42 



I think what we are now understanding is that we need to be 

 more sophisticated if we're really going to address the environ- 

 mental impacts we're having on our planet. I think TSCA was and 

 is probably one of the better statutes in terms of the way it was 

 initially created and the way it functions, but I think it has fallen 

 behind the state of our environmental understanding, and I think 

 we need to move forward. 



Mr. CONDRAY. In my analysis, I would rate TSCA as a success 

 in terms of changing the basic ethic of industry. It has caused in- 

 dustry to do more self-evaluation, more internal assessment, more 

 internal testing, more risk management, and this is exemplified 

 through the Product Stewardship initiative that I referred to at 

 CMA. When that is dissected and looked at in some degree, it has 

 many of the characteristics of TSCA that is now embedded in the 

 voluntary program. 



Senator Reid. Can CMA take any action against a member com- 

 pany which operates in contradiction to the principles of a Product 

 Stewardship code? 



Mr. CoNDRAY. If a company is unwilling to sign on to the code, 

 CMA can exclude that company from CMA membership, yes. And 

 I believe that's happened in one or two cases. 



Senator Reid. What benefits are there in CMA membership? 



Mr. CONDRAY. Well, certainly, the ability to say that I am a re- 

 sponsible company and I adhere to the Responsible Care codes of 

 CMA is a very powerful market place initiative. Our customers are 

 asking for that. Our customers want to know are we being respon- 

 sible, our suppliers want to know are we being responsible, and by 

 being able to come under that umbrella of Responsible Care, that 

 is a strong incentive for companies to do that. 



Senator Reid. What percentage of chemical manufacturers and 

 processors does CMA represent? 



Mr. CONDRAY. I don't know the exact number. I can get back to 

 you 



Senator Reid. But is it 50 percent, 40 percent? 



Mr. CONDRAY. It's 90 percent of the production capacity, but I 

 don't think it's a large percent. It's basically the larger companies, 

 but there are other smaller companies too. However, a number of 

 smaller companies belong to the Synthetic Organic Chemical Man- 

 ufacturers Association, and they too are signatories to the Respon- 

 sible Care program. It does not extend to many users, and I think 

 that's an area that we feel is a concern area and one that we really 

 think we need to broaden significantly to bring both manufactur- 

 ers, processors, and users under the same network. 



Senator Reid. TSCA is directed primarily at manufacturers, not 

 customers who must use chemicals to create the product. 



Do you think such customers have a different perspective on 

 chemical and chemical use than chemical manufacturers, either 

 one of you? 



Mr. CONDRAY. Let me speak from a manufacturer perspective, 

 and then Brad can address the user perspective. 



As a manufacturer, we feel that users probably do have a dif- 

 ferent perception and a different understanding of chemicals. As 

 manufacturers, we. A, have been under the regulatory regime for 

 some years; B, we deal with the chemicals in high volumes and 



