2.1 INTRODUCTION 



The purposes of this chapter are to: 1) identify legislated responsibili- 

 ties of Federal agencies with respect to evaluating, monitoring, and 

 regulating the use of organotin compounds in vessel antifouling paints, 2) 

 summarize the proposed or pending or enacted legislation by individual 

 U.S. States and by other Nations to reduce the environmental impact from 

 use of TBT in antifoulant paints, and 3) identify and delineate current 

 Federal and State research, development, monitoring programs and ac- 

 tivities. This will enable better Federal coordination of all activities 

 associated with organotin compounds which is a purpose of the of the 

 National Ocean Pollution Planning Act. 



2.2 MAJOR STATUTES AFFECTING FEDERAL AGENCY ROLES 



The Federal mandate with regard to the use of organotin compounds as 

 additives or biocides in antifouling boat bottom paints comprises one 

 Federal Act specific to organotin antifouling paints, HR.2210, which is 

 now known as P.L. 100-333, the "Organotin Antifouling Paint Control Act of 

 1988." As this report goes to press, the legislation has been signed by 

 the President on June 16, 1988. This legislation will be discussed in a 

 later section (Sec. 2.3.1.1) of this report. The legislative 

 responsibilities of Federal agencies with respect to organotin compounds 

 are summarized in Table 2.1 and discussed in the following sections. 



2.2.1 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 



This Act provides for the identification of environmental problems, the 

 setting of water quality standards for toxic substances and the monitoring 

 of environmental concentrations of toxicants for the purposes of regu- 

 lating toxic substances. Power to develop and implement regulations under 

 this Act are given to EPA. A pesticide product may be sold or distributed 

 in the U.S. only if it is registered or exempt from registration under the 

 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) , as amended (7 

 U.S.C. 136 et seq. ) . Before a product can be registered, it must be shown 

 that it can be used without "unreasonable adverse effects on the environ- 

 ment" (FIFRA Section 3(c)(5)), that is, without causing any unreasonable 

 risk to man or the environment, taking into account the economic, social, 

 and environmental costs and benefits of the use of the pesticide" (FIFRA 

 Section 2 (bb) ) . The Special Review (RPAR-Rebuttable Presumptions Against 

 Registration) Process (40 CFR 162.11) provides a mechanism through which 

 EPA gathers risk and benefit information about pesticides which appear to 

 pose unreasonable risks of adverse effects to human health or the environ- 

 ment. Through the issuance of notices and support documents, EPA publicly 

 establishes its position 



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