183 



should aggregate and provide specific data to OPPT on TSCA violations so that 

 OPPT can use it as a basis for developing outreach programs and compliance tools. 

 Finally, SOCMA believes that EPA regional offices should assume a more active role 

 of compliance assistance. 



Reallocated Funds for TSCA Programs 



SOCMA is particularly concerned that there is currently a misallocation of budg- 

 etary funds in the TSCA program. Over the past several years, enforcement activi- 

 ties have been accorded dramatic increases in budget funds. During the same pe- 

 riod, TSCA programs have suffered severe budget cutbacks. One consequence has 

 been a significant increase in fines often up to hundreds of thousands or in some 

 cases millions of dollars — for paperwork violations such as reporting and record- 

 keeping which have little or no impact on health and the environment. SOCMA be- 

 lieves that reallocation of some of the enforcement increases to other projects, such 

 as compliance assistance under the Existing Chemicals Program, would be far more 

 effective in addressing health and environmental risks. 



Finally, SOCMA believes that the current TSCA enforcement structure is leading 

 to unreasonable fines for violations that do not pose serious threats to himian health 

 and or the environment. 



Conclusion 



SOCMA is pleased to submit these comments to the Senate Subcommittee as it 

 begins to review TSCA. Comprised primarily of small specialty chemical companies, 

 SOCMA is committed to not only helping its members comply with TSCA but help- 

 ing them work toward continuous improvement goals established under the Respon- 

 sible Care Program. SOCMA believes that EPA is using its TSCA authority to im- 

 plement initiatives under the Existing Chemicals Program that are risk-based, ac- 

 tion-oriented and focused on pollution prevention. SOCMA is generally supportive 

 of the Agenc^s "new initiatives" and is participating in some of the EPA/industry 

 dialogue in this regard. SOCMA is not advocating any broad changes to the Existing 

 Chemicals Program as it believes that Congress should give EPA time to fully im- 

 plement its new programs. Still, SOCMA believes that EPA could fvirther build upon 

 its Existing Chemical Program by: creating exemptions for most TSCA reporting 

 and notification rules for chemicals produced in small quantities, de minimus con- 

 centrations and for R&D piuposes; and conducting more compliance assistance and 

 outreach for the regulated community. SOCMA also believes that Congress should 

 not create broad testing requirements for all new chemicals as they would interfere 

 with the development of innovative specialty chemical products. Finally, SOCMA be- 

 lieves that Congress should maintain the current level of CBI protection. 



Please contact SOCMA Manager Cheryl Morton at (202) 822-6758 should you 

 have any questions or require additional information about SOCMA's testimony. 



Statement of the Chemical Manufacturers Association 



The Chemical Manufacturers Association ("CMA") appreciates this opportunity to 

 submit its comments on the July 13, 1994 hearing by the Subcommittee on Toxic 

 Substances, Research and Development. CMA is a nonprofit trade association whose 

 member companies represent more than 90 percent of the productive capacity for 

 basic industrial chemicals in the United States. 



CMA had the opportunity to testify at the last hearing on the Toxic Substances 

 Control Act CTSCA") held by this Subcommittee on May 17, 1994. CMA is commit- 

 ted to continuous improvement in risk management and we are enthusiastic about 

 being a party to this hearing process. We again offer you our experience and tech- 

 nical expertise as the Subcommittee considers these issues. 



TSCA provides a fi-amework for a multi-media approach to chemical risk manage- 

 ment. It was designed to protect society from "unreasonable risks" frora chemicals 

 and was the first environmental statute with a "pollution prevention" approach. 



CMA and its members are directly affected by virtually any action taken by EPA 

 under TSCA on chemicals in commerce. Even so, the chemical industry is not the 

 only industry impacted by regvilatory action under TSCA. There are many other 



