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May 19, 2006
ENVIRONMENT
House Panel OKs Measure On POPs
Bill on chemical treaties crosses first legislative hurdle
Cheryl Hogue
A House of Representatives panel on May 18 approved a bill allowing the U.S. to become a partner in three international treaties controlling chemicals.
The action by the House Energy & Commerce Subcommittee on Environment & Hazardous Materials marks the first legislative action on the treaties. The accords enjoy support from Republicans, Democrats, environmental groups, and the chemical industry.
Democrats and environmental groups, however, strongly oppose the version of the bill, H.R. 4591, adopted by the subcommittee. The panel's 15-to-10 vote in favor of the measure fell along party lines.
The bill would amend the Toxic Substances Control Act so the U.S. could become a partner to the treaties. One is the Stockholm Convention on Persistent Organic Pollutants (POPs), which initially banned or severely restricted a dozen substances globally. Another is a second POPs pact that covers only North America and Europe. The third is the 1998 Rotterdam convention, which requires exporters to notify a developing country before shipping listed commercial chemicals or pesticides to that nation.
Partners in the two POPs pacts are considering the addition of more chemicals to the agreements. The U.S. will not have an official voice at those gatherings until Congress passes legislation conforming U.S. laws to the provisions of these deals.
Rep. Paul E. Gillmor (R-Ohio), chairman of the Environment & Hazardous Materials Subcommittee and sponsor of H.R. 4591, said the panel's adoption of the bill was important to prevent "congressional inertia" from stalling U.S. participation in the three agreements. Michael P. Walls, American Chemistry Council managing director for regulatory and technical affairs, agreed, telling C&EN, "We're very pleased the subcommittee has taken this action."
But Democrats, led by Rep. Hilda Solis (D-Calif.), ranking minority member of the subcommittee, oppose several provisions of Gillmor's bill. They say the measure would make it difficult, if not impossible, for EPA to regulate chemicals added to the Stockholm convention.
For instance, the bill would allow the agency to control a POP only through a regulation that "achieves a reasonable balance of social, environmental, and economic costs and benefits." Democrats say that although EPA should consider costs of regulating POPs, the agency's rules should give primacy to the protection of human health.
"The Gillmor bill is designed to tie EPA up in knots and block the regulation of new POPs in the future," says Daryl Ditz, senior policy adviser at the Center for International Environmental Law, which opposes H.R. 4591.
Attorneys general from 11 states are also concerned that H.R. 4591 will prevent states from adopting controls on POPs that are tighter than EPA regulations.
The bill now moves to the full Energy & Commerce Committee. Rep. Joe Barton (R-Texas), chairman of that panel, supports Gillmor's bill.
- Chemical & Engineering News
- ISSN 0009-2347
- Copyright © 2006 American Chemical Society
