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CRS85-517ENRp031
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CRS-l6 Export Policy, that published a draft policy paper on the subject in 1980. The paper outlined the issues and recommended Executive action to set forth minimum requirements that all agencies would be obligated to meet. The Working Group concluded that "in most circumstances the international responsibilities of the United States could be met by an effective hazard notification system
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CRS85-517ENRp030
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CRS-15 4. INTERNATIONAL MANUFACTURE AND TRADE OF TOXIC CHEMICALS Issue The international manufacture and trade of toxic chemicals has been a continuing concern of Congress in the past. However, little action on these issues took place during the 98th Congress. The December 1984 industrial accident at a Union Carbide Corporation pesticide plant in Bhopal, India, where over 2,500 people were killed
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CRS85-517ENRp025
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of new chemical regulation under the Toxic Substances Control Act. Washington, June 15, 1984. U.S. General Accounting Office. EPA's efforts to identify and control harmful chemicals in use. Washington, June 13, 1984.
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CRS85-517ENRp027
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--_--._.—.——-—-....jj._.___... -;....x....‘. .—._ . _. ..-...._-.....1.'...—-.._a.—-n—.o._...... - .-_ mo..- -.... » .-as... .o-.- ..... ..-_...-_.4--. .4- . -... ._ - ._.-. ...___.... .. CRS-12 3. FEDERAL INSECTICIDES, FUNGICIDE, AND RODENTICIDE--REAUTHORIZATION AND AMENDMENT Issue The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizes the Environmental Protection Agency
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CRS85-517ENRp029
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CR8-14 U.S. Congress, Committee on Government Operations. Environmental Protection Agency's pesticide registration activities. Report, House Report, 98th Congress, 2nd session, October S, 1984. U.S. Govt. Print. Off., 1984. (House Report 98-147). Problems plague the 63rd Washington,
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CRS85-517ENRp026
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CRS-ll U.S. General Accounting Office. EPA implementation of selected aspects of the Toxic Substances Control Act. Washington, 1982. U.S. Office of Technology Assessment. The information content of premanufacture notices: background paper. Washington, U.S. Govt. Print. Off., 1983.
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CRS85-517ENRp039
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sections of this report); (1) control of hazardous pollutants; (2) controls to reduce acid rain, (3) controls on motor vehicles, especially to reduce misfueling and tampering with emission controls; and (4) accelerated programs to phase out leaded gasoline. Three other unresolved issues which are likely to be debated again represent statutory components which are perceived as needing adjustment to better
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CRS85-517ENRp037
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CRS-22 In 1984 Congress approved legislation transferring administration of a financial aid program for control or removal of asbestos in schools from the Department of Education (where a program created in 1980 was inactive) to EPA (P.L. 98-377).. In addition, Congress approved the first appropriation of $50 million for grant and loan funds to reduce asbestos in schools (P.L. 98-936). Several
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CRS85-517ENRp034
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icns-19 Furthermore, TSCA and FIFRA were designed to control chemical innovation, not biotechnology products. Consequently, fitting the regulatory scheme of these acts to biotechnology products raises a number of complex regulatory issues that must be resolved. At present, EPA is circulating a draft paper about the regulatory authority needed in this field-and is asking for comments by interested
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CRS85-517ENRp033
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CRS-18 5. BIOTECHNOLOGY Issue Biotechnology, developing new organisms for use as commercial products, has been stimulated by the development of a powerful new technology-genetic engineering, the altering of an organism's genetic material by design. Through genetic engineering, biotechnology presents a vast potential for new and bene- ficial products, including both organic chemicals
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CRS85-517ENRp032
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of the Inter-Agency Working Group on a hazardous substances export policy, rev. 5th draft. 45 FR 53754, 12 August 1980. On Federal policy regarding the export of banned or significantly restricted substances. E.O. 12264, 15 January 1981, 46 F.R. 4659, 19 January 1981. ?ederal exports and excessive reguiation. 3.0. l2290,‘1? February 1981, 46 F.R. i2943, 19 February 1981. Draft U.S. Executive Order on exports
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CRS85-517ENRp035
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CRS-20 The 99th Congress is expected to consider the issue of regulating bio- technology in a variety of forums. The TSCA reauthorization debate is certain to include such a discussion. Likewise, genetically altered pesticide products are expected to be addressed as part of the FIFRA reauthorizations. The Agriculture Committees are also likely to examine USDA's involvement and plans
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CRS85-517ENRp038
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CRS-23 - Is Federal funding needed for asbestos control? Although Congress appropriated $50 million for asbestos abatement in schools, the cost of abatement in all schools where the sub- stance is present and crumbling could be $4 billion. No cost estimate has been made to control asbestos problems in non- school buildings. At issue is who will pay such costs and what will be the roles of Federal, State, and local govern- ments, as well as the private sector. References U.S. Library of Congress. Congressional Research Service. Asbestos in schools: program and policy issues, IB 83160 (updated regularly). U.S. Library of Congress. Congressional Research Service. Asbestos: summary of federal regulations. IB 84215 (updated regularly). National Academy of Sciences. Asbestiform fibers: risks. Eashington, Rational academy Press, ;98A. 334 p. nonoccupational health
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CRS85-517ENRp043
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ruled that "safe is not the equivalent of risk-free," (Industrial Union Dept., AFL-CIO vs American Petroleum Institute, 448 U.S. 607 (1980). But in a recent CAA case, a Federal district court ruled EPA could not withdraw proposed Section 112 regulations for radio- nuclide emissions because the agency believed the health risk did not justify regulation (Sierra Club vs. Ruckelshaus, No. *84-0656
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CRS85-517ENRp046
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CRS-31 Background EPA has proposed two sets of regulations to mitigate these problems: First, it proposed a lead phasedown plan that would decrease the lead content in gasoline substantially by 1986 and would ban lead entirely by the mid- 1990. A final rule was to be issued by the end of 1984. Second, it proposed a Federal pollution tax on manufacturers heavy~duty trucks and truck engines
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CRS85-517ENRp042
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-wide application and consistency many expected the Federal program to provide. EPA's slow pace in regulating hazardous air pollutants was the subject of a study by the General Accounting Office, "Delays in EPA's Regulation of Hazardous Air Pollutants" ((GAO/RCED-83-199), August 23, :983}s GAO reported that major obstacles to regulatory action originate within EPA. They include uncertainty
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CRS85-517ENRp045
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light-duty vehicles, or postpone further reductions pending the effect on ambient air quality of heavy-duty vehicle controls now scheduled to start in 1987? (2) Should the Act's warranty and tampering provisions be strengthed to prohibit tampering and misfueling by all persons to counteract zhe abuse of emission control devices?
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CRS85-517ENRp041
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in the environment and how to contain them. Primary authority for controlling these pollutants in the air is section 112 of the 1970 Clean Air Act. Despite identification of many candidate hazardous air pollutants, EPA has listed only seven and regulated only four. The Agency's failure to move more rapidly in making regulatory decisions on other chemicals-- it has been studying some three dozen candidate
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CRS85-517ENRp044
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. 98th Cong., lst sess., Nov. 7, 1983. P 0 A '‘ U.S. GAO. Delays in EPA's regulation of hazardous air pollutants. GAO/ RCED-83-199, August 28, 1983. 53 p. STAPPA/ALAPCO. Toxic air pollutants: State and local regulatory strah tegies. Jan. 1984. 152 p. '
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