9 
will be produced precisely because they are on this list and in 
demand; such products should not be classified as "new", and 
thus TSCA should not apply. 
2. The Scope of Authority That EPA Desires Would 
Provide Virtually No Benefit 
In the context of accidental release of altered genetic 
material during the manufacture of genetically engineered pro- 
ducts, regulation by EPA would provide no benefit because there 
is minimal danger against which this additional authority could 
protect. Moreover, the current recombinant DNA regulatory pro- 
gram and existing state statutory and regulatory systems suffice 
to protect against and minimize any such accidental release. 
Mass escape of altered microorganisms is severely re- 
stricted by the closed fermentation manufacturing process 
utilized in genetic engineering. Because of the biological 
containment features of the organisms that might escape, these 
altered microbes are at a severe disadvantage over naturally 
occurring wild type strains. 
Moreover, even if some concern justifiably exists, the 
current regulatory program provides adequate protection against 
accidental escape. EPA, however, would claim authority on the 
basis of three alleged gaps in the regulatory structure: (1) 
The Guidelines are not applicable to industry. They were not 
designed with industry in mind, and there are no sanctions 
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