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GOVERNMENT
Changes to the annual Toxics Release Inventory (TRI) and other chemical-related federal rules are among the second annual set of recommendations suggested by the public and released by the Bush Administration late last month.
Chemical producers made several suggestions for regulatory changes. The Synthetic Organic Chemical Manufacturers Association takes issue with TRI information on waste that gets sent off-site for disposal, recycling, or other treatment. The "off-site transfer" data give the false impression that these chemicals are released into the environment, SOCMA says. It recommends either eliminating the collection of this information or at least separating it from environmental release data. The American Chemistry Council and the American Petroleum Institute focus on a new TRI reporting requirement for persistent and bioaccumulative toxic compounds, a category of chemicals that includes dioxins. Generally, facilities that manufacture or process more than 25,000 lb per year or use 10,000 lb annually of a TRI-listed chemical must file toxics inventory reports. But for persistent and bioaccumulative toxics, the reporting threshold is much lower: either 100 lb per year; 10 lb per year; or, in the case of dioxins, 0.1 g. ACC and API want a reporting threshold of 100 lb per year for all persistent and bioaccumulative toxics except dioxins. For dioxins, they recommend a threshold of 0.002 lb, about 1 g. Among other suggestions are labeling of genetically modified foods; regulating the use of antibiotics in cattle, chickens, and pigs; and reviewing regulations governing research on human subjects. In addition to rules, recommendations also critique agency guidance documents often used to clarify regulations. These guidelines do not go through the formal rule-making procedure and cannot be challenged in court. Some in industry charge that agencies issue guidance documents to circumvent the formal rule-making process. Graham says the government needs to apply "more discipline" in the use of these guidelines. ACC recommends that EPA issue a Superfund guidance document as a formal rule. That guideline affects EPA's collection of so-called indirect costs from companies responsible for cleanup of Superfund sites. Direct costs cover activities related to the actual removal and disposal of contamination; indirect costs include EPA administrative expenses such as office building rental. |
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