GOVERNMENT & POLICY
REGULATION: WHAT'S NEXT? Conference examines domestic and international policies for controlling chemicals CHERYL HOGUE, C&EN WASHINGTON
George W Bush supports, the accords on persistent organic pollutants and prior informed consent. But for the U.S. to become a full treaty partner in the agreements, Congress must amend two environmental laws governing chemical production: the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide & Rodenticide Act (FIFRA). The Bush Administration, through the President's Council on Environmental Quality and the White House Office of Management & Budget, is drafting changes to these laws to present to Congress. K. Russell LaMotte, attorney-adviser for the U.S. State Department, said among the changes needed in the laws are new powers for the Environmental Protection Agency to implement the prior informed consent treaty. The agency needs new authority to require special labeling for chemicals controlled under that accord, he explained. Plus, EPAmust be able to restrict or attach conditions to exports of chemicals covered by this treaty, he said.
ROM ENVI RONMENTAL TREATI ES David Van Hoogstraten, a negotiator affecting production and trade for chemical issues at the U.S. State Dein chemicals to plans for updat- partment, said that, globally countries have ing the U.S. government's list of made significant progress on chemical-rechemicals in commerce, inter- lated issues in the decade since the Earth national and domestic regulation was at Summit. These efforts produced the 2001 the fore at a recent conference. Stockholm Convention, a treaty curtailDiscussions on chemical regulation ing the manufacture or use of 12 persistent ranged widely at the three-day meeting, organic pollutants including polychloriheld earlier this month in Baltimore. The nated biphenyls, DDT, dioxins, and furans. gathering was sponsored by the Synthetic Another relatively new agreement is the Organic Chemical Manufacturers Associ1998 Rotterdam Convention on the Priation (SOCMA) and the American Chem- or Informed Consent Procedure for Ceristry Council (ACC), the trade associations tain Hazardous Chemicals & Pesticides in of smaller and large chemical producers, InternationalTrade. This pact requires the respectively. consent of importing nations before chemKathleen Ambrose, ACC vice president icals that are banned or severely restricted for international affairs, said worldwide in other countries get shipped, and it ini- IN ADDITION, EPAneeds the authority to trends in chemical regulation include a tially covers 22 pesticides andfiveindus- ban the potential production of substances controlled by the convention on persistgrowing emphasis on managing chemical trial chemicals. hazards rather thanrisks.Hazard informaThe U.S. has signed, and President ent organic pollutants —even if those chemicals are not currendy mantion includes characteristics such ufactured in the U.S., LaMotte as toxicity but, unlike risk data, continued. Congress will need does not take into account how to amend FIFRA so EPA can almuch the environment or peoso ban imports—and not mereple are or could be exposed to the ly domestic production—ofpeschemical. In addition, she said, ticides covered by this treaty. governments are increasingly The agency already has the auconsidering precautionary conthority to ban imports of nontrol measures when information pesticide commercial chemicals about chemicals is lacking, and under TSCA. regulators are focusing on the potential health effects of sensitive Both industry and environsubpopulations, such as children, mental groups are seeking only who are exposed to pollutants. narrow, targeted changes to FIFRA and TSCA so the U.S. Chemicals remain firmly on can implement the two internathe agenda of governments as tional chemical agreements, they negotiate international enLaMotte told the conference. vironmental policies, Ambrose No one thus far has suggested continued. Chemical-related isusing this legislative opportunisues will be an important partty to trigger broad overhauls of though not the major focus—of these two laws. the United Nations World Summit on Sustainable DevelopLaMotte said the Adminisment, she said. This gathering of tration likely would present its world leaders, slated for Aug. 26 legislative proposal on prior inthrough Sept. 4 in Johannesformed consent and persistent burg, South Africa, is the 10-year organic pollutants to lawmakers follow-up to the 1992 Earth this summer. Summit. In another international development, the UN Environ"We need to pay attention ment Program is convening a and be ready" for the Johannes- CHANGING THE BOOKS Chemical regulations are working group to "further deburg meeting, Ambrose said at shifting as policymakers seek to manage chemicals velop a strategic approach to inbetter. the meeting.
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ternational chemicals management," said Michael Walls, counsel for ACC. This group is to issue a report in February 2003 that will set priorities for development of new global chemical policies in the years ahead, he said. The conference also touched on anti terrorism efforts in the wake of the Sept. 11,2001, attacks. Chemical producers need to partner with federal authorities on se curity issues, ACCs Ambrose said.
ACC conference included ongoing ini tiatives at EPA and cyclical regulatory issues. Every four years, EPA updates its in ventory of chemicals in commerce under TSCAto incorporate new compounds that have entered the marketplace. The next revision will take place in 2002. This means that, later this year, chemical compa nies will have to file reports with the agency on new "IF WE make stuff that can be blown up, chemicals they produced we need to work very carefully with the since 1998. government," Ambrose said. Terrorists Linda Werrell Gerber, "know what we make and where we make who is managing the 2002 it" because this information has been post inventory update at EPA, ed on federal websites, she said. said the 1998 revisions added LaMotte As part of its efforts with the govern more than 9,800 new chem ment, the chemical industry needs to frame icals to the TSCA inventory Time will tell itself as a critical part of the nation's infra how many more chemicals will get added structure, Ambrose suggested. The indus to the list in 2002. try needs to emphasize that it makes prod The agency expects to issue the 2002 ucts to help fight the war on terrorism, inventory update rule by early April, and from flame-resistant fibers and shatter chemical makers will have to submit data proofgoggles for firefighters to antibiotics on the new chemicals before Dec. 23, Ger for combating anthrax infections, she said. ber said. Other issues covered at the SOCMAAlso, William H. Sanders III, director
of EPAs Office of Pollution Prevention & Toxics, told the gathering that EPA is exploring how to use the enormous amount of data that chemical manufac turers are supplying on more than 2,800 compounds. Companies are providing basic toxicity information on these sub
Walls
Sanders
stances, which are produced or import ed into the U.S. in amounts exceeding 1 million lb per year, under the voluntary high-production-volume chemical test ing program. Summaries of the data are to be posted on the Internet, but EPA is looking beyond simple public availabili ty to other possible uses for this infor mation, Sanders said. •
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