobility.
    <bullet> Oils can act on the epithelial surfaces of fish, 
accumulate on gills, and prevent respiration. The oil coating of 
surface waters can interfere with natural processes of reaeration and 
photosynthesis. Organisms and algae coated with oil may settle to the 
bottom with suspended solids along with other oily substances that can 
destroy benthic organisms and interfere with spawning areas.
    <bullet> Oils can increase BOD and deplete water of oxygen 
sufficiently to kill fish.
    <bullet> Oils can cause starvation of fish and wildlife by coating 
food and removing the food supply. Animals that ingest large amounts of 
oil through contaminated food or preening themselves may die as the 
result of the oil ingested. Animals can also starve because of 
increased energy demands needed to maintain body temperature when they 
are coated with oil.
    <bullet> Oils can exert a direct toxic action on fish, wildlife, or 
their food supply.
    <bullet> Oils can taint the flavor and cause intestinal lesions 
from laxative properties in fish.
    <bullet> Oils can foul shorelines and beaches. Oil spills can also 
create rancid odors.
    The environmental effects of vegetable oils and animal fats and 
petroleum oils, their chemical and physical properties, and their 
environmental fate are compared in Appendix I, Table 2.
    a. Physical Effects of Spilled Oil. Physical effects produce nearly 
all of the most immediate and devastating environmental effects from 
oil spills. Even oils that remain in the environment for relatively 
short periods of time can cause long-term deleterious effects years 
after the oil was spilled.
    Coating with Oil. Among the immediate effects of oil spills is the 
coating of the feathers of birds and fur of mammals (Hartung, 1995). 
Coating of animals and their food supply is produced by spills of 
petroleum and non-petroleum oils alike. Birds and some mammals, such as 
sea otters and river otters that depend upon entrained air for buoyancy 
and insulation, are particularly vulnerable to harm from spills of non-
petroleum and petroleum oils (NAS, 1985e; Hartung, 1967, 1995). In 
freshwater or tidal brackish waters, oiled birds are usually waterfowl 
and wading birds, such as herons (Alexander, 1983).
    Birds and mammals become coated with oil when they land in an oil 
slick or surface from underneath (Hartung, 1995). Oil alters the 
structure and function of the feathers and fur by disrupting their 
orderly arrangement, thereby reducing entrainment of air and causing 
loss of buoyancy and thermal insulation (Rozemeijer, 1992; Leighton, 
1995; Frink and Miller, 1995; NAS, 1985e; Alexander, 1983; Hartung, 
1967, 1995; Crump-Wiesner and Jennings, 1975). As the plumage absorbs 
water, the weight and body mass of the birds increases, and the birds 
sink and may drown. Birds and mammals, with feathers or fur matted down 
by petroleum or non-petroleum oils, can also die from hypothermia and/
or dehydration and diarrhea or fall victim to predators.
    Birds that are able to endure excess chilling while avoiding their 
predators may reach shore and sit or stand in a state of shock (NAS, 
1985e; Alexander, 1983). To maintain body temperature, such birds would 
have to eat twice the normal amount of food; yet they are often 
isolated from their food supply (Hartung, 1967, 1995; Alexander, 1983). 
Fat and muscular energy reserves of these birds are rapidly exhausted 
and their body temperature drops (Hartung, 1967; Croxall, 1977; 
Alexander, 1983; Rozemeijer et al., 1992). As their appetite declines, 
death from starvation ensues. Similarly, sea otters with fur coated 
with oil require increased metabolism to compensate for major changes 
in conductance and heat flow across the body surface (Hartung, 1967, 
1995; Kooyman, 1977; Williams et al., 1990; NAS, 1985e).
    Oiled birds tend to preen their feathers and may ingest large 
amounts of oil from attempting to clean themselves and from consuming 
oil-contaminated food and oil particles (Frink, 1994; Frink and Miller, 
1995; Alexander, 1983; NAS, 1985e; Hartung, 1965, 1967, 1995). Bird 
rescuers have described dead birds with organs filled with oil from 
eating oiled food (Lyall, 1996; Frink and Miller, 1995). Oil can also 
be transferred to birds through consumption of fouled prey or direct 
contact with the oiled shoreline or surface water (Frink and Miller, 
1995; Smith and Herunter, 1989). The coated birds that are observed 
after oil spills are probably a small proportion of the total affected, 
as weakened birds are likely victims of predators (Hartung, 1995; 
Alexander, 1983; NAS, 1985e; Lyall, 1996; Frink and Miller, 1995; 
McKelvey et al., 1980; Smith and Herunter, 1989; Minnesota, 1963).
    Small spills of vegetable oil, animal fat and petroleum oils can 
cause great ecological damage, depending upon the location of the spill 
and other factors. Even a small spill of vegetable oil can be far more 
damaging to aquatic birds than certain petroleum oils (McKelvey et al., 
1980; Smith and Herunter, 1989).
    Suffocation. Suffocation and death of fish and other biota are 
often the consequence of oxygen depletion of the water. Oxygen 
depletion can result from reduced oxygen exchange across the air-water 
surface below the spilled oil or from the high BOD produced by microor 
ganisms degrading oil (Crump-Wiesner and Jennings, 1975; Mudge, 1995). 
While a higher BOD is associated with greater biodegradability, it also 
reflects the increased likelihood of oxygen depletion and potential 
suffocation of aquatic organisms under certain environmental conditions 
(Crump-Wiesner and Jennings, 1975). Oxygen depletion and suffocation 
are produced by petroleum and non-petroleum oils, including animal fats 
and vegetable oils. Under certain conditions, however, some vegetable 
oils and animal fats

[[Page 54513]]

present a far greater risk to aquatic organisms than other oils spilled 
in the environment, as indicated by their greater BOD.
    According to studies designed to measure the degradation of fats in 
wastewater, some food oils exhibit nearly twice the BOD of fuel oil and 
several times the BOD of other petroleum-based oils (Groenewold, 1982; 
Institute, 1985; Crump-Wiesner and Jennings, 1975). While the higher 
BOD of food oils is associated with greater biodegradability by 
microorganisms using oxygen, it also reflects the increased likelihood 
of oxygen depletion and suffocation of aquatic organisms under certain 
environmental conditions (Groenewold, 1982; Institute, 1985; Crump-
Wiesner and Jennings, 1975). Oil creates the greatest demand on the 
dissolved oxygen concentration in smaller water bodies, depending on 
the extent of mixing (Crump-Wiesner and Jennings, 1975).
    Contamination of Eggs. After spills of non-petroleum and petroleum 
oils, oil can be transferred from birds' plumage to the eggs they are 
hatching. Petroleum and non-petroleum oils, including vegetable oils 
and animal fats, can smother an avian embryo by disrupting the egg/air 
interface, sealing pores, and preventing gas exchange (Albers, 1977; 
Szaro and Albers, 1977; Leighton, 1995; USDOI, 1994).
    In addition to the severe physical effects produced by non-
petroleum and petroleum oils, some petroleum oils can also damage 
embryos apparently through mechanisms of toxicity (Albers, 1977; Szaro 
and Albers, 1977; Leighton, 1995; Szaro, 1977; NAS, 1985e). Very small 
quantities of petroleum or crude oil cause mortality and developmental 
effects in avian embryos from a wide variety of species (Leighton, 
1995; NAS, 1985c). Whether vegetable oils and animal fats can harm 
embryos through toxicity as well as physical effects is unknown, for no 
studies of the toxicity of vegetable oils and animal fats to avian 
embryos and developing birds were located.
    b. Effects of Oil on Metabolic Requirements. To survive spills of 
petroleum and non-petroleum oils, animals require increased energy 
(NAS, 1985e; Hartung, 1967, 1995). Birds coated with oil must eat twice 
their food ration to maintain body temperature (Hartung 1967, 1995). 
Yet birds are often isolated from their food sources following an oil 
spill or find their food coated with oil (Hartung 1967, 1995). 
Sublethal effects can increase vulnerability to disease or decrease 
growth and reproductive success, although the individual may continue 
to live for some time (NAS, 1985e; Frink and Miller, 1995; Smith and 
Herunter, 1989).
    Studies of polluted animals show that physiological stress is 
manifested in higher energy demand (Sanders et. al., 1980). When 
increasing environmental stress greatly elevates metabolism and reduces 
assimilation, little energy remains for growth and reproduction, so 
that most species disappear and only a few tolerant species survive in 
chronically polluted environments. Oil pollution also forces animals to 
turn from the most economical biochemical pathways to other more costly 
physiological pathways.
    c. Effects of Oil on Food and the Food Web, Communities, and 
Ecosystems. The effects of oil on the food web and community structures 
depend on the type and amount of oil spilled, the physical nature of 
the area, nutritional status, oxygen concentration, and previous 
exposure of the impacted area (NAS, 1985e). Geographic location appears 
far more important in determining the impacts of oil spills than spill 
size (Frink and Miller, 1995; McKelvey et al., 1980). The community 
structure and activities of microbes that degrade petroleum oil are 
affected by both catastrophic and chronic spills. The risks from oil 
spills can be shifted from those associated with toxicity to those 
associated with habitat, e.g., predator-prey interaction (NAS, 1985e).
    The vulnerability of species and individuals to oil spills varies 
greatly (NAS, 1985e), and the extent and rate of recovery depends on 
many factors. In enclosed waters where recruitment of organisms from 
outside becomes less important, intrinsic factors may limit the 
recovery of the zooplankton community. Plant communities too can be 
affected long after an oil spill, with imbalances persisting for a 
decade or more, even after the floral community is reestablished 
(Sanders et al., 1980). When diversity and density have increased and 
stabilized many years after a spill, behavioral responses may continue 
to be distorted or biochemical pathways may be shifted from efficient 
to more costly pathways.
    d. Indirect Effects. While not generally regarded as classic 
``toxicity,'' high levels of fatty acids and triglycerides from 
vegetable oils and animal fats can upset the fermentation and digestion 
of ruminants, such as cattle, goats, deer, antelope, sheep, moose, 
buffalos, and bighorn sheep (Van Soest, 1994). Although intake of 
normal levels of lipids does not affect fermentation in ruminants, 
excess unsaturated fatty acids and triglycerides can profoundly 
suppress essential fermentation bacteria and alter fermentation 
balance, lipid metabolism, and milk fat production. Methane suppression 
is likely with a single large dose of unsaturated oil that exceeds the 
threshold of tolerance by fermentation bacteria. A practical limit for 
fat of about 8-10% of dietary dry matter is expected (personal 
communication, D. Ullrey, 1996).
    Indirect effects also occur when petroleum oil is spilled in the 
environment (NAS, 1985e). After a spill of number 5 fuel oil, the 
herring population was reduced because of increased fungal damage to 
fish eggs, which in turn resulted from a decreased population of 
amphipods which graze fungi growing on fish eggs.
5. Toxicity
    Adverse effects occur through both non-toxic and toxic mechanisms. 
Whether an adverse effect occurs through toxicity or other mechanisms 
is often unknown (Yannai, 1980). For example, birds exposed to spilled 
oil may die from non-toxic mechanisms --starvation, hypothermia, 
drowning, shock, susceptibility to predators because of a food supply 
that is inadequate to support increased energy requirements, and 
consumption of oiled food or oil from preening that clogs their 
organs-- or from the toxicity of chemicals or biotransformation 
products in the oil. The deaths of the birds occur, regardless of the 
mechanisms involved or knowledge about these mechanisms.
    Toxicology is the study of the adverse effects of chemicals on 
living organisms, including lethality; reproductive effects; effects on 
development; cancer; effects on the nervous system, kidney, liver, 
immune system, or other organs; and biochemical effects, such as enzyme 
inhibition (Klaassen et. al., 1986; Rand and Petrocelli, 1985). To 
examine the nature of toxic effects and evaluate the probability of 
their occurrence, factors that affect toxicity must be known. A brief 
discussion of toxicity is presented below. The supporting Technical 
Document discusses toxicology in greater depth.
    a. Principles of Toxicology. The toxicity of chemicals depends on 
factors that are related to the organism itself, chemical composition, 
external environmental factors, and the exposure situation. The 
necessity of considering many factors in the evaluation of toxicity is 
underscored in basic textbooks about toxicology, such as Casarett and 
Doull's Toxicology that state:

    ``* * * Whether or not a toxic response occurs is dependent * * 
* on the chemical

[[Page 54514]]

and physical properties of the agent, the exposure situation, and 
the susceptibility of the biologic system or subject. Thus to 
characterize fully the potential hazard of a specific chemical 
agent, we need to know not only what type of effect it produces and 
the dose required to produce the effect but also information about 
the agent, the exposure, and the subject * * *'' (Amdur et al., 
1991).

    The hazards and risks from environmental exposures to chemicals are 
assessed with toxicological studies in the laboratory and with 
epidemiological studies, while field studies may be used to assess the 
ecological effects of chemicals on multiple species or ecosystems (NAS, 
1985c; NAS, 1977a; OSTP, 1985; Rand and Petrocelli, 1985). Toxic 
chemicals enter the body primarily by ingestion, inhalation, and skin 
contact (Klaassen et al., 1986). The toxic effects from acute exposure 
to a chemical (e.g., a single dose during a short period of time such 
as 24 hours) may differ greatly from those produced by long-term 
(chronic) exposures. Toxic effects can be immediate or they can be 
delayed.
    A substance that is harmless at low concentrations in food may be 
hazardous if it comprises a large portion of the diet. Because there is 
little margin of safety for many of the elements to which people are 
exposed daily, the daily intake of many elements in the diet, such as 
iron, could not be increased 5 or 10 times without adverse effects 
(Klaassen et al., 1986).
    b. Exposure From Oil Spills. Spills of petroleum and vegetable oils 
and animal fats during processing, storage, and transportation can 
result in acute or chronic exposures to fish and wildlife. Not only 
massive spills but small quantities that are spilled repeatedly may 
result in environmental harm (Alexander, 1983; McKelvey et al., 1980; 
Smith and Herunter, 1989). Small volume spills can produce severe 
environmental damage because of the behavior of oils in the 
environment, their physical effects, and the toxicity of some oil 
constituents and transformation products. Many of the immediate, 
devastating effects of spilled petroleum and vegetable oils and animal 
fats, such as coating, suffocation, and other physical effects, occur 
during acute exposures. Long-term effects have also been reported from 
spills of petroleum oil, vegetable oils and animal fat.
    During an oil spill, the potential for significant exposures is 
very high (Hartung, 1995). Unlike laboratory experiments using 
controlled amounts of oil, large amounts of oil may be released during 
spills. While the initial mortalities of birds and mammals exposed to 
spilled oil are usually from drowning or hypothermia resulting from 
coating, the ingestion of oil begins to contribute to effects later as 
birds consume large amounts of oil through preening or ingestion of 
oil-contaminated food and oil particles (Hartung, 1967, 1995). Fish and 
other aquatic organisms may die from suffocation soon after an oil 
spill or exhibit toxic effects, including cancer and adverse effects on 
growth and reproduction, following acute or chronic exposures to 
spilled oils and fats or their breakdown products.
    Spilled oil can be transformed through a wide variety of physical, 
chemical, and biological weathering processes that change oil 
composition, behavior, exposure routes, and toxicity (USDOC/NOAA 1992, 
1996). Whether the environmental fate and toxicity of the 
transformation products differs from that of the parent depends upon 
the specific oil and products that are formed.
    c. Toxicity of Petroleum Oils. The toxic effects of petroleum oils 
are summarized in Appendix I, Table 2. The effects of petroleum oils 
have been investigated extensively in many species (NAS, 1985e; IARC, 
1984; Albers, 1995). Commonly reported individual effects of petroleum 
oils include impaired reproduction and reduced growth as well as death 
in plants, fish, birds, invertebrates, reptiles and amphibians; blood, 
liver, and kidney disorders in fish, birds, and mammals; malformations 
in fish and birds; altered respiration or heart rate in invertebrates, 
fish, reptiles, and amphibians; altered endocrine function in fish and 
birds; altered behavior in many animal species; hypothermia in birds 
and mammals; impaired salt gland function in birds, reptiles, and 
amphibians; altered photosynthesis in plants; and increased cells in 
gills and fin erosion in fish. Among the group effects of petroleum are 
changes in local population and community structure in plants, 
invertebrates and birds and changes in biomass of plants and 
invertebrates.
    Petroleum oils affect nearly all aspects of physiology and 
metabolism and produce impacts on numerous organ systems of plants and 
animals as well as altering local populations, community structure, and 
biomass (Albers, 1995; NAS, 1985e). Impaired reproduction, reduced 
growth and development, malformations, behavioral effects, blood and 
liver and kidney disorders, altered endocrine function, and a host of 
other effects of petroleum oils on organisms have been reported.
    Certain petroleum products and crude oil fractions are associated 
with increased cancer in refinery workers and laboratory animals (IARC, 
1989). Many of these petroleum oils contain benzene and polynuclear 
aromatic hydrocarbons (PAHs), toxic constituents that are carcinogenic 
in humans and animals. Untreated and mildly treated mineral oils are 
carcinogenic to humans. In experimental animals, some distillates and 
cracked residues derived from the refining of crude oil and residual 
(heavy) fuel oils are carcinogenic. There is limited evidence in 
experimental animals for the carcinogenicity of unleaded automotive 
gasoline, fuel oil number 2, crude oil, and naphtha and kerosene 
produced by certain processes.
    d. Toxicity of Vegetable Oils and Animal Fats. The toxicity of 
vegetable oils and animal fats and the toxic effects on many systems 
and organs in the body are summarized in Appendix I, Table 2 and 
described briefly below. A detailed discussion of these effects is 
included in the supporting Technical Document.
    The acute and chronic toxicity of vegetable oils and animal fats, 
types of fats, and their components and degradation products have been 
evaluated in toxicology and epidemiological studies. Chemical and 
physical properties of the particular animal fat or vegetable oil, the 
exposure situation, the biologic systems exposed, and the environmental 
conditions that are present are factors that influence the toxicity of 
a chemical.
    Acute lethality tests are among several measures used to evaluate 
acute toxicity. They can be employed to rank chemicals or to screen 
doses that may be selected for longer term toxicity testing, or they 
can be an early step in tiered hazard assessment approaches. The use of 
different protocols and test species in acute lethality tests makes 
comparisons between tests difficult. For example, although the 
Petitioners claim that the tests conducted by Aqua indicate that 
smaller amounts of petroleum oils than certain vegetable oils and 
animal fats kill half the population of some aquatic species; other 
acute lethality studies suggest that by one measure, vegetable oils are 
more toxic than petroleum-derived mineral oil. In studies comparing the 
acute lethality of corn oil, cottonseed oil, and petroleum-derived 
mineral oil in albino rats, no rats receiving mineral oil died, while 
smaller doses of the vegetable oils administered for a shorter time 
period killed rats (Boyd, 1973).
    Vegetable oils and animal fats produce other types of acute 
toxicity as well. Like petroleum oils, vegetable oils

[[Page 54515]]

and animal fats are laxatives that can produce diarrhea or cause lipid 
pneumonia in animals. These effects can compromise the ability of 
animals in the wild to escape their predators (USDOI, 1994; Frink, 
1994). Clinical signs of toxicity in rats fed large amounts of corn oil 
or cottonseed oil for 4 or 5 days include decreased appetite, loss of 
body weight, abnormal lack of thirst, diarrhea, fur soiling, 
listlessness, pale skin, incoordination, cyanosis (dark blue skin color 
from deficient oxygenation of the blood), and prostration, followed by 
respiratory failure and central nervous system depression, hypothermic 
coma, and death. Autopsies of the rats showed violent local irritation 
of the gastrointestinal tract, which allowed the absorption of oil 
droplets into the bloodstream and deposition of oil in tissues, 
resulting in inflammation, congestion in the blood vessels, 
dehydration, degenerative changes in the kidney, loss of organ weights, 
and stress reaction (Boyd, 1973).
    Animals exposed to vegetable oils and animal fats can manifest a 
range of chronic toxic effects. High levels of some types of fats 
increase growth and obesity but cause early death in several species of 
animals and may decrease their reproductive ability or the survival of 
offspring (NAS/NRC, 1995). On the other hand, the growth of some fish 
decreases with elevated levels of vegetable oils (Salgado, 1995; Mudge 
1995, 1997a). Mortality of mussels exposed to one of four vegetable 
oils began after 2 or 3 weeks of exposure. Growth inhibition, effects 
on shells and shell lining, and decreases in foot extension activity 
that are essential to survival were observed in mussels exposed to low 
levels of sunflower oil.
    Dietary fat consumption has been associated with the incidence of 
some types of cancer, including mammary and colon cancer, in laboratory 
animals and humans (Hui, 1996a; USDHHS, 1990; FAO/WHO, 1994). The 
intake of dietary fat or certain types of fat has also been correlated 
with the incidence of coronary artery disease, diabetes, and obesity in 
epidemiological studies (Hui, 1996a; FAO/WHO, 1994; Nelson, 1990; Katin 
at al, 1995). High dietary fat intake has also been linked to reduced 
longevity and altered reproduction in laboratory animals and altered 
immunity, altered steroid excretion, and effects on bone modeling and 
remodeling in humans.
    Some vegetable oils and animal fats contain toxic constituents, 
including specific fatty acids and oxidation products formed by 
processing, heating, storage, or reactions in the environment (Hui, 
1996a; Berardi and Goldblatt, 1980; Yannai, 1980; Mattson, 1973). Toxic 
effects on the heart, red blood cells, and immune system; effects on 
metabolism; and impairment of reproduction and growth can be caused by 
constituents or transformation products of vegetable oils and animal 
fats. In addition, some constituents of vegetable oils and animal fats 
cause cancer in rainbow trout, while lipid oxidation products may play 
a role in the development of cancer and atherosclerosis (Hendricks at 
al 1980a and 1980b).
    Acute Toxicity: Acute Lethality Test (LC<INF>50</INF> Test) 
Submitted by Petitioners. The tests by Aqua that were submitted by the 
Petitioners are acute lethality tests that measure only the death of 
organisms. These tests provide no data on nonlethal acute toxicity, 
including irreversible damage, or long-term effects experienced by 
organisms and ecosystems. The LC<INF>50</INF> (lethal concentration 50) 
value or LD<INF>50</INF> (lethal dose 50) value does not describe a 
``safe'' level but rather a level at which 50% of test organisms are 
killed under the experimental conditions of the test (Rand and 
Petrocelli, 1985; Klaassen et al., 1986). (A high LC<INF>50</INF> value 
indicates low acute lethal toxicity, for a large concentration of 
chemical is needed to cause 50% mortality.) If the Aqua test results 
were accurate, they would indicate that diesel fuel kills half the 
population of fathead minnows at lower concentrations than aerated 
crude soybean oil, RBD soybean oil, and beef tallow. Spills of 
petroleum oils, vegetable oils and animal fats that result in 
LC<INF>50</INF> concentrations in the environment could kill half the 
organisms with sensitivity similar to fathead minnows when conditions 
are identical to those in the Aqua tests.
    Although the manner in which the Aqua tests were conducted 
precludes accurate determination of the LC<INF>50</INF> values, the 
tests nevertheless demonstrate that petroleum oils and vegetable oils 
and animal fats can injure and kill fish by toxicity or oxygen 
depletion and suffocation. In the first set of the Aqua tests, all of 
the minnows exposed to diesel fuel and unaerated crude soybean oil 
died. The fish surfaced and gulped for air or swam spasmodically before 
dying, just as they do in the environment when suffocating from oxygen 
depletion following spills of petroleum and non-petroleum oils, 
including vegetable oils and animal fats.
    Results Questionable. However, the test procedures used by Aqua 
render questionable the results suggesting that diesel fuel is more 
deadly at lower concentrations than soybean oil. The procedures deviate 
in important ways from standardized methodology, although the Aqua 
report states that test procedures are based on accepted methodologies. 
Appendix I, Table 3: Comparison of Aqua Methods and Standard Acute 
Aquatic Testing Methods lists key differences between the methods used 
by Aqua and the standard methods referenced in the Aqua report as well 
as more recent methods published by these same organizations that were 
omitted from the Aqua report. The accuracy of the LC<INF>50</INF> 
estimates provided by Aqua is highly doubtful because of the following 
deficiencies:
    <bullet> Oxygen depletion. In the first set of Aqua tests, 
dissolved oxygen was below acceptable levels in the vessels with crude 
soybean oil. It is impossible to determine whether oxygen depletion or 
toxicity killed fish.
    <bullet> Short exposure period. The Aqua tests were conducted for 
only 48 hours, instead of the 96 hours used in most methods. Fish that 
are alive at 48 hours may not survive for 96 hours.
    <bullet> Unknown concentrations of test material encountered by 
fish during the test: (1) Oil sheens floated on test solutions and 
cloudiness was so severe that fish could not be observed for 24 hours; 
(2) the Aqua report contained no data on actual chemical concentrations 
of parent chemical or breakdown product, a critical determination in 
static tests where concentrations change over time (Rand and 
Petrocelli, 1985; NAS, 1985c). Aqua relied instead on the original 
nominally designated concentrations that are highly dubious, especially 
given the turbidity of the test solutions that cleared up over the 
course of the test, the likely degradation of test material in the 
aerated test system, and the use of vessels that were not stainless 
steel or glass and may have adsorbed test material; (3) the Aqua test 
did not aerate all test solutions and controls, did not maintain 
dissolved oxygen concentration at 80% or more of the nominal 
concentration, and did not test non-aerated and aerated oils together--
requirements of standardized methods that allow gentle aeration. If 
vegetable oils degrade rapidly, as Petitioners claim elsewhere, 
aeration will increase the degradation of the oils in the test system; 
(4) the Aqua report provided no data on oil particle size, even when 
visual inspection showed that solutions of test material were cloudy 
and the NAS study referenced in the report cautioned against relying on 
visual inspections of clarity (NAS, 1985c); and (5) improper data 
reporting and evaluation. Results from two dissimilar tests were 
combined, although the tests

[[Page 54516]]

lacked a common test substance, used different test conditions, failed 
to measure actual concentrations, and included no estimates of 
variability between the two sets of tests. Aqua also failed to provide 
data on confidence intervals and slopes, as required by all of the 
standardized methods referenced by Aqua and by the Aqua protocol.
    Relevance of Acute Lethality Tests to Spills in the Environment 
Challenged. Serious questions remain about the relevance of the 
LC<INF>50</INF> laboratory results to spills in the environment (NAS, 
1985c, 1985e). The many test variables that influence estimates of 
LC<INF>50</INF>--including the nature of the chemicals or mixtures 
tested, test parameters (e.g., route and method of administration, 
frequency and duration of exposure, mixing energy, temperature, 
salinity, static vs. flow-through systems, duration of observations) 
and biological factors (e.g., species selected for testing, sex, age or 
life-stage, weight, contamination history of the organism)--rarely 
reflect the conditions that occur following a spill (Rand and 
Petrocelli, 1985; NAS, 1985c; Wolfe, 1986; Abel, 1996). The water-
soluble fraction used in static tests does not simulate the dynamic 
process of the change in stages between aqueous and oil phases that 
depends on parameters unique to each spill (NAS, 1985c). Once oil is 
spilled in the environment, the composition, concentration, and 
toxicity of oil and its components can be profoundly altered by 
chemical and biological processes, such as evaporation and biological 
oxidation.
    Further, acute lethality tests by their very nature usually provide 
no data on toxic effects other than death (NAS, 1985c; Rand and 
Petrocelli, 1985; Klaassen et al., 1986). Indeed, a widely-used 
toxicology text warns that ``defining acute toxicity based only on the 
numeric value of an LD<INF>50</INF> is dangerous'' (Hayes, 1982). 
Animals that survive a toxic response nevertheless may suffer 
irreversible damage (NAS, 1985e). These nonlethal, adverse effects must 
be considered in assessing the risks of chemical exposure. Nor do acute 
lethality tests measure long-term effects or effects on ecological 
communities or changes in predator-prey relationships which occur, for 
example, when animals coated with spilled oil are weakened and become 
more susceptible to predators.
    Acute Toxicity: Other Acute Lethality Tests (Aquatic Tests). (See 
Appendix I, Table 2, for other aquatic lethality information.) Free 
fatty acids are among the products formed from vegetable oils and 
animal fats by processing, storage, heating, or reactions in the 
environment. Static tests with juvenile fathead minnows indicate that 
oleic acid, which is found in Canola, safflower, and sunflower oils, is 
more acutely lethal at 96 hours than at 24 hours and is intermediate in 
lethality in tests of a series of 26 organic compounds (USEPA, 1976; 
Hui, 1996a).
    Acute Toxicity: Other Acute Lethality Tests (Tests with Laboratory 
Animals). (See Appendix I, Table 2.) Studies comparing the acute 
lethality of corn oil, cottonseed oil, and mineral oil in albino rats 
show that by one measure cottonseed oil and corn oil are more toxic 
than petroleum-derived mineral oil, although interpretation of the 
studies is complicated by differences in the experimental protocol 
(Boyd, 1973). No albino rats receiving mineral oil by gavage (tube into 
stomach) for 15 days died, while smaller doses of cottonseed oil and 
corn oil administered for a shorter time period killed rats.
    The toxic effects differed significantly in rats receiving corn oil 
or cottonseed oil and those administered mineral oil (Boyd, 1973). 
Clinical signs of toxicity in rats receiving corn oil or cottonseed oil 
included anorexia (decreased appetite), loss of body weight, abnormal 
lack of thirst, decreased urination, diarrhea, fur soiling, 
listlessness, pallor (pale skin), incoordination, cyanosis (dark blue 
skin color from deficient oxygenation of the blood), and prostration 
(Boyd, 1973). Rats administered corn oil died after respiratory failure 
and hypothermic coma, while death followed central nervous system 
depression and coma in rats ingesting cottonseed oil. Autopsies showed 
violent local irritation of the gastrointestinal tract that allowed the 
absorption of oil droplets into the bloodstream. Oil droplets were 
deposited in many body organs with resultant inflammation, vascular 
congestion, degenerative changes in the kidney, and other effects. In 
contrast, no deaths occurred among rats administered mineral oil for 15 
days and clinical signs differed in many respects from those observed 
in rats treated with corn or cottonseed oil.
    Chronic Toxicity. Appendix I, Table 2 summarizes the chronic 
toxicity of vegetable oils and animal fats and petroleum oils. Cancer 
and adverse effects on growth, reproduction, development, and longevity 
as well as other toxic effects have been observed in several species 
following chronic or subchronic exposures to vegetable oils and animal 
fats or their constituents. (Subchronic exposures are longer than acute 
exposures, generally 1-3 months for rodents and longer than 4 days for 
aquatic species.)
    Dietary fat and some classes of fats that are found in vegetable 
oils and animal fats have been associated with the increased incidence 
of some types of cancer, including mammary and colon cancer, in 
laboratory animals and humans (Hui, 1996a; USDHHS, 1990; FAO/WHO, 
1994). The intake of dietary fat or of certain types of fat has also 
been correlated with the incidence of coronary artery disease, 
diabetes, and obesity in epidemiological studies. High dietary fat 
intake has also been linked to reduced longevity and altered 
reproduction in laboratory animals and altered immunity, altered 
steroid excretion, and effects on bone modeling and remodeling in 
humans.
    In addition, some vegetable oils and animal fats contain toxic 
constituents or form toxic degradation products, including specific 
fatty acids and oxidation products, when they undergo processing, 
heating, storage, or reactions in the environment. The toxic effects of 
these chemicals are summarized briefly in Appendix I, Table 2 and 
described further in section II.5.d Toxicity of Specific Fatty Acids 
and Other Constituents of Vegetable Oils and Animal Fats. Among the 
toxic effects observed after exposure to these chemicals are cardiac 
toxicity, rupture of red blood cells, growth suppression, anemia, 
impaired reproduction, and adverse effects on the immune system and 
metabolism. In addition, the cyclopropene fatty acid constituents of 
cottonseed oil and some other vegetable oils cause liver cancer in 
rainbow trout and increase carcinogenesis of other chemicals, and some 
oxidation products may play a role in the development of colon cancer 
and atherosclerosis.
    Cancer. Unlike petroleum oils that contain a large proportion of 
PAHs, including some PAHs that are animal and/or human carcinogens, 
vegetable oils and animal fats contain only small amounts of PAHs 
(Kiritsakis, 1991; IARC, 1984). Dietary fat intake and consumption of 
some classes of fats that are found in vegetable oils and animal fats 
have been implicated in the development of certain types of cancer--
including cancer of the breast and colon and probably cancer of the 
prostate and pancreas--in studies of laboratory animals and in 
epidemiological studies (NAS/NRC, 1985c; Hui, 1996a; USDHHS, 1990; FAO/
WHO, 1994). An expert panel organized by two United Nations 
organizations concluded that abundant data show that animals fed high-
fat diets develop tumors of the mammary gland, intestine, skin, and 
pancreas more readily than animals fed low-fat diets, although caloric 
restriction can override

[[Page 54517]]

the effect (WHO/FAO, 1994). Animal studies also indicate correlations 
between total fat intake and liver cancer and between high-fat diets 
and certain types of chemically-induced or light-induced skin tumors. 
Studies describing the relationships between fat consumption and cancer 
in animals and humans have been summarized recently (Hui, 1996a).
    Development of some types of cancer is influenced by the type of 
fat consumed. Breast cancer increased (shortened latency period for 
tumor appearance, promotion of growth, and increased mammary tumor 
incidence) in rodents receiving diets rich in the essential fatty acid 
linoleic acid (polyunsaturated fatty acid or PUFA of the n-6 family) 
compared to rodents consuming diets high in saturated fatty acids (Hui, 
1996a). In contrast, fish oil containing different fatty acids (n-3 
PUFA) inhibited mammary tumor development, probably by inhibiting the 
effects of linoleic acid. The incidence of colon cancer is strongly 
associated with diet, especially diets high in total fat and low in 
fiber content in laboratory animals and epidemiological studies (Hui 
1996a; USDHHS, 1990). Some types of fat, such as dietary cholesterol 
and certain long-chain fatty acids, have been proposed as colon cancer 
promoters, while other types of fat (n-3 PUFA) may inhibit development 
of colon cancer (Hui, 1996a).
    Non-Carcinogenic Toxic Effects. The non-carcinogenic toxic effects 
of vegetable oils and animal fats on aquatic organisms and laboratory 
animals are summarized in Appendix I, Table 2, briefly described below 
and are discussed in greater detail in the Technical Document.
    Non-Carcinogenic Toxic Effects on Mussels. The detrimental 
environmental effects of sunflower oil have been investigated 
extensively in laboratory studies and in the field at the site of the 
1991 wreck of the cargo tanker M.V. Kimya, where much of its 1500-tonne 
cargo of crude sunflower oil was spilled over a 6-9 month period (Mudge 
et al., 1993, 1994, 1995; Mudge, 1995, 1997b; Salgado, 1992, 1995). 
Mussels died in the intertidal shores at sites near the wreck; in other 
areas where mussels survived, their lipid profiles revealed an altered 
fatty acid composition reflecting the fatty acids in sunflower oil 
(Mudge et al., 1995; Mudge, 1995, 1997a, 1997b; Salgado, 1992, 1995). 
Mobile species that left the spill area were replaced with other 
species, affecting diversity.
    Sunflower oil, olive oil, rapeseed oil, and linseed oil produced 
several types of adverse effects in mussels at low exposure rates in 
the laboratory (Salgado, 1995; Mudge, 1995; Mudge, 1997a). These four 
vegetable oils killed mussels or reduced their growth rate as much as 
fivefold within 4 weeks, even at low exposure rates (1 part of oil in 
1000 in a flow-through sea water system). Mussels exposed to sunflower 
oil were more likely to die. Exposure to sunflower oil created 
behavioral differences in the mussels, such as decreased foot extension 
activity and altered gaping patterns. Interference with foot extension 
activity that allows the mussels to form threads for attachment to the 
substratum can dislodge mussels and endanger their survival; removal of 
the oil reversed the effect (Salgado, 1995).
    All four oils killed mussels in mortality studies in the 
laboratory; 10% mortality was observed in mussels exposed to sunflower 
oil, rapeseed oil, or olive oil for up to 4 weeks, while 70% or 80% 
mortality was reported when mussels were exposed to linseed oil 
(Salgado, 1995; Mudge, 1997b). No control mussels died. Mussels began 
dying the second week after exposure to linseed or sunflower oil, and 
later when exposed to rapeseed or olive oil. Death may have been caused 
by suffocation in mussels that refused to gape in the presence of the 
oil or by formation of a toxic metabolite. The death of mussels in 
aerated growth tanks where anoxia (lack of oxygen) was not the cause of 
death suggests that vegetable oils kill mussels through mechanisms of 
toxicity.
    The shells of mussels exposed to the vegetable oils in the 
laboratory lacked the typical nacre lining, perhaps because of altered 
behavior in the presence of oil stressors (Salgado, 1995; Mudge, 
1997a). The internal shell surfaces of mussels treated with vegetable 
oils were chalky in contrast to controls that exhibited an iridescent 
luster. Prolonged closure of the mussels in response to oil can cause 
anoxia and increase the acidity of the internal water with dissolution 
of the inner shell.
    Sunflower oil from the wreck of the M.V. Kimya polymerized in water 
and on sediments and formed hard ``chewing gum balls'' that washed 
ashore over a wide area or sank, contaminating the sediments inhabited 
by benthic and intertidal communities near the spill (Mudge, 1995). 
Concrete-like aggregates of sand bound together with sunflower oil 
remain on the shore near the site of the M.V. Kimya spill almost six 
years later (Mudge, 1995, 1997a, 1997b; Mudge et al., 1995). In 
laboratory experiments with saltmarsh sediments simulating a spill over 
a 35-day period, linseed oil percolated rapidly through the sediments 
but sunflower oil polymerized and formed an impermeable cap, reducing 
oxygen and water permeability (Mudge et al., 1995; Mudge, 1997a). In 
the environment, oxygen reduction would eventually produce anoxia in 
sediments with the death and removal of benthic organisms, changes in 
species from a community that is aerobic to an anaerobic community, and 
erosion of the saltmarsh sediments (Mudge et al., 1994, 1995).
    Non-Carcinogenic Toxic Effects on Fish. Other studies have also 
shown that exposure to an excess of fat or fatty acids can be 
detrimental to fish, even though fish and other aquatic organisms 
require certain essential fatty acids for growth and survival. Poor 
growth and low feed efficiency were observed in rainbow trout fed 4% or 
more of certain polyunsaturated acids (Takeuchi and Watanabe, 1979). 
High levels of dietary fatty acids reduced growth in channel catfish; 
while saturated, monounsaturated, or PUFA from fish oil enhanced 
channel catfish growth (Stickney and Andrews, 1971, 1972). Some dietary 
fatty acids inhibited the growth of common carp, but saturated and 
monounsaturated acids and other classes of polyunsaturated fatty acids 
from fish oil enhanced carp growth (Murray et al., 1977). More recent 
papers show the relatively efficient use of high levels of dietary 
lipid by warmwater and coldwater fishes, provided essential fatty acid 
requirements are met (NAS/NRC, 1981a, 1983). Increased lipid intake, 
however, has been associated with increased deposition of body fat.
    Non-Carcinogenic Toxic Effects on Laboratory Animals. The chronic 
toxic effects of petroleum oils and vegetable oils and animal fats on 
laboratory animals are summarized in Appendix I, Table 2 and detailed 
in the accompanying Technical Document. High levels of dietary fat have 
been associated with shortened lifespan and altered reproduction in 
laboratory animals (NAS/NRC, 1995). While 5% dietary fat is recommended 
for most laboratory animals, growth usually increases significantly 
when animals are fed higher levels of fat. Apparently, this increased 
growth comes at a high cost, however, for longevity is often reduced 
and reproduction may be affected adversely in animals consuming high 
levels of fat.
    The relationship between dietary fat intake and kidney diseases has 
been demonstrated in laboratory animals (Hui, 1996a). Rats, rabbits, 
and guinea pigs fed high cholesterol diets developed kidney damage. 
Diets containing 2% cholesterol increased the

[[Page 54518]]

incidence or severity of coronary atherosclerosis in rats exposed 
chronically to the cold (Sellers and Baker, 1960). Histological 
aberrations in the small intestine and nearby lymph nodes have also 
been reported in rats consuming high doses of fish oil concentrate in a 
subchronic toxicology study (Rabbani et al., 1997).
    Increasing the consumption of some dietary lipid components, such 
as oleic acid and cholesterol, also increases the need for other fatty 
acids in rats (NAS/NRC, 1995). The ratios of PUFA and polyunsaturated 
to saturated fatty acids greatly influence tissue lipids and the 
formation of important compounds, such as prostaglandins. The type of 
fat can influence bone formation rates and fatty acid composition of 
cartilage in chicks (Hui, 1996a).
    Toxicity of Specific Fatty Acids and Other Constituents of 
Vegetable Oils and Animal Fats. In addition to the adverse effects 
produced in humans and other animals by high fat diets or by 
consumption of certain classes of fats and oils, toxic effects can be 
produced by constituents of some animal fats and vegetable oils, 
including specific fatty acids and gossypol, and their transformation 
products (Hui, 1996a; Berardi, 1980; Yannai, 1980; Mattson, 1973). 
While plant breeding and processing can reduce the levels of some 
constituents in the final product, the constituents are present during 
the early stages of processing and storage of some vegetable oils and 
may enter the environment. Although the development of varieties of 
glandless, gossypol-free cottonseed and new varieties of rape seed with 
little erucic acid have reduced these two constituents in some oils, 
gossypol is found in crude oils and in oils derived from older 
cottonseed varieties with greater resistance to disease and insects and 
high amounts of erucic acid are contained in rapeseed oil used for the 
manufacture of lubricants and fatty acid derivatives (Hui, 1996a, 
1996b). Toxic materials can be formed during normal processing 
procedures, heating, and storage or by reactions that occur when such 
materials are released in the environment. Spills of crude vegetable 
oils may differ greatly in their toxicity and other effects from spills 
of processed vegetable oils and animal fats. Figure 1: Toxicity and 
Adverse Effects of Components and Transformation Products of Vegetable 
Oils and Animal Fats illustrates the variety of toxic effects that may 
be caused by constituents and breakdown products of vegetable oils and 
animal fats. For example, small amounts of gossypol are lethal when 
they are ingested for prolonged periods despite the relatively high 
LD<INF>50</INF> values obtained in acute toxicity tests; fat 
accumulated in heart muscle of weanling rats after a single day of 
consuming diets containing erucic acid; and cyclopropene acids, such as 
sterculic acid, are liver carcinogens in rainbow trout (Berardi, 1980; 
Mattson, 1973; Hendricks et al., 1984). Phytoestrogens, which occur 
naturally in some legumes and oils, including soybean, fennel, coffee, 
and anise oils, exhibit estrogen-like activity in reproductive organs 
of laboratory animals (Hui, 1996a; Sheehan, 1995; Levy et al., 1995).
    When vegetable oils are spilled, air, moisture and heat in the 
environment can cause these oils to form various harmful oxidation 
products, which may be more toxic than the original product. Releases 
of used oil from restaurants or releases of oil during refining may 
already contain toxic oxidation products that may be further oxidized 
in the environment. Cholesterol oxidation products or COPs that are 
formed by autooxidation of cholesterol when it is exposed to air, heat, 
photooxidation, and oxidative agents have numerous biological 
activities and may play a role in the development of atherosclerosis 
(Hui, 1996a). Lipid oxidation products (LOPs) that can be formed when 
unsaturated fatty acids are oxidized upon exposure to oxygen, light, 
and inorganic and organic catalysts have been associated with colon 
cancer (Hui, 1996a; Hoffmann, 1989; Lawson, 1995).

  Figure 1. Toxicity and Adverse Effects of Components and Transformation Products of Vegetable Oils and Animal 
                                                      Fats                                                      
----------------------------------------------------------------------------------------------------------------
  Component or transformation products            Type of oil                           Effects                 
----------------------------------------------------------------------------------------------------------------
Gossypol <SUP>1,2,3 .........................  Cottonseed oil.............  Cardiac irregularity in several species  
                                                                        of animals, death from circulatory      
                                                                        failure or rupture of red blood cells   
                                                                        and decreased oxygen-carrying capacity  
                                                                        in blood.                               
                                                                       Discolors egg yolks in laying hens by    
                                                                        interacting with yolk iron; effect      
                                                                        decreased by ferrous sulfate, increased 
                                                                        by cyclopropene fatty acids in          
                                                                        cottonseed oil.                         
                                                                       Crosslinks proteins in several species;  
                                                                        reduces protein quality, uncouples      
                                                                        respiratory-linked energy processes,    
                                                                        reduces activity of respiratory enzymes 
                                                                        and protein kinases and proteins        
                                                                        involved in sterol, steroid, and fatty  
                                                                        acid metabolism.                        
                                                                       High LD<INF>50 in acute tests for mice and    
                                                                        swine, but small amounts are lethal when
                                                                        ingested for prolonged period.          
                                                                       Death from pulmonary edema in subacute   
                                                                        poisoning; wasting and lack of          
                                                                        assimilation of food with chronic       
                                                                        poisoning.                              
                                                                       Depressed appetite, loss of body weight, 
                                                                        diarrhea, effects on red blood cells,   
                                                                        heart and lung congestion, degenerative 
                                                                        changes in liver and spleen, various    
                                                                        pathological effects depending on       
                                                                        species.                                
                                                                       Body weight depression, reduced sperm    
                                                                        production and motility in male rats;   
                                                                        loss of appetite, diarrhea, hair loss,  
                                                                        anemia, hemorrhages in stomach and      
                                                                        intestines, congestion in stomach,      
                                                                        intestines, lungs, and kidneys of rats. 
                                                                       Spastic paralysis of hind legs,          
                                                                        degeneration of sciatic nerve, rapid    
                                                                        pulse, cardiac effects in cats.         
                                                                       Posterior incoordination, stupor,        
                                                                        lethargy, weight loss, diarrhea,        
                                                                        vomiting, loss of appetite, lung and    
                                                                        heart congestion, hemorrhaging of liver,
                                                                        fibrosis of spleen and gallbladder in   
                                                                        dogs.                                   
                                                                       Stupor, lethargy, loss of appetite,      
                                                                        spastic paralysis, decreased litter     
                                                                        weights, congestion of large intestine, 
                                                                        hemorrhaging in small intestines, lungs,
                                                                        brain, and legs in rabbits.             

[[Page 54519]]

                                                                                                                
                                                                       Weight loss, decreased appetite, leg     
                                                                        weakness, reduced red blood cells,      
                                                                        congestion, vacuoles in liver, enlarged 
                                                                        gallbladder and pancreas, decreased egg 
                                                                        size, decreased egg hatchability,       
                                                                        discolored yolk in poultry.             
                                                                       Thumps or labored breathing, weakness,   
                                                                        emaciation, diarrhea, enzyme effects,   
                                                                        hair discoloration, dilated heart,      
                                                                        reduced hemoglobin, lipid in kidneys,   
                                                                        widespread congestion of organs in      
                                                                        swine.                                  
                                                                       Erratic appetite, breathing difficulties,
                                                                        fatty degeneration of liver, decreased  
                                                                        blood clotting, and death in young      
                                                                        calves but no toxicity in older         
                                                                        ruminants.                              
                                                                       No human toxicity in China, where        
                                                                        gossypol used as male contraceptive,    
                                                                        antifertility reversible.               
Erucic Acid <SUP>2,4,5 ......................  Rapeseed oil, mustardseed    Adverse effects on heart in laboratory   
                                           oil.                         animals; inflammation of heart in rat , 
                                                                        fat deposition until fat content of     
                                                                        heart 3 to 4 times normal, fat droplets 
                                                                        visible in heart followed by mononuclear
                                                                        cell infiltration and replacement of fat
                                                                        and droplets with fibrous tissue in     
                                                                        muscle; weanling rats accumulated fat in
                                                                        heart muscle after only one day; fatty  
                                                                        infiltration of heart absent with fully 
                                                                        hydrogenated rapeseed oil, indicating   
                                                                        effects from erucic acid; erucic acid in
                                                                        heart muscle in rats exposed long-term; 
                                                                        changes in skeletal muscle in rats.     
                                                                        Lipid accumulation in hearts of rats,   
                                                                        hamsters, minipigs, squirrel monkeys and
                                                                        ducklings; fluid accumulation around    
                                                                        heart and liver cirrhosis in ducklings. 
                                                                       Enlarged spleen, increased cell          
                                                                        permeability and destruction of red     
                                                                        blood cells in guinea pigs (erucic and  
                                                                        nervonic acids in rapeseed oil).        
                                                                       Growth suppression in rats, pigs,        
                                                                        chickens, turkeys, guinea pigs,         
                                                                        hamsters, and ducklings fed rapeseed    
                                                                        oil; suppressed body weight gain in rats
                                                                        fed fats plus erucic acid.              
                                                                       Degenerative changes in liver and kidney,
                                                                        fewer and smaller offspring in rats fed 
                                                                        high levels of rapeseed oil.            
Cyclopropene Fatty Acids                  Cottonseed oil, kapok seed   Discolors egg whites, can be removed by  
 <SUP>2,3,4,6,7,8,9,10 .                        oil, cocoa butter.           hydrogenation; growth suppression in    
                                                                        rats; reduced comb development in       
                                                                        roosters.                               
                                                                       Impaired female reproduction in          
                                                                        laboratory animals and hens; depressed  
                                                                        egg production, reversible in hens;     
                                                                        embryomortality in hens and rats;       
                                                                        developmental abnormalities in rats,    
                                                                        increased mortality in rat pups.        
                                                                       Liver carcinogen in rainbow trout;       
                                                                        increases carcinogenic effects of other 
                                                                        chemicals; adverse effects on           
                                                                        cholesterol and fatty acid metabolism in
                                                                        several species; aortic atherosclerosis 
                                                                        in rabbits; liver damage in rabbits and 
                                                                        rainbow trout.                          
Oxidation Products <SUP>2,4,11,12,13,14,\<SUP>15\.  Many vegetable oils and      Cholesterol Oxidation Products (COPs):   
                                           animal fats.                 Numerous biological activities include  
                                                                        adverse effects on blood vessels,       
                                                                        destruction of cells, mutagenicity,     
                                                                        suppression of immune response,         
                                                                        inhibition of certain metabolic         
                                                                        mechanisms; may contribute to           
                                                                        development of atherosclerosis.         
                                                                       Lipid Oxidation Products (LOPs):         
                                                                        Associated with colon cancer; lipid     
                                                                        peroxides act as cancer promoters or    
                                                                        cocarcinogens and form crosslinks       
                                                                        between DNA and proteins; lipid         
                                                                        peroxidation correlated with severity of
                                                                        atherosclerosis.                        
                                                                       Oxidative fatty acid fraction of products
                                                                        of thermal and oxidative changes from   
                                                                        prolonged heating of fats and oils in   
                                                                        laboratory studies (may not simulate    
                                                                        commercial heat treatment); severe heart
                                                                        lesions, distended stomach, kidney      
                                                                        damage, hemorrhage of liver and other   
                                                                        tissues, reduced liver enzyme activity  
                                                                        in laboratory animals; reduced body     
                                                                        weight gain and feed consumption,       
                                                                        enlarged liver and kidney, damage to    
                                                                        thymus and sperm reservoir, diarrhea,   
                                                                        skin inflammation, and fur loss in      
                                                                        weanling rats fed heated corn and peanut
                                                                        oil; reduced antioxidant tocopherol in  
                                                                        gastrointestinal tract of chicks fed    
                                                                        thermally oxidized PUFA; reports of     
                                                                        formation of cocarcinogens during       
                                                                        heating of corn oil and promotion of    
                                                                        chemically-induced mammary tumors.      
Branched Chain Fatty Acids<SUP>3,4,16........  Ruminant fats, dairy         Individuals with genetic disorder        
                                           products.                    Refsum's syndrome: neurological         
                                                                        abnormalities resulting from inability  
                                                                        to metabolize branched chain fatty      
                                                                        acids.                                  
----------------------------------------------------------------------------------------------------------------
\1\ Berardi and Goldblatt, 1980                                                                                 
\2\ Hui, 1996a                                                                                                  
\3\ Hayes, 1982                                                                                                 
\4\ Mattson, 1973                                                                                               
\5\ Roine et al., 1960                                                                                          
\6\ Phelps et al., 1965                                                                                         
\7\ Lee et al., 1968                                                                                            
\8\ Miller et al., 1969                                                                                         
\9\ Hendricks et al., 1980a                                                                                     
\10\ Hendricks et al., 1980b                                                                                    
\11\ Yannai, 1980                                                                                               
\12\ Boyd, 1973                                                                                                 
\13\ Frankel, 1984                                                                                              
\14\ Artman, 1969                                                                                               
\15\ Andrews et al, 1960                                                                                        
\16\ Steinberg et al., 1971                                                                                     


[[Page 54520]]

6. Epidemiological Studies
    Although the focus of this document is the environmental effects of 
spilled vegetable oils and animal fats, a brief discussion of the 
effects of these oils on human health is included for several reasons. 
First, the ENVIRON report submitted by the Petitioners incorrectly 
states that there are no accumulating or otherwise harmful components 
in animal fats and vegetable oils that are irritating, toxic, or 
carcinogenic; and that animal fats and vegetable oils are consumed 
safely by wildlife and humans. The large number of human health 
studies, many with a substantial population size, provide a significant 
data base for examining the effects of long-term oral exposure to fats 
and certain classes of fats or their components or degradation 
products.
    Second, humans may be exposed to spilled non-petroleum and 
petroleum oils through several routes. Inhalation of harmful vapors and 
dusts or mists and aerosols is often a significant route of human 
exposure to spilled petroleum oils, though it is rarely an important 
exposure route of less volatile vegetable oils and animal fats.
    Third, humans and many animals often handle chemicals by similar 
mechanisms in the body and exhibit similar toxic effects, a tenet 
underlying the frequent use of animal tests in evaluations of human 
health risk. For example, certain PAHs that are human carcinogens also 
cause cancer in laboratory animals and in fish and other aquatic 
organisms in the environment. Thus, the findings of epidemiology 
studies are relevant to the evaluation of mechanisms of toxicity in 
animals, particularly when the epidemiology studies are large enough to 
overcome statistical limitations that are found with smaller data sets.
    a. Human Health. Although fat is a major component of the human 
diet, the consumption of high amounts of fat or certain types of 
dietary fats and oils has been associated with several chronic diseases 
(Hui, 1996a; FAO/WHO, 1994; Nelson, 1990; Katan et al., 1995). In a 
number of epidemiology studies, the intake of dietary fat and some fat 
types (e.g., saturated fats, unsaturated fats, polyunsaturated fatty 
acids, trans-fatty acids, cholesterol) has been correlated with the 
incidence of coronary artery disease. Dietary fat consumption has been 
associated with the incidence of certain types of cancer, including 
mammary and colon cancer, presumably because dietary fat is acting as a 
cancer promoter. Dietary fat intake has also been linked to 
hypertension, diabetes, and obesity (Hui, 1996a). Other studies report 
that high dietary fat intake is related to altered immunity and altered 
steroid excretion and may affect bone modeling and remodeling.
    In many animal and human studies, dietary fat intake has been 
linked to cardiovascular disease and atherosclerosis through its 
effects on the levels of cholesterol and triglycerides in plasma and 
the lipid composition of lipoproteins (Hui, 1996a). A 2% rise in risk 
of coronary heart disease has been predicted for every 1% increase in 
serum cholesterol. The American Heart Association, American Cancer 
Society, and National Cancer Institute have recommended lowering fat 
intake to 30% of total consumed calories in adults; the American Heart 
Association also recommends limiting the intake of polyunsaturated 
fatty acids to less than 10% of calories and replacing saturated acids 
with monounsaturated acids (USDHHS, 1990; FAO/WHO, 1994; Hui 1996a).
    b. Comparison of Effects From Oil Spills With Human Consumption of 
Vegetable Oils and Animal Fats. The ENVIRON report, which was submitted 
by the Petitioners, draws incorrect comparisons between the human 
consumption of vegetable oils and animal fats and the environmental 
effects of oil spills. The effects on humans who consume small 
quantities of vegetable oils and animal fats in their foods cannot be 
easily translated to environmental effects produced by oil spills. 
These situations differ in many respects. A few of the differences are 
highlighted below:
    <bullet> Differences in factors relating to the host organism: 
Sensitivity; humans may not be the most sensitive species. Species 
differences; while similarities in metabolism and biokinetic parameters 
exist between some species, it is often unclear how effects on humans 
can be translated to effects on fish. Differences in susceptibility; 
there are no controls for differences in genetics, age, life-stage, 
strain, gender, health, nutritional status, presence of other 
chemicals, or other factors inherent to the exposed organisms.
    <bullet> Differences in dose-response relationships. It is unclear 
how dose-response relationship can be extrapolated from humans to other 
species, even if such information had been provided.
    <bullet> Exposure. Exposure differs in route, frequency, and 
duration. Animals are exposed to large quantities of oil during an oil 
spill, and the exposure may be short-term or long-term. The animals may 
ingest the oil, or they may be exposed through their gills or skin. 
Humans consuming foods, however, are exposed to small quantities of 
oils for intermittent periods of time, and their exposure is via 
ingestion only.
    <bullet> Differences in chemical composition. The composition of 
oils used in small quantities in processed foods may differ from the 
composition of the oils spilled in the environment, particularly when 
the oils are acted upon by chemical and biological processes in the 
environment.
    <bullet> Environmental factors. The effects of oil in the 
environment depend on a wide variety of factors, including pH and 
temperature. These factors are different from those that affect humans 
consuming food oils.
    <bullet> Effects. Effects, such as reduced egg hatchability or 
effects on molting, cannot be measured in humans.
    <bullet> Ecosystems. Ecosystems, food webs, and predator-prey 
relationships can be affected by oil spills; these are not factors in 
determining human health effects.
    <bullet> Statistical power of studies. Those epidemiologic studies 
with large numbers of people have demonstrated possible adverse effects 
from consumption of high levels of dietary fat or types of fat. 
Negative studies may indicate that too few subjects were included in 
the study or that confounding factors obscured the effect because of 
statistical limitations of the methodology.
7. Other Adverse Effects of Oil Spills
    a. Aesthetic Effects: Fouling and Rancidity. Fouling of beaches and 
shoreline and rancid odors have been reported after spills of vegetable 
oils and animal fats; some real-world examples are provided in section 
II.D.2. Rancidity is the deterioration of fats and oils in the presence 
of oxygen (oxidative rancidity) or water (hydrolytic rancidity) with 
formation of off-flavors and odors (Hui, 1996b, 1996d; Kiritsakis, 
1990). The hydrolysis and oxidation of spilled vegetable oils and 
animal fats and decomposition of hydroperoxides leads to formation of 
aldehydes, ketones, fatty acids, hydroperoxides, and other compounds 
that produce off-flavors and rancid odors. Rancidity occurs especially 
with oils that contain PUFA, such as linoleic acid (Hui, 1996a). Fish 
oils, which contain high levels of PUFA, are especially susceptible to 
oxidative rancidity and production of toxic byproducts and are often 
supplemented with antioxidants to reduce their oxidation.
    Unlike vegetable oils and animal fats, rancid odors have not been 
reported following petroleum oil spills, although off-flavors and 
tainting of fish have occurred (Crump-Wiesner, 1975;

[[Page 54521]]

Hartung, 1995). Fish collected near petroleum refineries or in 
petroleum-polluted areas can be tainted (Lee, 1977), and commercial 
species have been contaminated with petroleum oils (Michael, 1977). 
Thousands of observations of floating tar balls and beach tar have been 
tabulated over a 4-year period in a petroleum monitoring project for 
marine pollution (NAS, 1985d).
    b. Fire Hazards. While some petroleum oils and products present 
fire and explosion hazards, most vegetable oils and animal fats do not, 
unless flammable chemicals, such as hexane used during processing, are 
present or temperatures are elevated. A few vegetable oils, such as 
coconut oil (copra oil) are spontaneously combustible (Lewis, 1996). 
Because of their low vapor pressures, some petroleum products are 
highly volatile and flammable. In addition, most vegetable oils and 
animal fats have a high flash point (temperature at which decomposition 
products can be ignited), while the flash point for many petroleum 
products is below or near room temperature.
    Although most vegetable oils and animal fats do not easily catch 
fire by themselves, once fires begin they are difficult to extinguish 
and may cause considerable environmental damage. For example, a butter 
and lard fire in Wisconsin that was apparently started by an electric 
forklift resulted in the release of some 15 million pounds of melted 
butter that threatened nearby aquatic resources (Wisconsin, 1991a, 
1991b, 1991c; Wisconsin State Journal, 1991a, 1991b, 1991c, 1991d, 
1991e).
    c. Effects on Water Treatment. Oils and greases of animal and 
vegetable origin and those associated with petroleum sources have long 
been a concern in wastewater control (USEPA, 1979; Metcalf and Eddy, 
1972). Too much oil, i.e., spills or discharges of oil and grease to a 
municipal wastewater treatment system in quantities that exceed the 
levels the treatment plant was designed to handle, can overwhelm the 
water treatment plant that maintains sanitary conditions and removes 
water pollutants that are harmful to aquatic organisms or interfere 
with the recreational value of waters (Institute, 1985; Metcalf and 
Eddy, 1972). Certain fatty acid products, such as quaternary amines, 
may inhibit biological treatment and affect in-plant facilities and 
downstream municipal sanitary sewage treatment facilities (Hui, 1996d).
    Under normal operations, floating oil can be removed before 
wastewater is discharged to water treatment plants, and highly variable 
discharges of flow and organics can be minimized (Institute, 1985). 
With large quantities of spilled oil and high organic loads, however, 
these conditions may not be controlled adequately and water treatment 
systems can be damaged. To prevent potential damage to water treatment 
plants from oil spills, officials may halt water treatment and 
interrupt water supplies, as occurred when 15 municipal drinking water 
intakes were shut down following a spill of one million gallons of 
diesel fuel from a collapsed storage tank at the Ashland Oil facility 
in Floreffe, Pennsylvania in 1988 (USEPA, 1988).
8. FWS Comments
    The FWS submitted a memorandum with the following position to the 
EPA in 1994. The potential for harm from petroleum and non-petroleum 
oils is equivalent; the path to injury is different. Edible non-
petroleum oils cause chronic effects with the potential of mortality. 
Both petroleum and non-petroleum oil impact natural resources through 
the fouling of coats and plumage of wildlife. Secondary effects from 
fouling include drowning, mortality by predation, starvation, and 
suffocation. The removal of edible oil is more difficult and strenuous 
for wildlife due to the low viscosity of vegetable oil, which allows 
deeper penetration into body plumage or fur and thorough contamination 
of the wildlife.
    Edible oils ingested in large quantities can cause lipid pneumonia. 
Edible oil consumed by wildlife during preening or cleaning of their 
coats also acts as a laxative resulting in diarrhea and dehydration. 
Small amounts of edible oil on plumage can cause thermal circulation 
troubles and embryo death in eggs exposed to oil through disruption of 
egg/air interface (USDOI/FWS, 1994).

C. Petitioners' Claim: Animal Fats and Vegetable Oils Are Essential 
Components of Human and Wildlife Diets

    Petitioners claim that animal fats and vegetable oils are essential 
components of human and wildlife diets.
    EPA Response: While EPA agrees that some components of animal fats 
and vegetable oils are essential components of human and wildlife 
diets, EPA disagrees with the Petitioners that all animal fats and 
vegetable oils are essential components of human and wildlife diets. 
Most species require only one or two essential fatty acids. Most 
animals need some level of fat to supply energy and fat-soluble 
vitamins. Intake of high levels of dietary fat, some types of fat, and 
essential fatty acids, however, can cause adverse effects.
    While low levels of certain chemicals are essential for health, 
exposure to high levels of these chemicals produces toxicity. Numerous 
examples in the scientific literature demonstrate that essentiality 
does not confer safety and essential elements can produce toxic 
effects. Among these chemicals are vitamin A; the fatty acid a-
linolenic acid, an essential fatty acid in humans and coldwater fish; 
and trace metals such as iron, manganese, selenium, and copper 
(Klaassen et al., 1986; NAS, 1977a; USEPA, 1980; Rand and Petrocelli, 
1985; Abernathy, 1992; Hui, 1996a; NAS/NRC 1981a).
    Further, high levels of fats and oils alter the requirements for 
essential fatty acids and change the balance between certain types of 
lipids and fatty acids. For many species of fish and laboratory 
animals, levels of essential fatty acids must be increased for the 
animals to tolerate high lipid levels (NAS/NRC, 1983, 1995). High 
levels of some fatty acids (n-6 PUFA, including the essential fatty 
acid linoleic acid) deplete other fatty acids (n-3 PUFA, including the 
essential fatty acid a-linolenic acid), thereby creating nutritional 
deficiency. In addition, constituents of vegetable oils and animal fats 
also affect requirements for essential fatty acids. Erucic acid, a 
constituent of rapeseed oil, adversely affects reproduction in rats by 
interfering with the metabolism of essential fatty acids (Roine et al., 
1960).
    Animals often die from starvation after oil spills destroy their 
food supply by oiling food or making it unavailable. In addition to a 
reduction in food supply and a need to consume twice their normal 
amount of food to maintain body temperature (Hartung, 1965; 1995), 
oiled birds that are unable to float or fly cannot retrieve food from 
the water that usually provides their food. Bird rescuers have 
described dead birds with organs were filled with oil after eating 
oiled food or consuming oil while preening their feathers to remove oil 
(Croxall, 1975; Lyall, 1991; Frink and Miller, 1995). Thus, EPA finds 
that Petitioners' arguments are non-persuasive and have little 
relevance to the large quantities of oil released into the environment 
from oil spills.
1. Nutritional Requirements for Dietary Fat
    In addition to their roles in cellular structure, membrane 
integrity, and microsomal enzyme function, fats play an important 
nutritional role by supplying energy and essential nutrients (Rechigl, 
1981; Hui, 1996b; Van Soest,

[[Page 54522]]

1982). The caloric value of fats is more than twice that of 
carbohydrates or proteins (Hui, 1996a). Fats are a source of the fat-
soluble vitamins A, D, E, and K and are rich in antioxidants, including 
tocopherols, such as vitamin E, and carotenes such as provitamin A. 
They also facilitate the digestion and absorption of vitamins.
    The nutritional requirements for dietary fat vary greatly among 
species. A diet containing about 5% dietary fat is recommended for most 
laboratory animals (NAS/NRC, 1995). Growth usually increases greatly in 
animals fed a diet containing higher levels of fat, but lifespans are 
shortened and lactation performance and reproduction adversely affected 
in rats fed diets with 30% lipid (French et al., 1953). In minks, diets 
with 35-40% fat have been satisfactory for meeting energy requirements, 
but higher levels (44-53%) are recommended for fur development, 
pregnancy and lactation (NAS/NRC, 1992.) Up to 44% fresh fat was used 
in fox diets without detrimental effects (NAS/NRC, 1992). For coldwater 
fish, 10% to 20% lipid is needed in diets, and higher levels of lipid 
alter carcass composition by deposition of excess lipid and reduction 
of the percentage of body protein (NAS/NRC, 1981a).
    Nutritional requirements for fats are affected by environmental 
influences and the health status of the organisms. Birds must consume 
twice as much food after a spill for thermal regulation (Hartung, 
1967). In laboratory animals, the requirement for certain fatty acids 
(n-6 PUFA) is increased during lactation (NAS/NRC, 1995).
    For many animals (cattle, goats, and sheep), vitamin and energy 
requirements rather than specific dietary requirements for fat are 
enumerated (NAS/NRC 1981b; NAS/NRC, 1985; NAS/NRC, 1984). Certain types 
of fat are necessary for other animals. For example, sterols and 
perhaps lecithin are necessary for crustaceans (NAS/NRC, 1983).
    Dietary Requirements of Wild Animals. Unlike domestic animals that 
are fed under regimens to maximize their productivity, wild animals and 
free-ranging domestic animals may have different nutritional 
requirements for their survival, growth, and reproduction (Van Soest, 
1982). Diets that promote growth and obesity may also shorten life and 
are undesirable for wild animals.
2. Essential Fatty Acids (EFA)
    Certain unsaturated fatty acids that must be supplied in the diet 
are called essential, because humans or other animals lack the enzymes 
to synthesize them (Hui, 1996a; Rechigl, 1983). Two fatty acids are 
considered essential in humans--linoleic acid and a-linolenic acid (Hui 
1996a). These essential fatty acids are required for fetal development 
and growth. Long-chain n-3 polyunsaturated fatty acids, such as a-
linolenic acid, are needed by the brain and retina; learning 
disabilities and loss of visual acuity have been observed in animals 
with low levels of these fatty acids. A balance of PUFA from both the 
n-6 and n-3 families is needed to maintain health (Hui, 1996a).
    EFA requirements differ according to species. In chickens, 1% of 
the EFA linoleic acid is required; the essentiality of a-linolenic acid 
has not yet been proven for poultry (NAS/NRC, 1994). Linoleic acid is 
an EFA for pigs; arachidonic, which is generally added to swine diets, 
can be synthesized from linoleic acid (NAS/NRC, 1988). Minks require 
linoleic acid, and rabbits can develop EFA deficiency (NAS/NRC, 1992, 
1977b). Silver foxes need 2 to 3 grams of EFA linoleic and linolenic 
acids daily to prevent skin problems and dandruff (NAS/NRC, 1992). The 
dietary EFA requirements of ruminants are about an order of magnitude 
lower than those of non-ruminants (Van Soest, 1982).
    Studies of fish and crustaceans demonstrate that EFA requirements 
of aquatic animals vary with species and are apparently related to the 
ability of the animals to convert linolenic acid (18:3w3) to highly 
unsaturated fatty acids (Kanazawa et al., 1979). While some animals can 
synthesize necessary fatty acids, others require them in their diets. 
The n-3 fatty acids are essential for good health and growth in rainbow 
trout, red sea bream, and turbot (NAS/NRC, 1981a). For chum salmon, the 
requirement for linoleic and linolenic acids is 1%, or 0.5-1% for n-3 
PUFA in the diet. For coho salmon, the optimal level of n-3 fatty acids 
is 1-2.5%, and the optimal level of n-3 plus n-6 fatty acids appears to 
be approximately 2.5%. EFA requirements can be affected by many 
factors, including fat content of the diet and temperature. In fish, 
EFA requirements change with temperature and culture conditions (NAS/
NRC, 1983, 1981a.)
3. Adverse Effects of High Levels of EFAs
    While certain levels of fat and essential fatty acids are 
necessary, higher levels can produce adverse effects. Although 
requirements for linolenic acid, a n-3 polyunsaturated fatty acid, are 
as high as 0.5% of total caloric intake in humans, consumption of a 
diet high in the same family of fatty acids (n-3 PUFA) may cause 
oxidative stress to cell membranes through lipid oxidation reactions, 
thereby increasing requirements for antioxidants (Hui, 1996a).
    A balance of types of lipid and various fatty acids is needed. For 
example, many species of fish and laboratory animals tolerate high 
levels of lipid if the essential fatty acid levels are increased. (NAS/
NRC, 1983, 1995). Similarly, a high level of other dietary components 
can increase the need for certain PUFAs (n-6 PUFA) in rats, and alter 
the fatty acid balance (between n-6 PUFA and n-3 PUFA) (NAS/NRC, 1995). 
High levels of some fatty acids (n-6 PUFA) deplete other fatty acids 
(n-3 PUFA), thereby creating adverse effects associated with 
nutritional deficiency.
    Compared to rodents consuming diets high in saturated fatty acids, 
rodents receiving diets rich in linoleic acid--one of the two essential 
fatty acids for humans--exhibited increased development of breast 
tumors, including a shortened latency period for tumor appearance, 
promotion of tumor growth, and increased incidence of mammary tumors 
(Hui, 1996a). Once the dietary linoleic acid exceeded 4-5% of total 
calories, saturated or unsaturated fats linearly increased tumor 
incidence. Dietary linoleic acid enhanced the spread of mammary tumors 
to lungs in rats, apparently by acting as a cancer promoter. Fish oil, 
which contains n-3 PUFAs, inhibited mammary tumor development, 
apparently inhibiting the effects of linoleic acid.
    The importance of balance in essential fatty acids is clearly seen 
in studies of coldwater fish. An optimum level of unsaturated fatty 
acids is required for maximum growth of coldwater fish, and the 
requirement for n-3 fatty acids may be species-specific (NAS/NRC, 
1981a). EFA deficiency is characterized by poor growth as well as 
numerous other symptoms, and the deficiency of most symptoms can be 
reversed with certain fatty acids (n-3 PUFA); the addition of other 
fatty acids (n-6 PUFA) to the diet reverses some symptoms, while others 
are aggravated.
    In coho salmon, extremely low and high levels of n-3 fatty acids 
inhibit growth; concentrations of n-6 fatty acids above 1% also 
depressed growth (NAS/NRC, 1981a). In studies of rainbow trout fed 
different levels of triglycerides containing n-3 and n-6 fatty acids in 
diets containing 10% lipid, growth was reduced when diets were 
deficient in n-3 fatty acids, high in n-6 and low in n-3 fatty acids, 
or high in both n-3 and n-6 fatty acids.

[[Page 54523]]

4. Adverse Effects of High Levels of Fats and Oils
    Although fat intake is necessary to provide energy, vitamins, and 
EFA, ingestion of high levels of dietary fat can cause adverse effects 
in fish and aquatic species, other animals, and humans. The adverse 
effects of consumption of high levels of dietary fat and certain 
classes of fat by humans and animals have been discussed extensively in 
section II.C.3.
5. Relevance of EFA Principles to Spills
    For most animals, only one or two fatty acids are essential, and 
these are not necessarily the fatty acids present in an oil spill. 
Animals require only small quantities of these EFAs that are provided 
in a normal diet, and these quantities must be in balance. While low 
levels of one or two fatty acids are needed by some species, in several 
species tested, high levels of these fatty acids produce adverse 
effects by toxicity or by creating nutrient imbalances that deplete 
other essential nutrients.
    After a spill, high levels of animal fats and vegetable oils other 
than the EFA are present in the environment. High levels of total 
dietary fat, certain classes of fats, imbalances of types of fat, and 
some components and breakdown products produce adverse effects in 
laboratory animals and in some animals that have been examined in the 
field and are associated with adverse effects in humans. Further, some 
constituents of vegetable oils, such as erucic acid in cottonseed oil, 
actually interfere with EFA metabolism, thereby causing adverse effects 
(Roine et al., 1960).
    When food is coated with oil from a spill of vegetable oils or 
animal fats, animals are unable to forage or consume the food or suffer 
the consequences of ingesting large quantities of oil as they consume 
food. Oil-coated birds die of hypothermia or starvation when they are 
unable to obtain or consume twice their normal amount of food to 
provide the increased metabolic requirements needed to survive oil 
spills.
    Some oils, their constituents, or transformation products remain in 
the environment for years. By contaminating the food source biomass, 
reducing breeding animals and plants that provide future food sources, 
contaminating nesting habitats, and reducing reproductive success 
through contamination and reduced hatchability of eggs, oil spills can 
cause long-term effects for years even if the oil remains in the 
environment for relatively short periods of time.
6. FWS Comments on Essential Fatty Acids
    The FWS commented that although fats and oils are used by cells of 
living organisms in small amounts, too much will cause harm to 
organisms through means other than toxicity. Ingestion of concentrated 
vegetable oil or animal fat could cause indigestion, nausea, and 
diarrhea. This could incapacitate a bird or mammal (USDOI/FWS, 1994).

D. Petitioners' Claim: Animal Fats and Vegetable Oils Are Readily 
Biodegradable and Do Not Persist in the Environment

    EPA disagrees with Petitioners' claim that all animal fats and 
vegetable oils are readily biodegradable and notes that when 
biodegradation does occur in the environment, it can lead to oxygen 
depletion and death of fish and other aquatic organisms. Some products 
formed by biodegradation and other transformation processes are more 
toxic than the original oils and fats. While some animal fats and 
vegetable oils are degraded rapidly under certain conditions, others 
persist in the environment years after the oil was spilled (Mudge et 
al., 1995; Mudge, 1995, 1997a, 1997b). Further, spilled animal fats and 
vegetable oils can cause long-term deleterious environmental effects 
even if they remain in the environment for relatively short periods of 
time, because they destroy existing and future food sources, reduce 
breeding animals and plants, and contaminate eggs and nesting habitats.
    Every spill is different. How long the vegetable oil or animal fat 
remains in the environment after it is spilled, what proportion of the 
oil is degraded and at what rate, what products are formed, and where 
the oil and its products are transported and distributed are determined 
by the properties of the oil itself and those of the environment where 
the oils is spilled. Factors such as pH (acidity), temperature, oxygen 
concentration, dispersal of oil, the presence of other chemicals, soil 
characteristics, nutrient quantities, and populations of various 
microorganisms at the location of the spill profoundly influence the 
degradation of oil.
    Like petroleum oils, vegetable oils and animal fats can float on 
water, settle on sediments or shorelines, and form emulsions when there 
is agitation or prolonged exposure to heat or light (Crump-Wiesner and 
Jennings, 1975; DOC/NOAA, 1992, 1996). Environmental processes can 
alter the chemical composition and environmental behavior of the 
spilled oils and influence their proximity to environmentally sensitive 
areas and the environmental damage they cause.
    The detrimental environmental effects of several spills of 
vegetable oils and animal fats are described below and in Appendix I, 
Table 4: Effects of Real-World Oil Spills. These reports provide 
examples of the effects of some specific spills where death, injuries, 
and damage were observed. No structured survey on the effects and 
numbers of victims of spills of vegetable oils and animal fats has been 
conducted (Rozemeijer et al., 1992). Because birds and other animals 
show only a ``wet look'' when they are coated with vegetable oils and 
animal fats, they are difficult to identify and may never be found if 
they sink when they die or are consumed by predators (NAS, 1985e).
1. Chemical and Biological Processes Affecting Vegetable Oils and 
Animal Fats in the Environment
    Vegetable oils and animal fats that are spilled in the environment 
can be transported and transformed by a wide variety of physical, 
chemical, and biological processes that alter the composition of the 
oil, its fate in the environment, and its toxicity. Oil that is spilled 
in inland waters, such as small rivers and streams, may be especially 
harmful if there are limited oxygen resources in the water body and 
little dispersal of the oil (NOAA/FWS, 1996).
    Whether the toxicity of these transformation products formed by 
chemical and biological processes increases compared to that of the 
original oil depends on the specific oil and the products that are 
formed. For example, lipid oxidation products that are formed following 
exposure of fats to oxygen, light, and inorganic and organic catalysts 
have been associated with colon cancer; and cholesterol oxidation 
products that are formed by autoxidation of cholesterol exposed to air, 
heat, photooxidation, and oxidation agents have numerous biological 
activities (Hui, 1996a). (See section II.B.5.d for a discussion of the 
toxicity of transformation products.)
    a. Chemical Processes. The fate of petroleum and non-petroleum oils 
can be altered by environmental processes. Primary weathering processes 
include spreading, evaporation, dissolution, dispersion, 
emulsification, and sedimentation (DOC/NOAA, 1992a, 1994, 1996). The 
rate and relative importance of each of these processes depends on the 
specific oil that is spilled and environmental conditions that are 
present and that may change over time. Wind transport, photochemical 
degradation, and microbial degradation may also play

[[Page 54524]]

important roles in the transformation of petroleum oils, vegetable oils 
and animal fats.
    Different parts of the ecosystem are affected as the composition of 
the spilled oil changes. For example, weathered petroleum oils 
penetrate into marsh vegetation less than fresh oil, for weathered oil 
is composed of relatively insoluble compounds and often forms mats or 
tarballs (DOC/NOAA, 1994; Hartung, 1995; NAS, 1985e). Thus, weathering 
decreases the potential exposure to fish through the water column while 
increasing the potential exposure of species that ingest tarballs. As 
the lighter fractions dissolve or evaporate, oil sinks, thereby 
contaminating sediments and contributing to water column toxicity. 
Spilled sunflower oil is hydrolyzed and polymerized to chewing gum 
balls that can be washed ashore or can sink and cover sediments, 
thereby exposing benthic and intertidal marine communities (Mudge, 
1993).
    Vegetable oils and animal fats can undergo several types of 
chemical reactions. They can be hydrolyzed to yield free fatty acids 
and diglycerides, monoglycerides, or glycerol; this hydrolysis can be 
catalyzed by acids, bases, enzymes, and other substances (Hui, 1996a; 
Lawson, 1995; Kiritsakis, 1990; Hoffmann, 1989). Vegetable oils and 
animal fats can be oxidized to form hydroperoxides and free radicals 
which perpetuate the oxidation reaction until they are destroyed by 
reacting with other chemicals, such as natural or added antioxidants. 
The free radicals that initiate an autoxidation reaction are formed by 
decomposition of hydroperoxides, exposure to heat or light, or other 
means. COPs are formed by autoxidation of cholesterol that is exposed 
to air, heat, photooxidation, and oxidative agents derived from dietary 
sources and metabolism (Hui, 1996a).
    Several types of reactions can occur during processing, cooking, or 
storage of fats and oils, including hydrogenation of unsaturated fatty 
acids in oils (hardening); esterification; interesterification, 
including transesterification; and halogenation (Lawson, 1995; Hui, 
1996a; Hoffmann, 1989; Yannai, 1980). Thermal oxidation and 
polymerization during cooking, frying, or processing operations at high 
temperatures, generally between 180 deg.C to 250 deg.C, can lead to 
conjugation (act of being joined) of polyunsaturated fatty acids and 
cylization and the formation of volatile decomposition products.
    b. Biological Processes. Petroleum oils and vegetable oils and 
animal fats that are spilled in the environment can be transformed by 
bacteria, yeast, fungi, and other microorganisms. Although microbial 
degradation rarely occurs when there are controlled conditions during 
normal storage of animal fats and vegetable oils, microorganisms can 
grow on vegetable oils and animal fats and degrade them when 
environmental conditions are favorable (Ratledge, 1994).
    Investigations of biological approaches to remediating sites 
contaminated with petroleum oils have shown that numerous environmental 
factors must be carefully controlled for biodegradation to be effective 
in reducing contamination from oily materials in soil (Venosa et al., 
1996; Salanitro et al., 1997). While bioremediation has been used for 
soil cleanup at some petroleum-contaminated sites (e.g., in tests at 
refineries, in treatment of oily sludges in oil and gas operations, and 
at pipeline sites for spills of crude oil), successful cleanup requires 
management of appropriate levels of applied waste to soil, aeration and 
mixing, nutrient fertilizer addition according to the ratios of carbon: 
nitrogen: phosphorus present, pH amendment, and moisture control to 
optimize degradation by soil micoorganisms (Salanitro et al., 1997). 
The extent of biodegradation apparently depends upon the type of soil 
and crude oil involved.
    The promise and the limitations of microbial degradation have been 
highlighted in numerous studies of factors influencing the microbial 
utilization of animal fats and vegetable oils (Ratledge, 1994). These 
studies were conducted in experimental cultures and cannot be applied 
readily to cleanups of oil spills, where control of pH, oil dispersal, 
and nutrient supplementation are difficult to achieve. They are 
described briefly, primarily to illustrate the complexity of 
biotransformation processes, the many factors that can affect 
biodegradation, and the difficulty in accurately reflecting conditions 
and determining rates of biodegradation or other transformation 
processes at specific spill locations. A more detailed discussion of 
the microbial degradation of vegetable oils and animal fats is provided 
in the accompanying Technical Document. (See Technical Document, Claims 
V and VI, Biological Processes, Section A.)
    Factors that affect the biodegradation of oils include pH, 
dispersal of oil, dissolved oxygen, presence of nutrients in the proper 
proportions, soil type, type of oil, and the concentration of 
undissociated fatty acids in water. In addition to microorganisms, 
other biota can also alter the chemical composition of vegetable oils 
and animal fats. The reactions may depend on the species, for organisms 
such as invertebrates, lack enzymes that participate in certain 
metabolic pathways found in other organisms.
    c. Rancidity. Biological and chemical processes can lead to the 
formation of rancid products that cause off-flavors and unpleasant 
odors. Rancidity results from the oxidation of unsaturated fatty acids 
that are acted upon by peroxide radicals or enzymes to form a variety 
of products, some of which are toxic (Hui, 1996a; Yannai, 1980). 
Rancidity can also be produced by hydrolysis of triglycerides and 
lipolysis by microorganisms or natural enzymes (Kiritsakis, 1990). The 
hydrolysis and oxidation of spilled vegetable oils and animal fats 
leads to formation of aldehydes, ketones, fatty acids, and other 
compounds responsible for off-flavors and rancid odors. The rate of 
rancidity increases with thermal decomposition of fats (Hui, 1996a), 
although enzymatic peroxidation and oxidation of unsaturated fatty 
acids by lipoxygenases can also occur in plant food stuffs even during 
storage at low temperature and in the dark (Yannai, 1980).
2. Environmental Fate and Effects of Spilled Vegetable Oils and Animal 
Fats: Real-World Examples
    The reports in this section describe the spread of vegetable oils 
and animal fats after spills into the environment and detail the 
deleterious effects produced by these spills. While some aspects of 
specific spills have been discussed earlier, the examples presented 
below demonstrate that factors such as the nature of the oil, its 
environmental fate, and proximity of the spill to environmentally 
sensitive areas determine the adverse effects of spills of vegetable 
oils and animal fats in the environment. Many spills are never 
reported. Animals injured or killed by oils may never be found, for 
they are highly vulnerable to predators or may drown and sink (USDOI, 
1994; Frink, 1994; NAS, 1985e). Thus, the reports that are summarized 
in Appendix I, Table 4 and below are not a comprehensive study of the 
adverse environmental effects of spills of vegetable oils and animal 
fats, but rather a snapshot revealing some of the deleterious effects 
caused by spills of oil into the environment.
    Minnesota Soybean Oil and Petroleum Oil Spills. Oil from two spills 
in Minnesota killed thousands of ducks and other waterfowl and wildlife 
or injured them through coating with oil. The peak of waterfowl damage 
occurred

[[Page 54525]]

within two days of the breakup of ice on the Minnesota and Mississippi 
rivers in the spring of 1963 (Minnesota, 1963; USDHHS, 1963). There 
were two sources of oil--an estimated 1 million to 1.5 million gallons 
of soybean oil that entered the Minnesota River via the Blue Earth 
River when storage facilities failed at a plant in Mankato, Minnesota; 
and an estimated 1 million gallons of low viscosity cutting oil that 
escaped to the Minnesota River near Savage, Minnesota, from a marsh 
that was flooded with oil when storage facilities failed. Oil spilled 
during the winter months from mechanical failure of storage tanks or 
pipelines, moved little until the breakup of ice in the spring. The 
varnish-like covering of willows on the river banks showed that the 
soybean oil had escaped into the river during the spring run-off.
    While the petroleum oil and soybean oil slicks could not be 
distinguished by field observation, laboratory analysis of samples of 
oil and oil scraped from ducks revealed that soybean oil caused much of 
the waterfowl loss (Minnesota, 1963). Approximately 5,300 birds were 
affected or killed by oil, including 1369 live oil-soaked ducks rescued 
and 1842 dead birds collected. They included lesser scaup ducks, 
ringnecked ducks, coots and grebes, several other types of ducks, 
gulls, and mergansers, and a cormorant. While some birds may have been 
counted more than once, the numbers probably underestimate the impact 
of the oil spills, because ducks covered with oil crawl into dense 
cover and are hard to find.
    Mammals and other dead animals were reported, including about 26 
beaver, 177 muskrats, and 50 others, among them turtles, herons, 
kingfisher, songbirds, other birds, skunk, squirrel, dog, and cows 
(Minnesota, 1963). The death of 7,000 fish was attributed to causes 
other than oil pollution, because winterkill is common in shallow 
backwater areas of the river and a BOD study indicated that the sample 
analyzed would not have sufficient oxygen demand to significantly 
affect oxygen resources in the river. Bottom fauna used as fish food 
may have been affected temporarily in localized areas.
    The character of the soybean oil on and in the water changed with 
time, as thick orange-colored slicks that were first observed changed 
to pliable greyish and somewhat rubbery floating masses that were 
stringy or somewhat rounded and were sometimes surrounded by a light 
oil slick (Minnesota, 1963). Limited areas of the bottom were covered.
    Oil that normally floated on the surface of the river tended to 
sink to the lake bottom or settled into low areas of the river bottom 
near the shoreline, apparently because of entrapment of heavy materials 
in the oily mass. A sample of soybean oil collected from the bottom of 
the lake contained sand, dirt, twigs, and leaves when it was analyzed 
in the laboratory.
    Soybean oil also mixed with sand on the beach, creating a hard 
crust 3 feet above water level. White balls, apparently from soybean 
oil that was once near the surface of a lake, moved toward shore and 
broke up into long, white stringy material that collected on shore. 
Pools of tough, milky material covered with brown scum were found in 
low areas of the beach along with a hard varnish-like crust on the 
beach.
    Spill of Coconut Oil, Palm Oil, and Edible Materials. In 1975, a 
cargo ship that was carrying primarily vegetable oils and edible raw 
materials (copra or dried coconut meat, palm oil, coconut oil, and 
cocoa beans) went aground on Fanning Atoll, Line Island and dumped its 
cargo onto a pristine coral reef (Russell and Carlson, 1978). The 
effects of the oily substances were similar to those following a 
petroleum oil spill. Fish, crustaceans, and mollusks were killed. 
Shifts in the algal community were observed, with excessive growth of 
some types of green algae and the elimination of other algal 
competitors. The effects on the algal community continued for about 11 
months.
    Sunflower Oil Spill in North Wales. When a cargo of unrefined 
sunflower oil was spilled into the environment off the coast of 
Anglesey, North Wales in January 1991, surface slicks of the oil were 
formed for many miles around the ship (Mudge et al., 1993; Salgado, 
1992, 1995). Some oil was hydrolyzed and polymerized to form ``chewing 
gum balls'' that were washed ashore over a wide area. The denser balls 
sank, allowing the sunflower oil to contact a wide range of benthic and 
intertidal communities near the spill. Sunflower oil polymerized in 
seawater and formed lumps that could not be degraded by bacteria.
    Mussels that were near the spill died. Polymerized sunflower oil 
formed a cap that reduced the permeability of sediments to water and 
oxygen and killed organisms living on the sediments (Mudge et al., 
1993, 1995, Mudge, 1995). Polymerization of sunflower oil that washed 
ashore produced concrete-like aggregates that still persist nearly 6 
years after the spill (Mudge, 1997a, 1997b).
    Rapeseed Oil Spills in Vancouver Harbor. Three small spills of 
rapeseed oil caused greater losses of birds than 176 spills of 
petroleum oils over a 5-year period in Vancouver harbor from 1974 to 
1978 (McKelvey et al., 1980). An estimated 35 barrels of rapeseed oil 
killed an estimated 500 birds, while all of the petroleum oil spills 
combined oiled less than 50 birds, perhaps because the vegetable oils 
lacked the strong, irritating odor of petroleum or its eye-catching 
iridescence. Both petroleum and non-petroleum oils coat the feathers of 
birds, destroying their waterproofing qualities and allowing water to 
penetrate to the skin with loss of insulation and buoyancy, which 
results in exposure, and death (Mudge, 1995; Hartung, 1967; NAS, 1985e; 
Smith and Herunter, 1989; Rozemeijer, 1992).
    Another spill of rapeseed oil (Canola) occurred in Vancouver Harbor 
on February 26, 1989 (Smith and Herunter, 1989). During product 
transfer, an estimated 400 gallons of rapeseed oil spilled into the 
harbor. A thin film covered large portions of the harbor, and a patchy 
slick of yellow oil from the spill site to the center of the harbor was 
visible from above. It was estimated that at least 700 birds were in 
the harbor at the time of the spill, including 500 diving ducks, 100 
gulls, and 100 other divers.
    Initially, booms were not used to contain the spill, and an attempt 
to disperse the oil with multiple passes of a small tug through the 
thick oil were ineffective (Smith and Herunter, 1989). EPA notes that 
the trade association requested that this ineffective mechanical 
dispersal be allowed as a response to spills of vegetable oil and 
animal fat under the FRP rule. After several hours, booms were set up 
to contain the oil and skimmer boats recovered the oil.
    Cleanup was concluded 15 hours after the spill was discovered 
(Smith and Herunter, 1989). Nevertheless, 88 oiled birds of 14 species 
were recovered after the spill, and half of them were dead. Oiled birds 
usually are not recovered for 3 days after a spill, when they become 
weakened enough to be captured. Of the survivors, half died during 
treatment.
    The authors caution that because vegetable oils are edible, they 
may not be considered as threatening to aquatic birds as petroleum 
oils. However, the end result is the same. Birds die (Smith and 
Herunter, 1989). The number of casualties from the rapeseed oil spills 
was probably higher than the number of birds recovered, because heavily 
oiled birds sink and dying or dead birds are captured quickly by 
raptors and scavengers.
    Smith and Herunter emphasize that containing and recovering the 
spilled oil as soon as possible is critical to minimizing environmental 
damage

[[Page 54526]]

(1989). Using booms, testing transfer lines, having spill detection 
equipment in place, training on-site personnel, and reporting spills 
immediately are essential to reducing environmental harm.
    Fat and Oil Pollution in New York State Waters. Pollution of 
surface waters by oils and fats from a wide variety of sources killed 
waterfowl, coated boats and beaches, tainted fish, and created taste 
and odor problems in water treatment plants in New York State (Crump-
Wiesner and Jennings, 1975). Sources of the fats and oils included 
spills, food and soap manufacturing, refinery wastes, construction 
activities, industrial waste discharges, and sanitary sewage. Grease-
like substances were seen along the shore or floating in Lake Ontario. 
Grease-balls that contaminated the shoreline near Rochester and smelled 
like fat or lard were analyzed and characterized as mixtures of animal 
and vegetable fats with similar fatty acid contents.
    Spills of Fish Oil Mixtures in South Africa. Oil that was 
discharged from a fish factory effluent pipe near Bird Island, Lamberts 
Bay, South Africa, the breeding ground for 5,000 pairs of Cape Gannets 
and home to tens of thousands of Cape Cormorants and 500 Jackass 
Penguins, killed at least 709 Cape Gannets, 5,000 Cape Cormorants, and 
108 Jackass Penguins (Percy Fitzpatrick Institute, 1974). A few days 
after the oiling incident, researchers found penguins covered with a 
sticky, white, foul-smelling coat of oil. They were shivering on the 
shore and gannet chicks, who were observed walking straight into the 
oil, were dead or dying. They observed a milky white sea on one side of 
the island and a frothy mixture and clots of oil thrown up on the 
island. The oil smelled strongly of fish.
    Damage from fish-oil pollution was detailed at two other fish 
factories in South Africa (Newman and Pollock, 1973). In the rock 
lobster sanctuary at St. Helena Bay, 10,000 rock lobsters and thousands 
of sea urchins were killed, probably from oxygen depletion caused by 
the release of organic material from the fish factory. At least 100,000 
clams died near a fish factory at Saldanha Bay along with large numbers 
of black mussels and prawns and some polychetes and anemones. Other 
effects were also described by the authors: the sea was discolored and 
smelled, water quality was poor, and the aesthetic appeal of the 
beaches located near a town and popular camping site was adversely 
affected.
    Spill of Nonylphenol and Vegetable Oils in the Netherlands. 
Thousands of seabirds, mostly Guillemots and Razorbills, washed ashore 
in the Netherlands during a four-month period from December 1988 to 
March 1989 (Zoun, 1991). They were covered with an oil-like substance. 
Nearly all of the 1,500 sick birds that were taken to bird hospitals 
died; many exhibited emaciation, aggressive behavior, bloody stools, 
and leaky plumage. Autopsies and pathological examination of 30 birds 
revealed hepatic degeneration and necrosis as well as aspergilliosis in 
the air sacs and lungs. Chemical analysis of the feathers and organs 
showed the presence of high levels of nonylphenol and vegetable oils, 
such as palm oil. No source of the contaminants was established, but 
they may have been discharged from a ship.
    Soybean Oil Spills in Georgia From a Tanker Truck and a Vegetable 
Oil Refinery. Aesthetic effects were a major concern to property owners 
on an oiled cove at Lake Lanier, Georgia (Rigger, 1997). The strong, 
unpleasant odor of soybean oil spilled from a tanker truck became more 
rancid as the oil weathered. Rapid response action minimized the damage 
and costs, although the oil adhered to boat dock floats and boats and 
produced several thousand dollars in claims for cleaning boats and 
docks and replacing dock floats.
    In a vegetable oil refinery in Macon, Georgia, soybean oil was 
released from an aboveground storage tank that was accidentally 
overfilled (Rigger, 1997). Rapid response prevented significant damage 
from the spilled oil, which had flowed through a storm water system and 
entered a stream. Investigation of the spill incident revealed that 
previous spills from the facility had entered the sanitary sewer system 
and damaged the sewage treatment plant.
    Wisconsin Butter Fire and Spill. In 1991, a major butter and grease 
fire apparently triggered by an electric forklift destroyed two large 
refrigerated warehouses at Central Storage facility in Madison, 
Wisconsin and resulted in the release of large volumes of butter, lard, 
cheese, meat, and other food products (Wisconsin, 1991a, 1991b, 1991c; 
Wisconsin State Journal, 1991a, 1991b, 1991c, 1991d, 1991e). The 
warehouses contained 15 million pounds of butter--much of it part of 
the USDA surplus program. Thick, black smoke filled the air, and melted 
butter and lard streamed from the burning building and threatened to 
pollute a nearby creek and lake.
    The quick action of firefighters, city engineers, and other 
responders was credited by the company and state environmental 
officials with saving a nearby creek and lake from environmental 
disaster and limiting the losses and injuries from the fire (Wisconsin, 
1991; Wisconsin State Journal, 1991a, 1991b, 1991c, 1991d, 1991e). If 
the buttery material had flowed through storm sewers into the creek and 
lake, it could have depleted the available oxygen required by walleyed 
pike, bass, and other aquatic organisms living in the creek and 
connecting lake and ruined a recent one million dollar cleanup effort 
in the watershed.
    After the cleanup was largely completed, the Wisconsin Department 
of Natural Resources declared as hazardous substances the thousands of 
gallons of melted butter that ran offsite and the mountain of damaged 
and charred meat products spoiling in the hot sun and creating 
objectionable odors. The Wisconsin DNR stated that these products posed 
an imminent threat to human health and the environment.
3. FWS Comments on Degradation
    Vegetable oils and animal fats may biodegrade quicker than 
petroleum; however, in the short term, this advantage is neutralized by 
the ability of many petroleum compounds to evaporate quickly. In 
addition, the higher BOD of vegetable oils and animal fats pose an 
increased risk of oxygen depletion in shallow waters and wetlands. Both 
kinds of oil will degrade more slowly in low-energy waters and can 
become submerged in an anoxic aquatic habitat, settle to the bottom and 
into sediments, or form thick layers because the vegetable oil is no 
longer being exposed to oxygenated waters or surroundings. In such 
instances, the edible oil or fat will remain in the environment for a 
long period of time and continue to create a risk to the natural 
environment. The variability of circumstances surrounding each spill 
(location, spill volume, weather, tides, water currents, effectiveness 
of spill response) will have a greater influence in the short term on 
environmental effects than will biodegradability. (USDOI/FWS, 1994)

E. Petitioners' Claim: Vegetable Oils and Animal Fats Have a High BOD, 
Which Could Result in Oxygen Deprivation Where There Is a Large Spill 
in a Confined Body of Water

    Petitioners claim that vegetable oils and animal fats have a high 
BOD, which could result in oxygen deprivation where there is a large 
spill in a confined body of water with low flow and dilution.
    EPA Response: EPA agrees with the Petitioners' claim that vegetable 
oils and

[[Page 54527]]

animal fats have a high BOD, which could lead to oxygen depletion and 
severe environmental consequences. (For a detailed discussion of this 
topic, see section II.B.4.a.Suffocation.) EPA disagrees, however, that 
oxygen depletion would occur only with large oil spills. Small spills 
are sufficient to cause oxygen depletion and suffocation and death of 
fish and other biota, depending on the conditions that apply at the 
location of the spill. Oxygen depletion can result from reduced oxygen 
exchange across the air-water surface below the spilled oil or from the 
high BOD by microorganisms degrading oil (Crump-Wiesner and Jennings, 
1975; Mudge, 1995). Examples of environmental damage produced by small 
spills of vegetable oils and animal fats are provided above.
    While a higher BOD is associated with greater biodegradability, it 
also reflects the increased likelihood of oxygen depletion and 
potential suffocation of aquatic organisms under certain environmental 
conditions (Crump-Wiesner and Jennings, 1975). Oxygen depletion and 
suffocation are produced by petroleum and vegetable oils and animal 
fats. Under certain conditions, however, some vegetable oils and animal 
fats present a far greater risk to aquatic organisms than other oils 
spilled in the environment, as indicated by their greater BOD.
    According to studies designed to measure the degradation of fats in 
wastewater, some food oils exhibit nearly twice the BOD of fuel oil and 
several times the BOD of other petroleum-based oils (Groenewold, 1982; 
Institute, 1985; Crump-Wiesner and Jennings, 1975). While the higher 
BOD of food oils is associated with greater biodegradability by 
microorganisms using oxygen, it also reflects the increased likelihood 
of oxygen depletion and suffocation of aquatic organisms under certain 
environmental conditions (Groenewold, 1982; Institute, 1985; Crump-
Wiesner, 1975). Oil creates the greatest demand on the dissolved oxygen 
concentration in smaller water bodies, depending on the extent of 
mixing (Crump-Wiesner and Jennings, 1975).
    FWS Comments on BOD. Decomposition of vegetable oils and animal 
fats causes oxygen depletion problems for aquatic species (USDOI/FWS, 
1994).

F. Petitioners' Claim: Vegetable Oils and Animal Fats Can Coat Aquatic 
Biota and Foul Wildlife

    EPA Response: EPA agrees with the Petitioners' claim that vegetable 
oils and animal fats can coat aquatic biota and foul wildlife but 
disagrees with the lack of significance accorded this potentially 
devastating effect in Petitioners' ENVIRON report. Many animals and 
plants die when they are coated with spilled petroleum oils or 
vegetable oils and animal fats. (See section II.B.4.a. Coating with Oil 
for a discussion of these effects.) Coating with oil can contaminate 
existing and future food sources, destroy habitat, and damage eggs and 
nesting areas, thereby inflicting environmental damage years after an 
oil spill occurs (Frink and Miller, 1995).
    Trustees Comments on Fouling. The biggest oversight of the ENVIRON 
report, which was never subject to peer review as are journal 
publications, is the insignificance given to the fouling potential of 
vegetable oils and animal fats (USDOI/FWS, 1994). Wildlife 
rehabilitators consider edible oils and fats to be some of the most 
difficult of substances to remove from wildlife because of their low 
viscosity. These less viscous oils are good wetting agents, allowing 
deeper penetration into plumage or fur and creating a thoroughly 
contaminated animal, as opposed to surface and intermediate 
penetration. In many instances, complete removal can only be 
accomplished with extremely hot water, which is detrimental because of 
scalding, and excessive washing.
    The FWS takes issue with statements in the ENVIRON report that 
observed birds clean themselves and return to feeding areas (USDOI/FWS, 
1994). Such observations are difficult to confirm without banding or 
radio tagging the birds and closely observing them. It is highly 
doubtful that the birds were able to clean themselves, for only 
minuscule amounts of oil can be completely preened from plumage. Even 
birds fouled with petroleum oils will preen and fly back to their 
nests. Small amounts of oil on the birds' plumage can cause thermal 
circulation trouble and smother embryos in eggs exposed to the oil. 
Birds may appear to act normally, but it is not the immediate effects 
of the oils but those that appear later that cause problems. Secondary 
effects from fouling include drowning, mortality by predation, 
starvation, and suffocation.
    Both petroleum and non-petroleum oils foul the coats and plumage of 
wildlife (USDOI/FWS, 1994). The risks from vegetable oils and animal 
fats are magnified by their lack of repugnant smell or iridescence to 
frighten wildlife away, making it more likely that wildlife will come 
in contact with these oils.

III. Petitioners' Suggested Language To Amend the July 1, 1994, 
Facility Response Plan Rule

    This section begins with a short discussion about EPA's inland area 
of jurisdiction and also provides some characterization of the amounts 
of vegetable oil and animal fats produced or consumed, and reported 
spills. These discussions are followed by EPA's response to the 
Petitioners' specific regulatory language to amend the July 1, 1994, 
facility response plan rule.

A. Background

    Examples of water systems that occur in the inland area within 
EPA's zone of authority are major freshwater rivers, smaller streams, 
creeks, lakes and wetlands or mixed freshwater--saltwater estuary and 
wetlands areas subject to tides. (See a Memorandum of Understanding 
[MOU] between the Secretary of Transportation and the EPA Administrator 
dated November 24, 1971 [36 FR 24080].) Many of these areas, including 
wetlands and estuary areas, are often very sensitive, highly productive 
areas where a large number of organisms such as shrimp, crabs, fish, 
and water fowl nest, breed and feed. Lakes and larger rivers may be 
used as water supplies and have drinking water and industrial intakes 
that must be protected. Inland spills have a much higher potential to 
contaminate both ground and surface water supplies. Some lakes, 
estuaries and bays are often highly developed with industry, 
recreational beaches, marinas and other highly visible areas that need 
protection from oil spills.
    Vegetable oil and animal fat were among the most frequently spilled 
organic materials, ranking sixth and seventh respectively, and were 
responsible for over 6% of all spills (384 of 6076 spills) of organic 
materials reported along the coasts and major waterways in the United 
States in 1973-1979 (Wolfe, 1986). Other authors estimate that at least 
5% of all spill notifications are for vegetable oils and animal fats 
(Crump-Wiesner, 1975). Of the 18,000 to 24,000 spills in the United 
States reported annually to the National Response Center and EPA 
Regions, 2-12% are from non-petroleum oils, including vegetable oils 
and animal fats (USEPA/ERNS, 1995, 1996). These figures represent the 
minimum number of spills; it is likely that they greatly underestimate 
the actual number of spills because of significant underreporting. A 
comparison was made of reports of spills in Ohio of vegetable oil and 
soybean oil from January, 1984 to June, 1993 to the State

[[Page 54528]]

of Ohio Environmental Protection Agency (Ohio EPA) and to the National 
Response Center (NRC). Only 7 of 27 reports (26%) to the Ohio EPA were 
also reported to the NRC (USEPA, 1994a). There were a number of reports 
of vegetable and soybean oil spills to the NRC that were not on the 
State list (USEPA, 1994a).

B. Regulatory Language Changes Proposed by the Petitioners

    Language to further clarify the definition of vegetable oil and 
animal fats. EPA Response: EPA has decided not to incorporate 
Petitioners' proposed definitions of ``animal fat and vegetable oils'' 
in the regulatory provisions of section 112.2. In issuing the final FRP 
rule, EPA included a definition of ``non-petroleum oil'' in an Appendix 
to the rule. (See 40 CFR part 112, Appendix E, section 1.2.3.) ``Non-
petroleum oil'' is defined to mean ``oil of any kind that is not 
petroleum-based. It includes, but is not limited to, animal and 
vegetable oils.'' Id.
    EPA included this definition of ``non-petroleum oil'' in the rule 
because the Agency established different and more flexible response 
planning requirements for facilities that handle, store, or transport 
non-petroleum oil, including animal fats and vegetable oils. For 
example, in calculating required response resources for non-petroleum 
facilities, the owner/operator of such a facility, including those 
facilities which handle, store, or transport animal fats or vegetable 
oils, is not required to use emulsification or evaporation factors in 
Appendix E of the rule. Rather, these facilities need only: (1) Show 
procedures and strategies for responding to the maximum extent 
practicable to a worst case discharge; (2) show sources of equipment 
and supplies necessary to locate, recover, and mitigate discharges; (3) 
demonstrate that the equipment identified will work in the conditions 
expected in the relevant geographic area, and respond within the 
required times; and (4) ensure the availability of required resources 
by contract or other approved means. 40 CFR Part 112, Appendix E, 
section 7.7. Importantly, EPA does not prescribe the type or amount of 
equipment that preparers of response plans for non-petroleum oil 
discharges must identify. Id.
    Moreover, at the time of issuing the final rule, EPA also set forth 
definitions for both ``animal fat'' and ``vegetable oil'' in the 
preamble to the FRP rule (59 FR 34070, 34088 (July 1, 1994)). To assist 
owners and operators in distinguishing between oil types, EPA defined 
``animal fat'' to mean ``a non-petroleum oil, fat, or grease derived 
from animal oils not specifically identified elsewhere.'' Id. The 
Agency defined ``vegetable oil'' to mean ``a non-petroleum oil or fat 
derived from plant seed, nuts, kernels or fruits not specifically 
identified elsewhere.'' Id. The Agency stands behind these definitions, 
and because EPA is not modifying the FRP rule as requested by 
Petitioners (see below), the Agency sees no need to include these 
definitions in the rule provisions.
    Petitioners express a concern that animal fats and vegetable oils 
have been included with other types of ``non-petroleum oils,'' although 
the planning requirements for owners and operators of all facilities 
storing ``non-petroleum'' oils are more flexible than those 
requirements for facilities storing, handling, or transporting 
petroleum oil. Petitioners' main concern appears to be premised upon 
the claim that vegetable oils and animal fats are ``non-toxic'' 
compared to other non-petroleum oils. EPA believes that Petitioners 
have failed to make a demonstration that animal fats and vegetable oils 
should be subject to less stringent planning requirements than other 
types of non-petroleum oils. This is so for all of the reasons set 
forth elsewhere in this notice.
    Allow mechanical dispersal and ``no action'' options to be 
considered in lieu of oil containment and recovery devices specified 
for response to a worst case discharge of vegetable oil and animal 
fats. EPA Response: The Agency declines this proposed language. 
Although the ``no action'' and mechanical dispersal options proposed by 
the Petitioners may be considered in response to an actual spill under 
certain conditions, i.e., river currents too high for the effective use 
of a boom, neither option would meet the intent of OPA for planning 
purposes. The intent of OPA was for industry to plan for and secure the 
equipment and resources needed to respond to a worst case discharge, 
which may be a discharge of 1 million gallons or greater for a large 
vegetable oil facility.
    A ``no action'' plan would allow a large amount of oil to remain in 
the environment, which would in turn cause immediate physical effects 
to resources that could extend for considerable distances as the oil 
spreads. This oil would have the potential to remain in the environment 
for long periods of time.
    One issue raised by the Petitioners is that the response to a spill 
of vegetable oil or animal fat may do more harm to the environment than 
a ``no action'' alternative. A consideration in the response to any 
type of oil, including petroleum or vegetable oil or animal fat, is 
whether the measures used in response to the spill will cause 
unacceptable damage to a specific type of environment. This 
determination is based on the conditions existing at the time of the 
spill. Specific spill conditions will often dictate the need for 
different techniques for the same water environment or shoreline 
habitat. A study, which evaluated the relative impact of various 
generic characteristics of response techniques in the absence of oil, 
rated booming and skimming as having a ``Low'' impact in open water, 
small lakes/ponds, large rivers and small rivers and streams (DOC/NOAA, 
1992) and therefore, causing little environmental harm.
    Mechanical dispersal of the vegetable oil or animal fat into the 
water column could shut down or negatively impact drinking intakes due 
to flavor changes and odors, reduce cooling efficiency in cooling 
waters of power plants, contaminate food from receiving waters, 
increase BOD levels, violate water quality standards, cause sludges, 
and adversely impact benthic organisms and the resulting food chain in 
inland areas. Oil dispersed by mechanical means may resurface and cause 
further environmental damage in the same area or a different area 
depending on the characteristics of the water body. (See section 
II.D.2, Rapeseed Oil Spills in Vancouver Harbor on the ineffective use 
of mechanical dispersal.) This Notice references studies that document 
spills of vegetable oils that have remained in the water environment 
for several years and that continued to kill shellfish and other 
organisms.
    Limit the use of containment boom to the protection of fish and 
wildlife and sensitive environments: EPA's Response. Based on tests and 
studies summarized in the data in this Decision Document and the 
Technical Document, vegetable oils and animal fats clearly have adverse 
impacts on the aquatic and terrestrial environment and its inhabitants. 
EPA declines to modify the FRP rule as suggested by the Petitioners. 
EPA continues to believe that an OPA required FRP must limit the 
impacts of the oil through response techniques that include containment 
and removal in addition to protection of priority fish and wildlife and 
environmentally sensitive areas.
    The Area Contingency Plan (ACP) identifies and prioritizes the fish 
and wildlife and environmentally sensitive areas to be protected and 
also determines the type of protection to be used when a spill occurs. 
CWA section 311(j)(5)(C)(I) requires that a FRP must be consistent with 
the applicable ACP, which usually requires that a

[[Page 54529]]

containment boom be positioned to protect drinking water intakes and 
environmentally sensitive areas.
    In addition, facility response planning must also include the use 
of measures appropriate to the body of water to contain and limit and 
concentrate the spread of oil for removal. The spreading rate of oil is 
a function of its viscosity. Low viscosity materials spread easily over 
the surface of water. At lower temperature, the oil spreads less 
rapidly. Generally, vegetable oils and petroleum oils are of low 
viscosity. The spread of spilled oil over a large area will hamper 
recovery of the oil. The thicker the concentration of animal fat or 
vegetable and petroleum oil in an area, the greater the efficiency for 
oil removal. As the oil spreads over time into thinner slicks, its 
removal becomes less efficient and more costly. In tidally influenced 
areas, oil may move back and forth with each tide and be redeposited on 
the shore line, tidal flats, and marshes and cause adverse effects.
    Since vegetable oils and animal fats usually have few volatile 
fractions and therefore usually do not decrease in volume through 
evaporation as do many of the lighter factions of petroleum oils, most 
of the quantity of vegetable oil and animal fats spilled into water 
remain in the environment. When this happens, there is the potential 
for adverse impacts to environmentally sensitive areas and water 
intakes. Although most vegetable oils and animal fats break down more 
quickly than some petroleum oils, under certain conditions and times of 
the year, these oils may remain in the aquatic environment for long 
periods of time, polarize and form toxic degradation products and kill 
shellfish and other organisms.
    If a facility storing animal fat and/or vegetable oil does not 
provide for the use of containment booms in its plan to respond to a 
worst case discharge, it will not have the equipment and trained 
personnel available for an actual spill and many miles of shoreline and 
aquatic resources over a large area of water may be impacted. Rapid and 
immediate response and removal, including the use of containment booms, 
offer the most effective means of minimizing the immediate and long 
term effects of spills of petroleum and non-petroleum oils, including 
vegetable oils and animal fats. EPA does not believe that the 
Petitioners have shown why the use of containment booms should be 
limited to only protecting fish and wildlife and environmental 
sensitive areas. Without the use of containment booms, a worst case 
discharge of vegetable oil or animal fats could cause harm not only to 
fish and wildlife and environmentally sensitive areas, but also damage 
the aquatic and terrestrial environment. Such a discharge could also 
present risks to humans if the vegetable oil and animal fats adversely 
affect drinking water intakes.
    Increase the time for the arrival of on-scene response resources 
for medium discharges and worst case Tier 1 response resources to 24 
hours plus travel time from the currently required 12 hours including 
travel arrival time: EPA's Response. A rapid response to an oil spill 
is important in the recovery of as much oil product as possible. Any 
oil that remains in the environment will continue to adversely impact 
the aquatic and shoreline environment and cause lasting damage. (This 
document contains discussions of environmental, physical and other 
impacts that occur when vegetable oil and animal fats are spilled.) A 
24 hour plus travel time delay in the arrival of response resources 
would result in an unacceptable increase in impacts to drinking water 
intakes, fish and wildlife and sensitive environments, greater response 
costs, less product recovered, and increased water and other types of 
pollution.
    A delay in the arrival of response resources will increase the 
difficulty of the removal of the spilled oil and will also result in an 
increase in the cost to recover this oil. If effective containment and 
cleanup procedures are initiated within an hour of a spill occurrence, 
estimated removal costs are $250 per barrel (42 gallons). If two or 
more hours elapse before the oil is removed, the cost can be four or 
more times that amount and continue to increase with the time to 
respond to the release (USEPA, 1995). The ``window of opportunity'' for 
the most effective and efficient response to oil spills occurs within 
the early hours after the spill.
    Immediate action is required when oil spills occur on water to 
prevent the oil from becoming so widely spread that containment and 
cleanup become extremely expensive and a larger area of fish and 
wildlife and environmentally sensitive areas are adversely affected. 
There are immediate physical effects to the environment from releases 
of vegetable oil and animal fat. There is the potential for additional 
sensitive areas to be contaminated within the 24 hours plus travel time 
proposed by the Petitioners for the arrival of response resources. This 
is 12 hours plus travel time longer than the FRP requirement for 
rivers, canals, inland, and near shore areas. Sensitive areas within 
many additional miles would be affected with the delay in the arrival 
of response resources proposed by the Petitioners since booms would not 
be made available for their protection until much later. Rapid response 
is imperative to limit adverse effects, protect resources, and contain 
oil for removal.
    Extending the time for arrival of response resources would increase 
the FRP distance calculation for a facility and could result in 
additional vegetable oil and animal fat facilities meeting the criteria 
for substantial harm and having to prepare and submit a facility 
response plan to EPA. The requirements for determination of substantial 
harm in the FRP rule for facilities with 1 million gallons or above 
capacity includes a calculation in Appendix C-III of 40 CFR Part 112 of 
the distance an oil discharge from the facility would travel within the 
time it would take for the appropriate tier of response resources to 
arrive. Once the distance is calculated, the facility must determine 
whether fish and wildlife and environmentally sensitive areas or 
drinking water intakes are located within this distance. If so, the 
facility is considered a substantial harm facility and must prepare and 
submit a response plan. An additional twelve hours plus travel response 
time would more than double the distance a spill could travel on water 
before the arrival of response resources and therefore potentially 
increase impacts to drinking water intakes and environmentally 
sensitive areas and increase the number of vegetable oil and animal fat 
facilities that have to prepare and submit FRPs. For the above reasons, 
EPA declines to modify the FRP rule in this manner.

IV. Conclusions

    The environmental effects of petroleum and non-petroleum oils, 
including vegetable oils and animal fats, are similar because of 
physical and chemical properties common to both. Many of the most 
devastating effects of spills of petroleum oils and vegetable oils and 
animal fats are physical effects, such as coating of animals, 
suffocation, or starvation. Some tests measuring BOD suggest that 
certain vegetable oils and animal fats may present a greater 
environmental risk of suffocation to organisms than spilled petroleum 
oils under certain conditions. Petroleum oils and vegetable oils and 
animal fats can be transferred to the eggs of nesting birds from the 
parents' feathers and smother the embryos inside. Embryos in eggs are 
also killed by petroleum oils through mechanisms of toxicity; whether 
non-petroleum oils also cause direct embryotoxicity has not been 
evaluated in tests.
    Petroleum oils and vegetable oils and animal fats, can enter all 
parts of the

[[Page 54530]]

aquatic environment and adjacent shoreline. They can form a layer on 
water, settle on the bottom in sediments, foul shorelines, and be 
transported and distributed to other areas.
    Some vegetable oils and animal fats, their components, or breakdown 
products remain in the environment for years. Whether or not the oil 
persists in the environment, spilled oil can have long-lasting 
deleterious environmental effects. By contaminating food sources, 
reducing breeding animals and plants that provide future food, 
contaminating nesting habitats, and reducing reproductive success 
through contamination and reduced hatchability of eggs, oil spills can 
cause long-term effects years later even if the oil remains in the 
environment for relatively short periods of time.
    In addition to physical effects and the destruction of food and 
habitat, petroleum oils and vegetable oils and animal fats, their 
constituents, or degradation products can cause short-term and long-
term toxic effects in some animals. Petroleum oils contain PAHs and 
benzene which are animal and human carcinogens. While vegetable oils 
and animal fats contain only small quantities of PAHs, high dietary 
intake of fats and certain types of fats have been associated with 
increased cancer incidence in laboratory animals and humans as well as 
coronary artery disease, diabetes, obesity, and altered immunity and 
other effects. Lethality, impaired growth, reproductive effects, and 
behavioral effects are among the subchronic and chronic toxic effects 
observed in other studies of vegetable oils and animal fats.
    Spills of petroleum and vegetable oils and animal fats can affect 
drinking water supplies, and they have forced the closing of water 
treatment systems. Rancid smells, fouling of beaches, and destruction 
of recreational areas have been reported after spills of vegetable oils 
and animal fats.
    Small spills of petroleum and vegetable oils and animal fats can 
cause significant environmental damage. Real-world examples of oil 
spills demonstrate that spills of petroleum oils and vegetable oils and 
animal fats do occur and produce deleterious environmental effects. In 
some cases, small spills of vegetable oils can produce more 
environmental harm than numerous larger spills of petroleum oils.
    Because petroleum oils and vegetable oils and animal fats exhibit 
similar behavior in the environment, similar methods are used to 
contain them and attempt to clean them up after a spill. Because every 
spill is different, decisions on what cleanup methods are most 
effective and least harmful to the environment must be made case-by-
case, considering the nature of the oil, the characteristics of the 
contaminated area, and the proximity of the spill to environmentally 
sensitive areas.
    Once oil is spilled in the environment, however, the opportunities 
for reducing environmental damage and other adverse effects are 
limited. Although methods for rescuing and cleaning oil-contaminated 
birds, otters, and other wildlife have improved, only a small 
proportion of affected animals are recovered, and even fewer of the 
rescued animals survive. Further, by affecting current and future food 
sources, nesting habitats, and reproduction, oil spills can damage the 
environment long after the spilled oil has been removed from the 
environment. Prevention measures and rapid response offer the only 
effective means of minimizing the immediate, devastating effects and 
long-term environmental effects of spills of petroleum and non-
petroleum oils, including vegetable oils and animal fats.
    In summary, EPA finds that Petitioners' arguments about the manner 
in which environmental species die or become injured following spills 
of vegetable oils and animal fats, their claims about degradation of 
oil in the environment, and their assertion that fats are essential to 
humans and wildlife in no way obviate the need to prevent spills of 
vegetable oils and animal fats that can cause lasting environmental 
damage. Nor do the Petitioners' claims obviate the need to reduce 
environmental damage from these spills by planning in advance for 
effective response resources and actions. EPA hereby declines to modify 
the July 1, 1994, Final Rule.

    Dated: October 1, 1997.
Timothy Fields, Jr.,
Acting Assistant Administrator, Office of Solid Waste and Emergency 
Response.

Acronym List

ACP--Area Contingency Plan
BOD--Biological Oxygen Demand
CFR--Code of Federal Regulations
COPs--Cholesterol Oxidation Products
CWA--Clean Water Act
DNA--Deoxyribonucleic Acid
DNR--Department of Natural Resources
DOT--Department of Transportation
EFA--Essential Fatty Acids
EPA--Environmental Protection Agency
ERNS--Emergency Response Notification System
FAO/WHO--Food and Agriculture Organization/World Health Organization
FR--Federal Register
FRP--Federal Response Plan
FWS--Fish and Wildlife Service
IARC--International Agency for Research on Cancer
Institute--Institute of Shortening and Edible Oils, Inc.
LC<INF>50</INF>--Lethal Concentration 50
LD<INF>50</INF>--Lethal Dose 50
LOPs--Lipid Oxidation Products
MOU--Memorandum of Understanding
NAS--National Academy of Sciences
NOAA--National Oceanic and Atmospheric Administration
NRC--Nuclear Regulatory Commission
NRC--National Response Center
OPA--Oil Pollution Act
PAHs--Polynuclear Aromatic Hydrocarbons
PCBs--Polychlorinated Biphenyls
PUFA--Polyunsaturated Fatty Acid (n-6 PUFA, including essential 
fatty acid linoleic acid; n-3 PUFA, including the essential fatty 
acid, a-linolenic acid)
RCRA--Resource Conservation and Recovery Act
RSPA--Research and Special Projects Administration
SPCC--Spill Prevention Countermeasure and Control
USDA--United States Department of Agriculture
USDHHS--United States Department of Health and Human Services
USDOC--United States Department of Commerce
USDOI--United States Department of Interior
USEPA--United States Environmental Protection Agency

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[[Page 54535]]

Appendix I--Supporting Tables

    Table 1. Comparison of Physical Properties of Vegetable Oils and 
Animal Fats with Petroleum Oils
    Table 2. Comparison of Vegetable Oils and Animal Fats with 
Petroleum Oil
    Table 3. Comparison of Aqua Methods and Standard Acute Aquatic 
Testing Methods
    Table 4. Effects of Real-World Oil Spills

        Table 1.--Comparison of Physical Properties of Vegetable Oils and Animal Fats With Petroleum Oils       
----------------------------------------------------------------------------------------------------------------
                                                                           Specific Gravity                     
                                    Solidification                        at 25 deg.C unless    Vapor pressure  
            Oil type                     point            Solubility           otherwise            (mmHg)      
                                                                               specified                        
----------------------------------------------------------------------------------------------------------------
                                                   Edible Oils                                                  
----------------------------------------------------------------------------------------------------------------
Tallow..........................  40 to 46 deg.C \1\  Insoluble in water  0.87 at 80 deg.C    ..................
                                                       \1\.                \3\.                                 
Corn oil........................  14 to 20 deg.C \4\  Insoluble in        0.916-0.921 \4\,    Negligible.\6\    
                                                       water; soluble in   0.91875.\5\.                         
                                                       acetone.<SUP>1,2.                                             
Coconut oil.....................  Solid to liquid at  Insoluble in        0.922 \7\.........  ..................
                                   15 deg.C, 1         water; very                                              
                                   atm.\7\.            soluble in                                               
                                                       ether.\1\.                                               
Rapeseed/Canola oil.............  -2 to -10 deg.C;    Insoluble in        0.913-0.917 \8\...  250 deg.C,        
                                   liquid at 15        water; soluble in                       0.535mmHg.\9\    
                                   deg.C.\4\.          chloroform and                                           
                                                       ether.\4\.                                               
Fish oil........................  -2 to 4 deg.C;      Insoluble in water  0.93 at 20          ..................
                                   liquid at 15        \1\.                deg.C.\7\.                           
                                   deg.C.\4\.                                                                   
Soybean oil.....................  -10 to -16 deg.C;   Insoluble in water  0.916-0.922 \4\,    250 deg.C,        
                                   liquid at 15        and acetone.\1\.    0.9175 \5\.         0.351mmHg.\9\    
                                   deg.C.\5\.                                                                   
Cottonseed oil..................  0 to -5 deg.C;      Insoluble in        0.915-0.921 \4\,    250 deg.C,        
                                   liquid at 15        water; slightly     0.917 \5\.          0.317mmHg.\9\    
                                   deg.C.\4\.          soluble in                                               
                                                       alcohol.\1\.                                             
Palm oil........................  Solid to liquid at  Insoluble in        0.920-0.927         ..................
                                   15 deg.C, 1         water.\1\.          (fruit), 0.952                       
                                   atm.\7\.                                (seed).\4\.                          
Lard............................  -2 to 4 deg.C \1\.  Insoluble in water  0.917 \4\ <1 \1\..  ..................
                                                       or cold alcohol;                                         
                                                       soluble in ether                                         
                                                       and benzene.\1\.                                         
----------------------------------------------------------------------------------------------------------------
                                                 Petroleum Oils                                                 
----------------------------------------------------------------------------------------------------------------
Diesel..........................  Liquid at 15        Insoluble in water  0.841 at 16 deg.C   38 deg.C,         
                                   deg.C, 1 atm \7\.   \7\.                \7\.                0.201mmHg.\9\    
Fuel Oil #1 (kerosene)..........  Liquid at 15        Insoluble in        0.80 \4\..........  21 deg.C, 2.12-   
                                   deg.C, 1 atm \7\.   water; miscible                         26.4mmHg.\11\    
                                                       with other                                               
                                                       petroleum                                                
                                                       solvents.\1\.                                            
Fuel Oil 2-D....................  Liquid at 15        Insoluble in water  0.87-0.9 at 20      21 deg.C, 2.12-   
                                   deg.C, 1 atm \7\.   \7\.                deg.C \7\.          26.4mmHg.\11\    
Crude...........................  Liquid at 15        Insoluble in water  0.89 \8\..........  37.8 deg.C,       
                                   deg.C, 1 atm \7\.   \7\.                                    3.27mmHg.\10\    
Fuel Oil #6 Residual............  Liquid at 15        Insoluble in water  0.95 approx. at 20  37.8 deg.C,       
                                   deg.C, 1 atm \7\.   \7\.                deg.C \7\.          0.092mmHg.\10\   
Jet Fuel JP #7..................  ..................  ..................  ..................  260 deg.C, 2,480  
                                                                                               mmHg.\12\        
T 1.............................  ..................  ..................  ..................  180-380 deg.C,    
                                                                                               6,907mmHg.\13\   
T 6.............................  ..................  ..................  ..................  170-450 deg.C,    
                                                                                               7,120mmHg.\13\   
----------------------------------------------------------------------------------------------------------------


                                                                        
                                Viscosity dynamic    Viscosity kinematic
          Oil type                (centipoises)         (centistokes)   
                               Edible Oils                              
------------------------------------------------------------------------
Tallow......................  16.5 at 100 deg.C     ....................
                               \3\                                      
Corn oil....................  30.8 at 40 deg.C \5\  ....................
Coconut oil.................  32.6 at 32 deg.C \7\  29.79 at 37.8       
                                                     deg.C.\14\         
Rapeseed/Canola oil.........  ....................  50.64 at 37.8 deg.C 
                                                     \14\, 62.6 at 25   
                                                     deg.C, 36.7 at 40  
                                                     deg.C for RBD      
                                                     Soybean Oil.\5\    
Fish oil....................  ....................  32.7 at 37.8 deg.C  
                                                     (cod liver 12).\14\
Soybean oil.................  28 at 40 deg.C \15\.  28.49 at 37.8 deg.C 
                                                     \14\, 50.1 at 25   
                                                     deg.C, 28.9 at 40  
                                                     deg.C.\5\          
Cottonseed oil..............  34 at 40 deg.C \15\.  38.88 at 37.8       
                                                     deg.C.\14\         
Palm oil....................                        ....................
Lard........................  45 at 40 deg.C \15\.  44.41 at 37.8       
                                                     deg.C.\14\         
------------------------------------------------------------------------
                             Petroleum Oils                             
------------------------------------------------------------------------
Diesel......................  11.9 at 37.8 deg.C    6.8 at 20 deg.C.\10\
                               \7\.                                     
Fuel Oil #1 (kerosene)......  1.15 at 21 deg.C \7\  1.7 at 15 deg.C.\10\
Fuel Oil 2-D................  1.97 at 21 deg.C \7\  2.0 to 3.6 at 38    
                                                     deg.C.\10\         
Crude.......................  5.5 at 21 deg.C \7\.  5.96 at 20          
                                                     deg.C.\10\         
Fuel Oil 6 Residual.........  123 to 233 at 20      >130 at 40          
                               deg.C \10\.           deg.C.\10\         
\1\ HSDB: Hazardous Substances Data Base. National Library of Medicine, 
  1997.                                                                 
\2\ USDOC/NOAA, 1994.                                                   
\3\ Chemical Hazards Response Information System (CHRIS), DOT, USCG,    
  January, 1991.                                                        
\4\ Merck Index, 1989.                                                  
\5\ Hui, 1996a, 1996b.                                                  
\6\ Material Safety Data Sheet (MSDS), 1997, Corn Oil, Fisher           
  Scientific.                                                           
\7\ Chemical Hazards Response Information System (CHRIS), Department of 
  Transportation, U.S. Coast Guard, 1995.                               

[[Page 54536]]

                                                                        
\8\ Allen and Nelson, 1983.                                             
\9\ Murata et al., 1993.                                                
\10\ Whiticar et al., 1993.                                             
\11\ U.S. Department of Health and Human Services, Agency for Toxic     
  Substances and Disease Registry, 1995b.                               
\12\ U.S. Department of Health and Human Services, Agency for Toxic     
  Substances and Disease Registry, 1995c.                               
\13\ Dubovkin et al.,1981. Translated.                                  
\14\ Rescorla and Carnahan, 1945.                                       
\15\ Weiss, 1983.                                                       


  Table 2.--Comparison of Vegetable Oils and Animal Fats With Petroleum 
                                  Oils                                  
------------------------------------------------------------------------
                              Vegetable oil/animal                      
                                      fats             Petroleum oils   
------------------------------------------------------------------------
Chemical Properties:                                                    
    Chemical Structure......  Triglycerides         Alkanes,            
                               (triacylglycerols),   cycloalkanes,      
                               cholesterol,          aromatic           
                               phospho lipids,       hydrocarbons,      
                               fatty acids, other    polynuclear        
                               components in crude   aromatic           
                               oils.<SUP>1,2,3.           hydrocarbons       
                                                     (PAHs), other      
                                                     components in crude
                                                     oils.<SUP>4             
    Chemical Form...........  Some liquids, some    Some liquids, some  
                               solids.<SUP>1,5,6,7,8,9.   solids.<SUP>10,11,12,13 
Physical Properties:                                                    
    Density.................  Most 0.908-0.927 at   Most 0.80-0.95 at 20
                               20  deg. C; most      deg. C; most float 
                               float on water,       on water, some     
                               some                  sink.<SUP>8,9,14        
                               sink.<SUP>1,5,6,7,9,14.                       
    Solubility..............  Most insoluble in     Most insoluble in   
                               water, soluble in     water, soluble in  
                               organic               organic            
                               solvents.<SUP>6,8,9.       solvents.<SUP>6,8, <SUP>12   
    Viscosity...............  Wide range, depends   Wide range, depends 
                               on                    on temperature.<SUP>8,10
                               temperature.<SUP>1,5,7,8                      
                               <SUP>,15,16.                                  
    Volatility..............  Generally small       Some fractions      
                               proportion            (e.g., gasoline)   
                               volatile, most not    volatile, some not 
                               volatile.<SUP>1,5,13,17.   volatile; 11-90%   
                                                     volatile, depending
                                                     on type of         
                                                     oil.<SUP>10,11,12,18    
Environmental Fate:                                                     
    Environmental             Oil found in water,   Oil found in water, 
     Distribution.             soil/sediment,        air, soil/sediment,
                               biota; usually        biota.<SUP>4,12,24,25,26
                               little in             <SUP>,27,28,29,30,31,32,
                               air.<SUP>1,5,19,20,21,22   <SUP>33                 
                               <SUP>,23.                                     
    Persistence.............  May persist in        May persist in      
                               environment for       environment for    
                               many years or         many years; depends
                               degrade rapidly;      on oil, media,     
                               depends on oil,       environmental      
                               media,                conditions where   
                               environmental         spilled.<SUP>6, <SUP>30,38,39
                               conditions where                         
                               spilled.<SUP>22,34,35,36                      
                               <SUP>,37.                                     
    Chemical, Physical, and   Oxidation,            Oxidation,          
     Biological Reactions.     hydrolysis,           photolysis,        
                               polymerization,       weathering         
                               photolysis, other     processes; degraded
                               chemical reactions;   by microorganisms; 
                               degraded by           petroleum          
                               microorganisms,       components taken up
                               metabolized by        by plants and      
                               plants and            animals,           
                               animals.<SUP>1,2,3,40,41.  metabolized by     
                                                     macroinvertebrates 
                                                     and some other     
                                                     animals.<SUP>4,30,33    
    Toxic Components,         Some oils contain     Many contain        
     Degradation Products.     toxic components or   benzene, PAHs, and 
                               may be degraded to    other toxic        
                               form toxic            components; may be 
                               products.<SUP>1,2,43,44,   degraded to form   
                               <SUP>45.                   toxic              
                                                     products.<SUP>46,47,48  
Physical Effects:                                                       
    Smothering..............  Yes; suffocation      Yes; suffocation    
                               when oil blocks       from oxygen        
                               aeration at water     depletion.<SUP>30,47    
                               surface or depletes                      
                               oxygen through                           
                               biodegradation.<SUP>20,2                      
                               <SUP>2,49,50,51,52,53.                        
    Coating.................  Yes, can cause        Yes, can cause      
                               hypothermia,          hypothermia,       
                               increased need for    increased need for 
                               food, loss of         food, loss of      
                               buoyancy, decreased   buoyancy, decreased
                               ability to escape     ability to escape  
                               predators.<SUP>22,29,36,   predators.<SUP>28,29,47,
                               <SUP>37,54,55,56,57,58,5   <SUP>54,55,56,57,58     
                               <SUP>9.                                       
    Egg Contamination.......  Yes; can be           Yes; can be         
                               transferred from      transferred from   
                               coated parents and    coated parents and 
                               kill embryos by       kill embryos by    
                               blocking air          blocking air       
                               exchange at egg       exchange at egg    
                               surface.<SUP>22,29,54,55   surface and by     
                               <SUP>,56,57,58.            toxicitytion.<SUP>28,29,
                                                     <SUP>47,56,57,60,61,62,6
                                                     <SUP>3                  
    Food and Habitat          Yes; can cause        Yes, can cause      
     Destruction.              starvation or         starvation or      
                               ingestion of oiled    ingestion of oiled 
                               food, destruction     food that clogs    
                               of future food        organs, destruction
                               sources,              of future food     
                               destruction of        sources,           
                               habitat, community    destruction of     
                               effects.<SUP>22,29,55,56   habitat, community 
                               <SUP>,57.                  effects.<SUP>28,29,47,54
                                                     <SUP>,55,56,57,58,61,64,
                                                     <SUP>65                 
    Lethality (LD<INF>50, LC<INF>50)..  Results vary by       Results vary by     
                               test, organism,       test, organism,    
                               conditionsG546,47,6   conditions.<SUP>46,47,66
                               6,67 Tests            <SUP>,67,68 Tests       
                               submitted by          submitted by       
                               Petitioners Other     petitioner Other   
                               tests: Corn oil and   tests: 0.5-28 ppm  
                               cottonseed more       96-hour LC50 static
                               lethal than mineral   tests for some     
                               oil in albino rats--  aromatic           
                               55 g/kg was LD50      hydrocarbons for   
                               for 5 days for corn   selected marine    
                               oil and for 4 days    macroinvertebrates 
                               for cottonseed oil;   and fish.<SUP>46,47,68  
                               no fatalities at                         
                               130 g/kg with                            
                               mineral oil for 15                       
                               days.<SUP>69 Other                            
                               tests: Several free                      
                               fatty acids                              
                               intermediate in                          
                               lethality in series                      
                               of chemicals in                          
                               fathead minnows.<SUP>70                       
                               Other tests:                             
                               Mussels died after                       
                               two weeks or more                        
                               of exposure to low                       
                               levels of oils (0.3                      
                               ml/min flowrate for                      
                               oils, 300 ml/min                         
                               flowrate                                 
                               seawater).<SUP>19,21.                         
    Acute Toxicity..........  Laxative, diarrhea,   Laxative, decreased 
                               lipid pneumonia,      ability to escape  
                               decreased ability     predators,         
                               to escape             pneumonia; affects 
                               predators; some       lung, liver,       
                               vegetable oils,       kidney, blood,     
                               such as safflower     gastrointestinal   
                               oil, are irritating   and nervous        
                               to human skin and     systems.<SUP>28,29,47,57
                               eyes.<INF>55,56,57,71,72.                     
Chronic Toxicity:                                                       

[[Page 54537]]

                                                                        
    Cancer..................  High-fat diets and    Benzene and some    
                               diets containing      PAHs are human     
                               certain types of      carcinogens;       
                               fats increase         certain crude oil  
                               cancer incidence in   fractions and      
                               studies of            petroleum products 
                               laboratory animals    sufficient evidence
                               and epidemiological   of carcinogenicity 
                               studies.<SUP>1,73,74,75,   in laboratory      
                               <SUP>76,77,78.             animals and        
                                                     associated with    
                                                     increased cancer in
                                                     refinery           
                                                     workers.<SUP>47,48,79   
    Effects on Growth.......  High levels of some   Petroleum           
                               types of fats         hydrocarbons affect
                               increase growth and   nearly all aspects 
                               obesity but early     of physiology and  
                               death and decreased   metabolism; reduced
                               reproductive          feeding rates in   
                               ability in several    most animal species
                               species of animals;   studied at         
                               elevated levels of    concentrations     
                               some oils or          similar to those in
                               components decrease   spills; benthic    
                               growth in some        organisms          
                               fish; growth          especially         
                               inhibition in         sensitive; varying 
                               mussels exposed to    responses in marine
                               low levels of         plants.<SUP>28,29,38,47 
                               sunflower                                
                               oil.<SUP>1,21,35,74,78,8                      
                               <SUP>0,81,82,83,84,85,86.                     
    Reproductive and          Decreased             Affect broad range  
     Developmental Effects.    reproduction or       of reproductive and
                               growth and survival   developmental      
                               of offspring in       processes;         
                               some animals          sensitivities to   
                               ingesting high        hydrocarbons vary  
                               levels of oils;       widely between     
                               kills embryos in      species and life   
                               eggs by physical      stages; significant
                               effects, unknown      reproductive       
                               whether toxicity      impairment rarely  
                               also                  seen in field      
                               occurs.<SUP>22,55,56,57,   although coral,    
                               <SUP>74.                   mussels, fiddler   
                                                     crabs,fish, birds, 
                                                     crustaceans,       
                                                     teleosts can be    
                                                     affected, some for 
                                                     years; decreased   
                                                     reproductive       
                                                     capacity and       
                                                     malformations in   
                                                     fish, birds;       
                                                     reduced egg        
                                                     production and     
                                                     toxicity in several
                                                     bird               
                                                     species.<SUP>28,29,30,38
                                                     <SUP>,47,59,60,61,62    
    Other Toxic Effects.....  Effects on shells of  Affect broad range  
                               mussels exposed to    of organ systems   
                               low levels of oils,   and functions;     
                               decreased foot        increased          
                               extension activity;   vulnerability to   
                               human and some        disease and        
                               animal studies show   decreased growth   
                               correlation of high   and reproductive   
                               levels of dietary     success; adverse   
                               fats with coronary    skin effects in    
                               artery disease,       workers; components
                               some types of         affect immune and  
                               cancer,               hematopoeitic      
                               hypertension,         systems.<SUP>28,29,30,38
                               diabetes, obesity,    <SUP>,39,47,48          
                               altered immunity,                        
                               altered steroid                          
                               excretion, effects                       
                               on bone modeling;                        
                               increased                                
                               atherosclerosis in                       
                               rats fed high                            
                               cholesterol levels;                      
                               decreased lifespan                       
                               in some animals                          
                               consuming high                           
                               levels of certain                        
                               types of oils that                       
                               increased growth                         
                               and                                      
                               obesity.<SUP>1,21,35,73,                      
                               <SUP>74,78,86,87.                             
    Toxicity of Components    Most common chronic   Single exposures to 
     or Degradation Products.  toxic effects of      benzene, a         
                               gossypol, a           component of       
                               cottonseed oil        petroleum oils, at 
                               component, in         very high          
                               animals are cardiac   concentrations     
                               irregularity,         fatal in man; can  
                               circulatory failure   cause central      
                               or rupture of red     nervous system     
                               blood cells, and      stimulation        
                               death; erucic acid    followed by        
                               in rapeseed oil and   depression and     
                               mustardseed oil       respiratory        
                               causes cardiac        failure; can       
                               effects, fat          produce nausea,    
                               deposition in         giddiness,         
                               hearts of animals,    headache,          
                               growth suppression,   unconsciousness,   
                               anemia, and other     convulsions, and   
                               effects, affects      paralysis; chronic 
                               essential fatty       exposure of humans 
                               acids; cyclopropene   to benzene can     
                               fatty acids in        produce anemia and 
                               cottonseed and        other blood effects
                               other oils suppress   and decrease immune
                               growth and impair     defense mechanisms;
                               female reproduction   some PAHs,         
                               in laboratory         components of      
                               animals, produce      petroleum oils,    
                               embryomortality in    have reproductive  
                               hens and rats,        effects and cause  
                               increase liver        birth defects in   
                               toxicity of other     animals and can    
                               chemicals, and        affect skin, body  
                               cause liver cancer    fluids, and the    
                               in rainbow trout;     immune system after
                               oxidation products    short and long-term
                               of animal fats and    exposures in       
                               vegetable oils--      animals, and cause 
                               cholesterol           some respiratory   
                               oxidation products    effects in workers;
                               can adversely         some breakdown     
                               affect the heart,     products are       
                               immune system, and    mutagenic or linked
                               metabolism, and       to                 
                               some lipid            carcinogenicity.<SUP>12,
                               oxidation products    <SUP>28,29,38,47,48,66,7
                               may act in cancer     <SUP>9,94               
                               development and                          
                               affect                                   
                               atherosclerosis.<SUP>1,4                      
                               <SUP>2,43,44,88,89,90,91                      
                               <SUP>,92,93.                                  
Indirect Effects............  High levels of oils   Fuel oil no. 5      
                               upset fermentation    reduced herring    
                               and digestion in      population by      
                               ruminants.\95\.       decreasing amphipod
                                                     grazers that       
                                                     control fungal     
                                                     damage to fish     
                                                     eggs.\47\          
Aesthetics (Fouling,          Rancid odors of       Fouling of beaches  
 Rancidity).                   breakdown products;   with tar balls and 
                               fouling of beaches,   weathered          
                               polymers formed in    oil.<SUP>31,32,33,47    
                               water and on                             
                               sediments and                            
                               concrete-like                            
                               aggregates of oil                        
                               and sand foul                            
                               beaches.                                 
                               <SUP>1,2,3,5,19,21,22,34                      
                               <SUP>,35,96.                                  
Fire/Explosion Hazard.......  Usually not a         Many petroleum      
                               hazard, unless        products contain   
                               hexane or other       volatile chemicals 
                               chemicals             that are flammable 
                               present.<SUP>1,2,15,17.    or explosive under 
                                                     certain            
                                                     conditions.<SUP>11,12,18
                                                     <SUP>,31,39             

[[Page 54538]]

                                                                        
Interference With Water       Large amounts can     Spills can interfere
 Treatment.                    overwhelm             with water         
                               microorganisms used   treatment          
                               in water treatment    processes,         
                               plants; treatment     requiring shutdown 
                               plants must be shut   of plants and      
                               down and              provision of       
                               alternative water     alternate water    
                               supply provided to    supply; can        
                               prevent disruption    contaminate        
                               from                  groundwater.<SUP>30,52,9
                               spills.<SUP>96,97,98,99,   <SUP>7,98,99            
                               <SUP>100.                                     
------------------------------------------------------------------------
\1\ Hui, 1996a                                                          
\2\ Hoffmann, 1989                                                      
\3\ Lawson, 1995a                                                       
\4\ NAS, 1985a                                                          
\5\ Hui, 1996b                                                          
\6\ Hazardous Substances Data Base, National Library of Medicine, 1997  
\7\ CHRIS (Chemical Hazards Response Information System), DOT, 1991     
\8\ CHRIS (Chemical Hazards Response Information System), DOT, 1995     
\9\ Merck Index, 1989                                                   
\10\ Whiticar et al., 1993                                              
\11\ Dubovkin et al., 1995                                              
\12\ USDHHS/ATSDR, 1995b                                                
\13\ Material Safety Data Sheet on Corn Oil, 1997                       
\14\ Allen and Nelson, 1983                                             
\15\ Rescorla and Carnahan, 1936                                        
\16\ Weiss, 1983                                                        
\17\ Murata et al., 1993                                                
\18\ USDHHS/ATSDR,1995a                                                 
\19\ Salgado, 1992                                                      
\20\ Mudge et al., 1993                                                 
\21\ Mudge, 1995                                                        
\22\ Crump-Wiesner and Jennings, 1975                                   
\23\ Russell and Carlson, 1978                                          
\24\ Sanders et al., 1980                                               
\25\ Shaw, 1977                                                         
\26\ Lee, 1977                                                          
\27\ Teal, 1977                                                         
\28\ Alexander, 1983                                                    
\29\ Hartung, 1995                                                      
\30\ USDOC/NOAA, 1996                                                   
\31\ USDOC/NOAA, 1992b                                                  
\32\ Clark, 1993                                                        
\33\ NAS, 1985d                                                         
\34\ Mudge, 1997a                                                       
\35\ Mudge, 1997b                                                       
\36\ Minnesota, 1963                                                    
\37\ USDHHS, 1963                                                       
\38\ Entrix, 1992                                                       
\39\ USDOC/NOAA, 1992a                                                  
\40\ Hui, 1996d                                                         
\41\ Ratledge, 1994                                                     
\42\ Hayes, 1982                                                        
\43\ Mattson, 1973                                                      
\44\ Berardi and Goldblatt, 1980                                        
\45\ Rechcigl, 1983                                                     
\46\ NAS, 1985c                                                         
\47\ NAS, 1985e                                                         
\48\ IARC, 1989                                                         
\49\ Mudge et al., 1995                                                 
\50\ Mudge et al., 1997b                                                
\51\ Straughan , 1977                                                   
\52\ Groenewold et al., 1982                                            
\53\ Institute, 1985                                                    
\54\ Michael, 1977                                                      
\55\ USDOI/FWS, 1994                                                    
\56\ Frink, 1994                                                        
\57\ Frink and Miller, 1995                                             
\58\ Rozemeijer et al., 1992                                            
\59\ Smith and Herunter, 1989                                           
\60\ Albers, 1995                                                       
\61\ Leighton, 1995                                                     
\62\ Albers, 1977                                                       
\63\ Szaro and Albers, 1977                                             
\64\ Croxall, 1975                                                      
\65\ Lyall, 1996                                                        
\66\ Klaassen et al., 1986                                              
\67\ Rand, 1985                                                         
\68\ Mecklenburg et al., 1977                                           
\69\ Boyd, 1973                                                         
\70\ USEPA, 1976                                                        
\71\ Gilman et al., 1985                                                
\72\ Lewis, 1996                                                        
\73\ USDHHS, 1990                                                       
\74\ NAS/NRC, 1995                                                      

[[Page 54539]]

                                                                        
\75\ Tannenbaum, 1942                                                   
\76\ Carroll, 1990                                                      
\77\ Freedman, 1990                                                     
\78\ FAO/WHO, 1994                                                      
\79\ IARC, 1984                                                         
\80\ NAS/NRC, 1983                                                      
\81\ NAS/NRC, 1981a                                                     
\82\ Takeuchi and Watanabe, 1979                                        
\83\ Stickney and Andrews, 1971                                         
\84\ Stickney and Andrews, 1972                                         
\85\ Murray et al., 1977                                                
\86\ Salgado, 1995                                                      
\87\ Sellers and Baker, 1960                                            
\88\ Frankel, 1984                                                      
\89\ Hendricks et al., 1980a                                            
\90\ Phelps et al., 1965                                                
\91\ Miller et al., 1969                                                
\92\ Roine et al., 1960                                                 
\93\ Yannai, 1980                                                       
\94\ USDHHS/ATSDR, 1995d                                                
\95\ Van Soest, 1994                                                    
\96\ Rigger, 1997                                                       
\97\ USEPA, 1978; Identification of Conventional Pollutants, 43 FR 32857-
  32859, July 28, 1978                                                  
\98\ USEPA, 1979; Final Rule, Identification of Conventional Pollutants,
  44 FR 44501-44503, July 30, 1979                                      
\99\ Metcalf and Eddy, 1972                                             
\100\ Goodrich, 1980                                                    


                 Table 3. Comparison of AQUA Methods and Standard Acute Aquatic Testing Methods                 
----------------------------------------------------------------------------------------------------------------
              Method                  Number of species             Fish size                 Acclimation       
----------------------------------------------------------------------------------------------------------------
AQUA Report 1993..................  1--Fathead minnow....  0.066<plus-minus>0.041 g,   5 days.                  
                                                            20.4<plus-minus>3.7 mm,                             
                                                            approximately 4 weeks old.                          
USEPA/OPP 1982 (update 1985) \1\..  2--1 warmwater, 1      0.5-5 g, very young not     (At least 2 weeks).      
                                     coldwater (2--1        used, longest no more                               
                                     warmwater, 1           than twice shortest (0.5-                           
                                     coldwater).            5g).                                                
ASTM 1986.........................  List of recommended    0.5-5 usually, not very     2 days or more with 100% 
                                     species.               young, similar size and     dilution water and      
                                                            age, length of longest no   maximum temperature,    
                                                            more than twice shortest.   change no more than 3   
                                                                                        deg.C over 72 hours.    
USEPA/OTS 1985 (update 1987)......  Fathead minnow or      2<plus-minus>1 cm           Held 12 to 15 days before
                                     other listed species.  recommended length.         testing; maintained in  
                                                                                        water of quality to be  
                                                                                        used in test at least 7 
                                                                                        days.                   
USEPA/ORD 1985 (update 1991)        Species depends on     Age: 1-90 days {Age: 1-14   At least 24 hours in 100%
 {update 1993b}\2\.                  regulatory             days}.                      dilution water at       
                                     requirements.                                      temperature range of    
                                                                                        test.                   
APHA 1989.........................  List; sensitive to     Most sensitive life stage,  Acclimate fish to lab    
                                     effluent, material,    depending on test           conditions at least 14  
                                     envi. conditions.      purpose; longest no more    days; 100% dilution     
                                                            than 1.5 times length of    water for at least 2    
                                                            shortest.                   days.                   
OECD 1984.........................  1 or more............  Recommended total length    12 days or more; fish    
                                                            for several species;        exposed to water of test
                                                            2<plus-minus>1 cm for       quality and temperature 
                                                            fathead minnow; rationale   at least 7 days.        
                                                            if others.                                          
EEC 1984..........................  1 or more............  Recommended length 5<plus-  12 days or more; fish    
                                                            minus>2 cm for fathead      exposed to water of test
                                                            minnow.                     quality and temperature 
                                                                                        at least 7 days.        
----------------------------------------------------------------------------------------------------------------


                                                                        
           Method             Static test duration        Aeration      
AQUA Report 1993............  48 hours............  No--Set 1.          
                                                    Yes--Crude soybean  
                                                     oil and diesel     
                                                     fuel, set 2 aerated
                                                     for 48 hours;      
                                                     others not aerated.
USEPA/OPP 1982 (update 1985)  96 hours (96 hours).  (No, except aerate  
                                                     reconstituted water
                                                     prior to use).     
ASTM 1986...................  96 hours, except 48   May gently aerate   
                               hours for daphnids    all chambers and   
                               and midge larvae;     controls; use      
                               record mortality at   simultaneous test  
                               24, 48, 96 hours      without aeration;  
                               for LC.<INF>50.            toxicant           
                                                     concentration in   
                                                     aerated chamber not
                                                     more than 20% lower
                                                     than unaerated.    
USEPA/OTS 1985 (update 1987)  96 hours preferred,   Dilution water      
                               mortality at 24,      aerated until      
                               48, 72, 96 hours,     oxygen saturation, 
                               LC<INF>50, 95%             stored 2 days      
                               confidence limits     without further    
                               (96 hours).           aeration.          
USEPA/ORD 1985 (update 1991)  24-48 hours; 96       May alter results,  
 {update 1993b}.               hours, some states    only as last       
                               (24-96 hours,         resort; none,      
                               depends on            unless dissolved   
                               requirements).        oxygen <4mg/l, at  
                                                     which time gentle  
                                                     single-bubble      
                                                     aeration (Aeration 
                                                     rate not over 100  
                                                     bubbles/min in all 
                                                     test solutions).   
APHA 1989...................  96 hours for LC<INF>50;    Avoid aerating,     
                               24 hours, range-      because aeration   
                               finding.              may alter results. 
OECD 1984...................  96 hours preferred;   May be used if no   
                               mortality recorded    significant loss of
                               at 24, 48, 72, and    test substance;    
                               96 hours and LC.<INF>50.   must show test     
                                                     substance          
                                                     concentration at   
                                                     least 80% nominal  
                                                     concentration over 
                                                     test period.       

[[Page 54540]]

                                                                        
EEC 1984....................  96 hours preferred,   ...<INF>.................
                               48 hours minimum;                        
                               morality recorded                        
                               each 24 hours and                        
                               LC.<INF>50.                                   
------------------------------------------------------------------------


                                                                        
           Method                 Test Vessels        Dissolved oxygen  
AQUA Report 1993............  Polyethylene buckets  Protocol says not   
                                                     below 4.5 mg/l (but
                                                     was below 4.5 in   
                                                     100% beef tallow   
                                                     and all            
                                                     concentrations of  
                                                     crude soybean oil, 
                                                     Set 1).            
USEPA/OPP 1982 (update 1985)  (Glass or welded      Measure             
                               stainless steel;      concentration at   
                               polyethylene          start and every 48 
                               absorbs test          hours to end; first
                               materials; for        48 hrs., 60-100%   
                               other materials,      saturation, then 40-
                               analyze toxicant      100% (Measure in   
                               concentration).       control, high,     
                                                     medium, low        
                                                     concentration).    
ASTM 1986...................  Welded stainless      60-100% saturation  
                               steel or glass;       for first 48 hours,
                               size and shape of     40-100% saturation 
                               chamber may affect    after 48 hours.    
                               results if toxicant                      
                               volatilizes or                           
                               sorbs onto chamber.                      
USEPA/OTS 1985 (update 1987)  Not contain           Maintain above 4.5  
                               substances that       mg/l or at least   
                               leached or            60% air saturation 
                               dissolved into        value.             
                               aqueous solutions                        
                               or chemical                              
                               sorption; glass,                         
                               stainless steel,                         
                               perfluorocarbon                          
                               plastic.                                 
USEPA/ORD 1985 (update 1991)  Usually soft glass    4 mg/l minimum      
 {update 1993b}.               {Borosilicate glass   warmwater species, 
                               or non-toxic          6 mg/l minimum     
                               disposable plastic,   coldwater species. 
                               covered}.                                
APHA 1989...................  No material with      At or near          
                               leachable             saturation, never  
                               substances or         below 4 mg/l or 60%
                               adsorbs substances    saturation.        
                               from water;                              
                               stainless steel                          
                               probably best,                           
                               glass adsorbs                            
                               organics; do not                         
                               use rubber or                            
                               plastics with                            
                               fillers, additives,                      
                               stabilizers..                            
OECD 1984...................  Chemically inert      At least 60% of air 
                               materials, suitable   saturation value   
                               capacity.             throughout.        
EEC 1984....................  ....................  At least 60% of air 
                                                     saturation value at
                                                     selected           
                                                     temperature        
                                                     throughout.        
------------------------------------------------------------------------


                                                                        
                                                    Chemical Analysis of
           Method                Dilution Water         Concentration   
AQUA Report 1993............  72 mg/l CaCO<INF>3         None reported;      
                               (moderately hard,     nominal            
                               lab fresh water       concentrations     
                               deionized).           listed in report.  
USEPA/OPP 1982 (update 1985)  Describe source,      Describe methods,   
                               characteristics,      concentration,     
                               pretreatment          validation and     
                               (Reconstituted        blanks if done     
                               water, soft, aged 1-  (Chemical analysis 
                               2 weeks, aerated      of test solutions  
                               before use or         preferred,         
                               natural water,        especially if      
                               hardness 40-48 mg/l   aerated, material  
                               as CaCO<INF>3; animals     insoluble,         
                               not stressed).        containers not     
                                                     stainless steel or 
                                                     glass, or chemical 
                                                     adsorbs to         
                                                     container).        
ASTM 1986...................  Test organisms        Measure             
                               survive without       concentration at   
                               stress or grow and    beginning and end  
                               reproduce;            in all chambers if 
                               reconstituted,        possible; desirable
                               surface, or natural   to measure         
                               water, requirements   degradation        
                               described.            products and report
                                                     methods of         
                                                     analysis, standard 
                                                     deviation and      
                                                     validation studies.
USEPA/OTS 1985 (update 1987)  Drinking, natural,    Measure             
                               or reconstituted      concentration in   
                               water, 50-250 mg/l    each at beginning  
                               as CaCO<INF>3, pH6-8.5     and end; validate  
                               preferred.            analytical methods,
                                                     degradation        
                                                     products not       
                                                     interfere;         
                                                     replicates within  
                                                     20% (Concentration 
                                                     in each chamber not
                                                     vary >30% from     
                                                     measured at start).
USEPA/ORD 1985 (update 1991)  Receiving water,      Use methods in CWA  
 {update 1993b}.               other surface         Sec 304(h) for     
                               water, ground         analysis {Measure  
                               water, soft           in each test       
                               synthetic water       concentration at   
                               {Same water,          start, daily, and  
                               culturing and         end}.              
                               dilution}.                               
APHA 1989...................  Reconstituted or      Measure             
                               natural water;        concentration in   
                               standard water        each container at  
                               conditions for        start and once     
                               comparative           during test;       
                               toxicity,             measured           
                               sensitivity tests.    concentration      
                                                     within 15% of      
                                                     calculated.        
OECD 1984...................  Drinking, natural or  Must show           
                               reconstituted         concentration      
                               water; prefer         maintained and     
                               hardness 50-250 mg    measured           
                               CaCO<INF>3 per liter, pH   concentration at   
                               6-8.5.                least 80% of       
                                                     nominal.           
EEC 1984....................  Drinking water,       Evidence from       
                               natural water,        analysis, chemical 
                               reconstituted         properties, or test
                               water; prefer 50-     system used that   
                               250 mg/l as CaCO<INF>3,    concentration      
                               pH 6-8.5.             maintained and     
                                                     within 80% of      
                                                     initial            
                                                     concentration.     
------------------------------------------------------------------------


                                                                        
              Method                          Results reported          
AQUA Report 1993..................  48-hour LC<INF>50; no confidence limits  
                                     reported, but protocol says        
                                     intervals computed.                
USEPA/OPP 1982 (update 1985)......  Effect criteria, percent with       
                                     effects; 96-hour LC<INF>50, 95%         
                                     confidence limits, slope or show   
                                     LC<INF>50>100 mg/l (at least 30         
                                     organisms exposed) or >100,000     
                                     times maximum expected             
                                     environmental concentration or     
                                     estimated environmental            
                                     concentration (Methods, materials, 
                                     organisms, LC<INF>50, 95% confidence    
                                     limits, slope, calculations,       
                                     chemical analysis).                
ASTM 1986.........................  24, 48, and 96-hour LC<INF>50, 95%       
                                     confidence limits, percentage died 
                                     at each concentration and controls,
                                     calculation methods, and detailed  
                                     information on test and organisms  
                                     and findings, validation studies   
                                     for analytical methods and         
                                     accuracy.                          
USEPA/OTS 1985 (update 1987)......  Test procedures and conditions,     
                                     preparation of test solutions,     
                                     maximum concentration with 0%      
                                     mortality, minimum concentration   
                                     with 100% mortality, cumulative    
                                     mortality each concentration and   
                                     time, LC<INF>50 based on nominal        
                                     concentration at each time, 95%    
                                     confidence limits, concentration-  
                                     mortality curve at end, procedures 
                                     for determining LC<INF>50, mortality of 
                                     controls, test according to        
                                     guidelines.                        

[[Page 54541]]

                                                                        
USEPA/ORD 1985 (update 1991)        Chemical analysis, organisms died or
 {update 1993b}.                     effect in each chamber,            
                                     observations, LC<INF>50, 95% confidence 
                                     intervals and methods to calculate,
                                     deviation from methods {Raw        
                                     toxicity data, relationship between
                                     LC<INF>50 and NOAEL if NOAEL, pass/     
                                     fail}.                             
APHA 1989.........................  LC<INF>50's for exposure times, 95%      
                                     confidence limits; mortality in    
                                     controls, describe test conditions 
                                     and methods, observations, test    
                                     material, response criteria.       
OECD 1984.........................  Cumulative percent mortality vs.    
                                     concentration; LC<INF>50; confidence    
                                     limits, p=0.95; where data         
                                     inadequate, geometric mean of      
                                     highest concentration with 0%      
                                     mortality and lowest concentration 
                                     with 100%.                         
EEC 1984..........................  Methodology, highest concentration  
                                     with 0% mortality, lowest          
                                     concentration with 100% mortality, 
                                     cumulative mortality, control,     
                                     LC<INF>50, 95% confidence limits, LC<INF>50  
                                     calculations, dose-response at end,
                                     slope, dissolved oxygen and pH and 
                                     temperature every 24 hours.        
------------------------------------------------------------------------


                                                                        
              Method                       Special considerations       
AQUA Report 1993..................  ....................................
USEPA/OPP 1982....................  Required to register end-use        
(update 1985).....................   pesticide product introduced       
                                     directly into aquatic environment, 
                                     LC<INF>50 below or equal to maximum     
                                     expected environmental             
                                     concentration, or ingredient       
                                     enhances toxicity                  
                                    (Required if insoluble; flow-through
                                     if high BOD; 17-22  deg.C, at least
                                     10 organisms/concentration, loading
                                     limits; reviews statistical        
                                     analysis; invalid if aerated or not
                                     glass or solubility problems).     
ASTM 1986.........................  Use flow-through if chemical has    
                                     high BOD; loading limits specified 
                                     so dissolved oxygen acceptable,    
                                     metabolic products not above       
                                     acceptable level, and no crowding; 
                                     temperature not vary > 1 deg.C; 10 
                                     organisms per concentration group. 
USEPA/OTS, 1985...................  Guidelines for development of test  
(update, 1987)....................   rules standards, test data under   
                                     Toxic Substances Control Act;      
                                     loading limits; 23 deg. <plus-     
                                     minus> 2 deg.C.                    
USEPA/ORD 1985....................  For National Pollutant Discharge    
(update 1991).....................   Elimination System effluents;      
{update 1993b}....................   definitive vs. screening tests;    
                                     loading, limits; 20 deg. C; 2      
                                     replicates, 10 organisms/          
                                     concentration.                     
                                    {If pH outside 6-9, two parallel    
                                     tests, one adjusted; or static     
                                     renewal or flow-through}.          
APHA 1989.........................  5 concentrations and control; 10    
                                     fish/tank, 20 fish/concentration;  
                                     species in receiving water or      
                                     similar, available for tests,      
                                     healthy in lab, important trophic  
                                     link or economic resource.         
OECD 1984.........................  21-25 deg. C; carry out without pH  
                                     adjustment, adjust pH of stock     
                                     solution if necessary so           
                                     concentration not changed and no   
                                     reaction or precipitation.         
EEC 1984..........................  20-24  deg. C <plus-minus> 1 deg.C; 
                                     carry out without pH adjustment,   
                                     adjust if necessary; interpret     
                                     results with care if stability or  
                                     homogeneity of test substance not  
                                     maintained.                        
------------------------------------------------------------------------
<SUP>1 In some instances, other test conditions were allowed (USEPA, 1996).  
  Draft Amendment to Standard Evaluation Procedures, 1996 states:       
Individual fish should weigh 0.1-5 g. Hardness of natural dilution water
  of less than 200 mg/l as CaCO3 can be used in lieu of reconstituted   
  water for organic chemicals. Chemicals that are poorly soluble or with
  a water solubility less than 100 ppm (<100 mg/l) should be tested up  
  to the maximum water solubility if certain conditions apply.          
<SUP>2 Final Report of Fourth Edition, August, 1993.                         


                                   Table 4.--Effects of Real-World Oil Spills                                   
----------------------------------------------------------------------------------------------------------------
       Name and location of spill                 Oil spilled                           Effects                 
----------------------------------------------------------------------------------------------------------------
Minnesota Soybean Oil and Petroleum Oil   1 to 1.5 million gallons     Killed thousands of ducks and other      
 Spills (1962-1963).<SUP>1,2                    soybean oil from storage     waterfowl and wildlife or injured them  
                                           facilities, 1 million        through coating; 5,300 birds injured or 
                                           gallons low viscosity        died, 26 beavers, 177 muskrats.         
                                           cutting oil.                Formed stringy, rubbery masses with      
                                                                        slicks; sank to bottom; milky material  
                                                                        and hard crusts of soybean oil with sand
                                                                        on beaches.                             
                                                                       Soybean oil caused much of waterfowl     
                                                                        loss, as shown by lab analysis of oil   
                                                                        scraped from ducks.                     
Fanning Atoll Spill (1975).\3\            Cargo ship with coconut      Effects similar to petroleum oil spill.  
                                           oil, palm oil, and edible   Killed fish, crustaceans, mollusks;      
                                           materials; ran aground,      shifts in algal community continued for 
                                           dumped cargo onto coral      11 months.                              
                                           reef.                                                                
Kimya Spill, North Wales                  Cargo of unrefined           Killed mussels, shifts in ecological     
 (1991).<SUP>4,5,6,7,8                          sunflower oil.               communities around spill.               
                                                                       Polymerized, covered bottom, killed      
                                                                        benthic organisms; formed impermeable   
                                                                        cap, shut out oxygen, bacteria cannot   
                                                                        break down; polymers remain nearly 6    
                                                                        years later.                            
                                                                       Concrete-like aggregates of oil and sand 
                                                                        on beach.                               
                                                                       Lab studies of mussels show small amounts
                                                                        of sunflower and other vegetable oils   
                                                                        kill mussels after 2 weeks; affect      
                                                                        mussel lining.                          
Rapeseed Oil Spills (1974-1978).\9\       3 small spills, total about  Greater losses of birds from 3 small     
                                           35 barrels rapeseed oil.     spills of rapeseed oil than 176 spills  
                                                                        of petroleum oils over 5 years in       
                                                                        Vancouver Harbor.                       
                                                                       Killed 500 birds; petroleum spills killed
                                                                        less than 50 birds.                     
                                                                       Perhaps vegetable oils lack strong,      
                                                                        irritating odor of petroleum oils, so   
                                                                        birds do not avoid.                     
(1989).\10\                               About 10 barrels (400        88 oiled birds of 14 species, half of    
                                           gallons) of rapeseed oil.    them dead; half of rescued birds died;  
                                                                        casualties probably higher.             
                                                                       About 300 oiled Barrow's Goldeneyes      
                                                                        spotted 2 days after spill crowded onto 
                                                                        islands where they remained for 2 days--
                                                                        fate unknown, but weakened birds often  
                                                                        die.                                    

[[Page 54542]]

                                                                                                                
Fat and Oil Pollution in New York State   Wide variety of sources....  Killed waterfowl, coated boats and       
 Waters (1967).\11\                                                     beaches, tainted fish, created taste and
                                                                        odor problems in water treatment plants.
                                                                       Grease like substances on shore or       
                                                                        floating on Lake Ontario; shoreline     
                                                                        grease balls smelled like lard, analyzed
                                                                        as mixtures of animal and vegetable     
                                                                        fats.                                   
Spills of Fish Oil Mixtures near Bird     Fish factory effluent pipe   Killed at least 709 Cape Gannets, 5,000  
 Island, Lamberts Bay, South Africa        near breeding ground for     Cape Cormorants, and 108 Jackass        
 (1974).\12\                               Cape Gannets.                Penguins.                               
                                                                       Penguins with sticky, white, foul-       
                                                                        smelling coat of oil shivering; gannet  
                                                                        chicks dead.                            
                                                                       Milky white sea and clots of oil on      
                                                                        island smelling of fish.                
Releases at two other fish factories at   Two other fish factories;    Two other fish factories; at one, killed 
 St. Helena Bay and Saldanha Bay, South    storage pits and             10,000 rock lobsters and thousands of   
 Africa (1973).\13\                        processing effluents and     sea urchins probably from oxygen        
                                           off loading water from       depletion; at second, killed 100,000    
                                           vessels.                     clams and black mussels, prawns,        
                                                                        polychetes, and anemones, and smelled   
                                                                        bad and adversely affected aesthetics of
                                                                        beaches and camping site.               
Soybean Oil Spills in Georgia             Soybean oil from tanker      Aesthetic effects at Lake Lanier; rancid 
 (1996).\14\                               truck and soybean            oil as weathered; adhered to boats and  
                                           vegetable oil refinery       docks.                                  
                                           with overfilled             At Macon, rapid response prevented       
                                           aboveground storage tank.    significant damage from oil, which      
                                                                        flowed through storm water system and   
                                                                        entered stream; previous spills from    
                                                                        facility had entered sanitary sewer     
                                                                        system and damaged sewage treatment     
                                                                        plant.                                  
Spill of Nonylphenol and Vegetable Oils   Unknown source.............  Thousands of seabirds, mostly Guillemots 
 in Netherlands (December,1988 to March,                                and Razorbills, washed ashore.          
 1989).\15\                                                            1,500 sick birds died; covered with oil, 
                                                                        emaciation, aggressive behavior, bloody 
                                                                        stools, leaky plumage; liver damage,    
                                                                        lung infections.                        
                                                                       High levels of nonylphenol and vegetable 
                                                                        oils, such as palm oil.                 
Wisconsin Butter Fire and Spill           Butter, lard, cheese as      Released 15 million pounds of butter and 
 (1991).<SUP>16,17,18,19,20,21,22,23            well as meat and other       125,000 pounds of cheese into the       
                                           food products.               environment and damaged at least 4.5    
                                                                        million pounds of meat; thousands of    
                                                                        pounds of butter ran offsite; rapid     
                                                                        response prevented flow of buttery      
                                                                        material through storm sewers to nearby 
                                                                        creek and lake, where fish and other    
                                                                        aquatic organisms could have suffocated 
                                                                        from oxygen depletion.                  
                                                                       Destroyed two large refrigerated         
                                                                        warehouses with $10 million to $15      
                                                                        million in property damage.             
                                                                       Cost tax payers $13 million for butter   
                                                                        and cheese stored under USDA surplus    
                                                                        program.                                
                                                                       Damage to fire equipment from grease,    
                                                                        loss of business, overtime pay for 300  
                                                                        firefighters and responders, costs for  
                                                                        cleaning equipment and drains, rodent   
                                                                        control.                                
                                                                       Environmental cleanup costs; thousands of
                                                                        gallons of melted butter; butter and    
                                                                        spoiled meat declared hazardous waste.  
----------------------------------------------------------------------------------------------------------------
<SUP>1 Minnesota, 1963.                                                                                              
<SUP>2 USDHHS, 1963.                                                                                                 
<SUP>3 Russell and Carlson, 1978.                                                                                    
<SUP>4 Salgado, 1992.                                                                                                
<SUP>5 Mudge et al., 1993.                                                                                           
<SUP>6 Mudge et al., 1995.                                                                                           
<SUP>7 Mudge, 1997a.                                                                                                 
<SUP>8 Mudge, 1997b.                                                                                                 
<SUP>9 McKelvey et al., 1980.                                                                                        
<SUP>10 Smith and Herunter, 1989.                                                                                    
<SUP>11 Crump-Wiesner and Jennings, 1975.                                                                            
<SUP>12 Percy-Fitzpatrick Institute, 1974.                                                                           
<SUP>13 Newman and Pollock, 1973.                                                                                    
<SUP>14 Rigger, 1997.                                                                                                
<SUP>15 Zoun et al., 1991.                                                                                           
<SUP>16 Wisconsin, 1991a.                                                                                            
<SUP>17 Wisconsin, 1991b.                                                                                            
<SUP>18 Wisconsin, 1991c.                                                                                            
<SUP>19 Wisconsin State Journal, 1991a.                                                                              
<SUP>20 Wisconsin State Journal, 1991b.                                                                              
<SUP>21 Wisconsin State Journal, 1991c.                                                                              
<SUP>22 Wisconsin State Journal, 1991d.                                                                              
<SUP>23 Wisconsin State Journal, 1991.                                                                               

Appendix II--Edible Oil Regulatory Reform Act Differentiation

Edible Oil Regulatory Reform Act

    Congress enacted the Edible Oil Regulatory Reform Act on November 
20, 1995. The Act requires all Federal agencies (with the exception of 
the Food and Drug Administration) to (1) differentiate between and 
establish separate classes for animal fats and oils and greases, fish 
and marine mammal oils, oils of vegetable origin, including oils from 
certain seeds, nuts, and kernels, from other oils and greases, 
including petroleum; and (2) apply standards to different classes of 
fats and oils based on certain considerations. In

[[Page 54543]]

differentiating between the classes of fats, oils, and greases, each 
Federal agency shall consider differences in the physical, chemical, 
biological, and other properties, and in the environmental effects, of 
the classes. These requirements apply when Federal agencies are issuing 
or enforcing any regulation or establishing any interpretation or 
guideline relating to the transportation, storage, discharge, release, 
emission, or disposal of a fat, oil, or grease under any Federal law.
    EPA's Final Rule amending the Oil Pollution Prevention regulation 
(Oil Pollution Prevention; Non-Transportation-Related Onshore 
Facilities; Final Rule, 59 FR 34070, July 1, 1994) was promulgated 
before the Edible Oil Regulatory Reform Act was enacted; Congress did 
not make the requirements of the Act retroactive. EPA is, therefore, 
not obligated to evaluate the statutory criteria to determine if a 
further differentiation between edible oils and other oils should be 
made in its Final Rule. EPA does, however, present the following 
information in support of its conclusion that spills of vegetable oils 
and animal fats can indeed pose a serious risk to fish, wildlife, and 
sensitive environments.
    A summary of the properties and effects of vegetable oil and animal 
fats are presented in Appendix I, Tables 1 and 2. Additional detailed 
discussion and studies of these properties and effects are contained in 
the Technical Document in support of this document.
    Physical Properties. Vegetable oils and animal fats are generally 
solids in water at ambient temperatures. They both have limited water 
solubility but high solubility in organic solvents. They generally are 
of low viscosity, have a low evaporation potential, and their specific 
gravity can range from 0.87 to 0.92. Petroleum oils also have limited 
water solubility and high solubility in organic solvents. They form an 
emulsion in turbulent water, and they evaporate faster than edible 
oils. Their specific gravity can range from 0.78 to 0.97. Data 
regarding petroleum oil's solidity and viscosity vary. (See Appendix I, 
Table 1. Comparison of Physical Properties of Vegetable Oils and Animal 
Fats with Petroleum Oils and Table 2. Comparison of Vegetable Oils and 
Animal Fats with Petroleum Oils.
    Vegetable oils and animal fats and petroleum oils all have similar 
physical properties. One difference is the low volatility of most 
vegetable oils and animal fats, which results in less product removed 
from a spill by evaporation and reduces the combustion and explosive 
potential of these oils.
    Chemical Properties. Animal fats and vegetable oils are water-
insoluble substances that consist predominantly of glyceryl esters of 
fatty acids or triglycerides. Petroleum oils are extremely complex 
mixtures of chemical compounds. Many classes of compounds are present 
in petroleum, and each class is represented by many components. For 
example, hydrocarbons are a major class of constituents of petroleum. 
Similar behavior of fatty acids and petroleum oil in the aquatic 
environment is largely a result of their predominantly hydrocarbon 
character.
    Biological Properties. Some vegetable oils and animal fats do 
biodegrade more readily than petroleum oils; however, because their 
evaporation potential is low, vegetable oils and animal fats may tend 
to stay in the water in larger quantities and for longer periods of 
time than petroleum oils. Under certain circumstances, vegetable oils 
and animal fats can remain in the environment for periods of time 
greatly exceeding their potential degradation time. Environmental 
circumstances play an important part with regard to the comparative 
degradation rates of petroleum and non-petroleum oils including 
vegetable oil and animal fats. Both kinds of oil degrade more slowly in 
low-energy and poorly oxygenated waters, and both tend to disappear 
quickly in high-energy, well oxygenated, open water areas. Both 
petroleum and non-petroleum oils can remain in the environment for 
extended periods of time if buried under sediment or spilled in large 
enough quantities to form thick layers. The high BOD of vegetable oils 
and animal fats increases the rate of biodegradation but also quickly 
depletes the available oxygen of the surrounding environment. This 
could result in significant harm to shallow near-shore areas or 
wetlands. Oxygen depletion could be as serious as toxicity with regard 
to its impact on aquatic wildlife.
    Environmental Effects. Certain effects of non-petroleum oils are 
similar to the effects of petroleum oils because of the physical 
properties common to both. Significant environmental harm from 
petroleum oils, animal fats and vegetable oils, and other non-petroleum 
oils can occur as a result of the following: physical effects such as 
coating with oil, suffocation, contamination of eggs and destruction of 
food and habitat, short and long term toxic effects, pollution and shut 
down of drinking water supplies, rancid smells, fouling of beaches and 
recreational areas.
    Summary of Analysis after Reviewing the Act's Criteria. Based on 
the significant degree of similarity between animal fats and vegetable 
oils and other petroleum and non-petroleum oils, especially with 
respect to negative environmental effects associated with the common 
physical properties of all oils, EPA stands by its decision not to make 
further changes to its July 1, 1994, Final Rule. The Final Rule already 
provides a greater degree of flexibility for owners or operators of 
facilities storing only non-petroleum oils, including vegetable oils 
and animal fats, to devise different and more appropriate response 
strategies than owners or operators of petroleum oil facilities.

[FR Doc. 97-27261 Filed 10-17-97; 8:45 am]
BILLING CODE 6560-50-P


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