GOVERNMENT C01VCEIVTRATEs| • Cancer-warning labels required in California A San Francisco judge has ruled that paint-stripping products containing methylene chloride that are sold in California must carry the strong warning about the risk of cancer that is required by Proposition 65, the state's landmark antitoxics law. The less specific cancer warnings required by federal regulations are not sufficient in California, according to Superior Court Judge William J. Cahill. The judge made his ruling in a lawsuit brought by the Environmental Defense Fund (EDF) against Thompson & Formby Inc., a subsidiary of Eastman Kodak and maker of Formby's and Red Devil brand paint strippers. The company has agreed to take its products containing methylene chloride off the market and to pay $190,000 in a settlement with EDF. The environmental group has challenged 20 companies either to remove methylene chloride from their products sold in California or to display the warning label required by Proposition 65. "If they want to enter the California marketplace, they've got to have a proper warning label," says EDF attorney David Roe. 'Thompson & Formby wanted to hide behind the evasive language in the federal warning."
• Transportation Department regulates marine pollutants Chemicals that are classified as marine pollutants are now subject to Department of Transportation regulations whenever they are shipped in bulk, whether by air, land, or water. The new DOT rules, published in the Federal Register (Nov. 5, page 52930), were developed in response to a July 1991 tankcar derailment (C&EN, July 29,1991, page 7) that released metham-sodium into the Sacramento Ever, killing thousands of fish. As of Jan. 1, 1993, shippers will be required to report accidental releases of marine pollutants that exceed a threshold of 450 L for liquids or 400 kg for solids. Unless already marked as hazardous, bulk shipments of chemicals classified as marine pollutants will have to carry a warning label that shows a heavy "X" on top of a fish above the words "marine pollutant." The regulation contains a list of more than 500 chemicals classified as marine pollutants.
• Record year for environmental fines The Department of Justice says it collected more than $2 billion in monetary payments from firms and individuals who violated the nation's environmental laws in fiscal 1992, which ended Sept. 30. This record enforcement effort includes $163 million in criminal penalties, $65.6 million recovered in civil penalties, and $923 million recovered for natural resource damages. Combined with three previous years' collections of more than $1 billion, Justice says it has taken in more than $5 billion over the past four years. The department also obtained a record 191 criminal indictments in 1992. Acting assistant attorney general Vicki A. O'Meara of the department's environmental and natural resources division credits the record enforcement effort to development of a strategic plan. "Among the areas we focused on last year," she says, "were recalcitrant environmental violators, illegal transportation of hazardous waste to and from Mexi12
NOVEMBER 16,1992 C&EN
co, enforcement under the Clean Air Act regarding ... benzene, disposal of primary metals and industrial chemicals, and industrial waste pretreatment plants."
• More use of scientific risk analysis urged The American Industrial Health Council (AIHC), an industry association advocating sound science in regulatory decisions, has written to President-elect Bill Clinton explaining that improved scientific use of risk assessment could be a key to economic growth. Signed by AIHC board chairman and vice president of Eastman Kodak R. Wiley Bourne Jr., the letter specifically asks Clinton to strengthen the Office of Science & Technology Policy by adding people with scientific expertise in the life sciences. AIHC notes that during his campaign Clinton said he would upgrade the role of the President's science adviser; however, it says his focus was almost solely on the engineering and technology aspects of science. Little attention was devoted to upgrading the life sciences responsibility of that office, despite its growing importance in setting national priorities. Improving the scientific basis by which risk is assessed will help provide better information on issues of health care and environmental regulation, two areas important to future U.S. economic strength, AIHC believes.
• Environmentalism boosts economic prosperity A recent study by Massachusetts Institute of Technology political scientist Stephen M. Meyer dashes the old canard that environmental regulation harms the economy. To the contrary, his study of the 50 states' environmental programs and economic performance finds just the opposite. Over the past two decades, "the data show that at a minimum the pursuit of environmental quality does not hinder economic growth and development. Furthermore, there appears to be a moderate yet consistent positive association between environmentalism and economic growth." For all economic measures used—gross state product and employment, for example—states with stronger environmental programs consistently outperformed states with weaker environmental policies. The study, "Environmentalism & Economic Prosperity: Testing the Environmental Impact Hypothesis," can be obtained from MIT, Project on Environmental Politics & Policy, E38-628, Cambridge, Mass. 02139.
• Government roundup • Ohio voters turned down a ballot initiative that would have required warning labels on products containing chemicals known to cause cancer, birth defects, or other r e productive harm. The program would have been funded through a new penny-per-pound tax on industrial waste. • The Department of Energy says its office of environmental restoration and waste management may need as many as 25,000 scientists, engineers, and technicians during the next five years. The greatest demand is expected for health physics technicians, industrial hygienists, environmental scientists and engineers, chemical engineers, and hydrogeologists.
