182 



SOCMA is encouraged by OPPT's new approaches to the Existing Chemicals Pro- 

 gram. EPA is clearly committed to using its authority to make TSCA an action-ori- 

 ented, pollution prevention statute that considers both risks and benefits as a basis 

 of chemical management decisions. Accordingly, SOCMA is not advocating any 

 broad policy changes to the Existing Chemicals Program but believes that Congress 

 should allow EPA more time in which to fully implement its new approaches before 

 it considers any legislative action. For reasons discussed above, SOCMA opposes any 

 changes to TSCA that would weaken the CBI protection currently provided to indus- 

 try. 



EPA Could Further Enhance the Existing Chemicals Program 



SOCMA believes that EPA, by taking certain regulatory actions, could further en- 

 hance the effectiveness of the Existing Chemicals Program in the following ways: 



Exemptions for TSCA Reporting and Notification Rules 



SOCMA supports EPA using its TSCA reporting and notification authority to 

 gather information necessary to assess the risks of certain chemicals. SOCMA is 

 convinced, however, that the paperwork burden on industry for many TSCA report- 

 ing and notification rules is not justified in light of the minimal increment in infor- 

 mation provided to EPA. In particular, the reporting burden associated with produc- 

 ing relatively small quantities of specialty chemicals is disproportionately high com- 

 pared to the value of those chemicals and could force many SOCMA member compa- 

 nies out of certain product lines. 



As such, SOCMA believes that EPA should adopt exemptions for most TSCA re- 

 porting and notification requirements to provide regulatory relief to small quantity 

 and R&D chemical manufacturers. Exemptions should likewise be created for de 

 minimis concentrations in mixtures, impurities, site-limited intermediates, and by- 

 products. The exemptions would allow EPA to use its limited resources to focus ac- 

 tion on those existing chemicals that pose risks to human health and the environ- 

 ment. Finally, they would help simplify TSCA programs at a time when both indus- 

 try and the federal government (as a whole) are involved in efforts to use limited 

 resovu^ces more efficiently. 



More TSCA Compliance Assistance and Outreach for Industry 



Although SOCMA is generally supportive of many of EPA's new initiatives and 

 is committed to working with EPA on some of them, SOCMA is concerned that be- 

 cause of limited funding, EPA is moving forward with these initiatives at the ex- 

 pense of developing compliance assistance for the regulated community. Compared 

 to other environmental laws, TSCA is a flexible statute which lends itself to many 

 different interpretations. SOCMA believes that TSCA enforcement fines are at a 

 record high because many companies misinterpret TSCA reporting and notification 

 requirements. SOCMA is concerned that there are no methods whereby TSCA guid- 

 ance and compliance information are disseminated to industry. Since 1988, SOCMA 

 has had discussions with OPPT with regard to making TSCA guidance readily avail- 

 able to industry. 



To this end, SOCMA completed a pilot study in 1992 which involved the prepara- 

 tion of a compendium of guidance documents related to the TSCA Inventory. The 

 goal of the project was to examine the costs, feasibility and usefulness of collecting 

 and consolidating TSCA guidance information. SOCMA would like to partner with 

 the Agency and move forward with making these and other guidance documents 

 broadly available to the regulated community. Although EPA has been supportive 

 of SOCMA efforts in this regard, OPPT officials have stated that OPPT does not 

 have the time and resources to participate in this SOCMA effort. 



Similar OPPT budget constraints have also affected TSCA outreach efforts which 

 also tend to impact small- and mid-sized companies. SOCMA is pleased with many 

 of EPA's outreach activities such as working with SOCMA and CMA to plan and 

 participate in the "Living with TSCA Workshops" which are held every 18 months; 

 making experts available to participate in SOCMA's regional TSCA workshops; and 

 disseminating the Chemicals-in-Progress Bulletin. Still, improvements in this area 

 are needed so that more small companies can receive much-needed TSCA informa- 

 tion. SOCMA believes that EPA's Office of Enforcement and Compliance Assurance 



