Controlling Toxic Chemicals: Production, Use, and Disposal Chapter 19 © 2004 Thomson Learning/South-Western

2 Overview of U.S. Pesticide Controls: FIFRA Brief Retrospective  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of 1947 Regulated pesticide labeling to protect against fraudulent products Amendments required registration of new pesticides and reregistration of those on the market  FIFRA Amendments of 1988 Improved procedures and authorized fee systems  Food Quality Protection Act (FQPA) of 1996

3 Overview of U.S. Pesticide Controls: FIFRA Controlling New Pesticides Through Registration  Pesticide registration – a formal listing of a pesticide with the EPA that must be approved, based on a risk-benefit analysis, before it can be sold or distributed  Risk-benefit analysis – an assessment of risks of a hazard along with the benefits to society of not regulating that hazard  Pesticide tolerances – legal reevaluation of a previously licensed pesticide already on the market

4 Overview of U.S. Pesticide Controls: FIFRA Controlling Existing Pesticides Through Reregistration  Pesticide reregistration – a formal reevaluation of a previously licensed pesticide already on the market  Reregistration Eligibility Decision (RED) – document which gives the full results of the EPA’s reregistration review

5 Analysis of FIFRA Risk-Benefit Analysis Under FIFRA  New Pesticides  Existing Pesticides

6 Analysis of FIFRA Problems in Risk Assessment  New Policy Direction Integrated Pest Management (IPM) – a combination of control methods aimed at encouraging more selective use of pesticides and greater reliance on natural deterrents

7 Overview of U.S. Legislation on Toxic Substances: TSCA Policy Response to Chemical Risks  Toxic Substances Control Act (TSCA) in 1976 Aimed to identify and control chemical substances that present a risk to health or the environment before they are introduced into commerce  TSCA Inventory – a database of all chemicals commercially produced or processed in the U.S.

8 Overview of U.S. Legislation on Toxic Substances: TSCA Controlling the Introduction of New Chemicals  TSCA does not use registration procedure, instead requiring manufacturers to notify the government at least 90 days before they intend to produce or import any new chemical New chemical – any substance not listed in the TSCA inventory of existing chemicals Premanufacture notice (PMN) – an official notification made to the EPA by a chemical producer about its intent to produce or import a new chemical

9 Overview of U.S. Legislation on Toxic Substances: TSCA Controlling Existing Chemicals in use  TSCA requires manufacturers to notify the EPA if any chemical is found to present a substantial risk to human health or the environment  Existing chemical – a substance listed in the TSCA inventory

10 Analysis of TSCA Risk-Benefit Analysis Under TSCA  “unreasonable risk” not explicitly defined in the law  Determination of “unreasonable risk” supports the use of risk-benefit analysis

11 Analysis of TSCA Bias Against New Chemical Introductions  EPA has been slow to develop data on existing chemicals despite the evidence that such information is critical

12 Analysis of TSCA New Policy Direction  Green Chemistry Program – an initiative that promotes the development and application of innovative chemical technologies to achieve pollution prevention  Extended Product Responsibility (EPR) – a commitment by all participants in the product cycle to reduce any life-cycle environmental impacts of products

13 Economic Analysis of U.S. Solid Waste and Toxics Policy Cost Analysis of U.S. Solid Waste and Toxics Policy  Solid Waste Control Costs  Chemical Control Costs  Costs of U.S. policy on solid waste and toxic substances are significant and rising over time

14 Economic Analysis of U.S. Solid Waste and Toxics Policy Benefit Analysis of U.S. Solid Waste and Toxics Policy  Using Comparative Risk Analysis To Assess Benefits Comparative risk analysis – an evaluation of relative risk  The Risk-Ranking Study

15 Economic Analysis of U.S. Solid Waste and Toxics Policy Evaluating the Evidence  Misallocation of Resources Results of the risk-ranking study suggest that the high costs of implementing RCRA and Superfund are not justified by the expected risk reduction, which is low relative to other hazards  Public Perception and Policy Making Major differences between the risk ranking of experts and that of the general public  Limitations of the Risk-Ranking Study Risk assessment data are not complete Intangible aspects of risk not considered Findings not adjusted for environmental equity