WRITTEN TESTIMONY OF MICHAEL
WALLS, FOR THE AMERICAN CHEMISTRY
COUNCIL
BEFORE THE
SENATE COMMITTEE ON ENVIRONMENT
AND PUBLIC WORKS
ON THE STOCKHOLM CONVENTION
ON
PERSISTENT ORGANIC
POLLUTANTS
American Chemistry Council
1300
Wilson Boulevard
Arlington,
VA 22209
(703) 741-5000
The American Chemistry Council (ACC) is
pleased to provide its strong support for the Stockholm Convention on
Persistent Organic Pollutants (POPs), and the treaty’s reasonable
implementation into U.S. law. The
Council and its members urge the Senate to provide advice and consent to U.S.
ratification of the Stockholm Convention as soon as possible, and to approve
the necessary statutory changes in short order.
The Council is the national trade association whose member companies represent more than 90 percent of the productive capacity for basic industrial chemicals in the United States. ACC members represent an industry on the cutting-edge of technological innovation and progress, whose products provide significant benefits to every sector of the global economy. The industry has been engaged in the international discussions about persistent organic pollutants (POPs) for many years, and it has a significant interest in seeing a globally harmonized approach to controls on POPs releases.
The chemical industry’s support for the Stockholm Convention lies in several simple points.
II. General Comments
The U.S. chemical industry’s work on the POPs issue began shortly after the Rio Summit on Environment and Development, in 1992. We worked with the Intergovernmental Forum on Chemical Safety (IFCS) in its effort to map the best approaches to dealing with POPs, particularly in discussions on criteria for identifying potential POPs. The industry also participated in the negotiations sponsored by the U.N. Economic Commission for Europe (UNECE) and the North American Commission on Environmental Cooperation (NACEC) as those regional POPs programs were developed and implemented.
We were visible and positive participants throughout the negotiations that led to the Stockholm Convention, including the Expert Working Groups that met to consider and recommend criteria for identifying future POPs. The global chemical industry was an early and consistent supporter of improved international controls on persistent organic pollutants.
ACC’s efforts were not limited to
the international level. In 1995, ACC’s
Board of Directors approved a new policy on persistent, bioaccumulative and
toxic substances (the class of chemicals of which POPs are a subset). The policy recognized that due to their
physical and chemical properties, POPs substances should receive priority attention in industry risk characterization,
risk management, and pollution prevention programs. POPs substances represent a very small percentage of chemicals
in commerce in the United States, and indeed none of the UNEP product POPs are
manufactured in the United States.
The American Chemistry
Council believes that it is critical for the United States to continue its
longstanding leadership role in the global effort to address the risks posed by
POPs emissions. In order to continue in
that role, however, the United States must be a full Party to the treaty. In ACC’s view, the United States should be
one of the first 50 countries ratifying the Stockholm Convention. As an original ratifying Party, the United
States will be able to lead – and appropriately influence – the development of
procedures necessary to implement the treaty at the international level. The U.S. government’s ability to influence
the further development and implementation of the treaty at the international
level requires, simply, full U.S. participation in the agreement.
Several
provisions of the Stockholm Convention merit comment.
The Council is particularly
pleased that the treaty incorporates the use of a risk/benefit approach in
implementing appropriate regulatory controls on listed chemicals, and in
considering chemicals nominated as potential POPs. The treaty’s reliance on technical and economic considerations
should ensure that priority pollutants are targeted and meaningful control
actions taken.
A substantial portion of the negotiations was devoted to the
details of government obligations to reduce and eliminate releases of
POPs. Under the Convention, governments
are required to eliminate the production and restrict the use of pesticide and
industrial chemical POPs. Governments
are expected to restrict imports and exports, including exports to non-States
Parties. ACC’s summary of the Stockholm
obligations that should be reflected in any U.S. statutory amendment is
attached to this testimony.
Industry also supported the Stockholm criteria for identifying
POPs, contained in Annex D, and the requirements for risk profiles and
socio-economic information necessary to evaluate nominated chemicals, contained
in Annexes E and F. In our view, the
Convention establishes a risk-based approach to decision making on new
POPs.
The treaty contains a number of key exemptions that are critical
in making the Convention a workable and practical agreement. Research and development, unintentional
trace contaminants for the product POPs, constituents of articles manufactured
or in use as of the implementation date, and closed-system site-limited
intermediates are subject to exemptions under the treaty.
The Stockholm Convention also reflects existing elements of U.S.
law and policy. For example, the treaty
contains a provision that government programs to evaluate new chemical
substances should screen the chemicals against the POPs criteria and regulate
them if appropriate. This approach is
already reflected in a pre-manufacture notice (PMN) policy adopted by EPA
several years ago in evaluating new chemicals under TSCA.
In the industry’s view, the Convention also adopts appropriate
approaches to risk management measures.
For example, substitution is not a legal obligation, but constitutes an
option when the risks of POPs releases cannot otherwise be managed.
IV. Legislation to Implement the Stockholm Convention
Two
proposals have been tabled to implement the obligations of the Stockholm
Convention in U.S. law, Senator Jeffords’ bill (S. 2118), and an Administration
proposal. The core implementing
provisions of both approaches are substantially similar, but each raises
important concerns.
Both approaches raise
important questions about the status of chemicals on the UNECE POPs Protocol
list that are not addressed under the Stockholm Convention. Despite the fact that the Protocol and
Convention contemplate several similar restrictions on listed chemicals, the
draft implementing proposals suggest significantly different approaches to the
process under each of the agreements.
Both S. 2118 and the
Administration’s draft attempt to limit the use of information not submitted in
the notice and comment processes that accompany the consideration of new
chemicals under the UNECE Protocol and the Stockholm Convention. That limitation is not justified. At the early stages of the international
listing discussions it cannot be determined what regulatory consequences the
listing will have, or indeed whether a nominated chemical will in fact be added
to the POPs list. The U.S. negotiating
team should have access to information about the production, import, export
and/or use of a nominated chemical. ACC
believes there will be sufficient incentive for interested commercial entities
to produce information on nominated chemicals without the need to limit the use
of the information in any subsequent regulatory action.
Both approaches establish a
continual reporting obligation on manufacturers unless EPA decides otherwise or
the international decision-making process is concluded. It is not clear what benefit is expected
from the continuing obligation to report or how it relates to the Agency’s work
with respect to POPs substances. Again,
we believe commercial entities with an interest in a nominated chemical will
have sufficient incentive to provide EPA and other U.S. negotiators appropriate
information about the chemical without a continuing reporting obligation under
Section 8 of TSCA.
As noted earlier, ACC has
long recognized that the Stockholm Convention contemplates the addition of
other POPs. We believe that U.S.
implementing legislation should reflect that process. We also believe that there are a number of options available that
could address both the Senate’s constitutional prerogative regarding treaty
amendments and Congress’ interest in practical changes to statutory
requirements. We have attached a copy
of correspondence ACC sent earlier this year to EPA Administrator Christine
Todd Whitman, which outlines our view that the issue of additions can be
addressed in implementing legislation.
ACC is also concerned that
S. 2118 addresses matters that are not strictly related to the obligations and
responsibilities established by the Stockholm Convention. These provisions raise concerns about U.S.
acceptance of the internationally-accepted criteria for identifying POPs, and
the possible duplication of existing EPA programs on persistent,
bioaccumulative and toxic substances (PBTs), among others. In order to assure that the Senate can
approve the Convention and the implementing package as soon as possible, we believe
it critical that the legislation address only those issues required by the
treaty.
The American Chemistry
Council believes that U.S. implementation of the Stockholm Convention should be
guided by certain principles. In brief,
these principles are:
V.
Implementation of the Rotterdam Convention on Prior Informed Consent
ACC also supports Senate advice and consent to ratification of the Rotterdam Convention on Prior Informed Consent. This Convention – negotiated on the basis of a very successful government-to-government information exchange system – also requires amendments to TSCA and FIFRA if the United States is to fully implement the treaty. Because the Rotterdam Convention requires these amendments, ACC believes it makes sense to include appropriate implementing language in the same legislation designed to implement the Stockholm Convention.
The American Chemistry Council believes that the
Stockholm Convention is an important step in securing international action on
POPs. The treaty establishes a
harmonized global approach to the necessary controls on POPs releases, and
should produce meaningful improvements in public health and environmental
protection. Appropriate amendments to
TSCA and FIFRA that reflect the treaty’s obligations can be crafted,
particularly to address the issue of new chemicals added to the list of
POPs. ACC looks forward to working
with this Committee and the Administration as those amendments are drafted.