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On April 15, 2010, Senator Lautenberg introduced legislation (S. 3209) to amend the core provisions of the Toxic Substances Control Act (TSCA) Title I. Representatives Waxman and Rush introduced comprehensive legislation to amend TSCA (H.R. 5820) on July 22, 2010. This report compares key provisions of S. 3209, as introduced, H.R. 5820, as introduced, and current law (15 U.S.C. 2601 et seq.).
Facilities handling large amounts of potentially hazardous chemicals (i.e., chemical facilities) might be of interest to terrorists, either as targets for direct attacks meant to release chemicals into the community or as a source of chemicals for use elsewhere. Because few terrorist attacks have been attempted against chemical facilities in the United States, the risk of death and injury in the near future is estimated to be low, relative to the likelihood of accidents at such facilities or attacks on other targets using conventional weapons. For any individual facility, the risk is very small, but the risks may be increasing - with potentially severe consequences for human health and the environment. Available evidence indicates that many chemical facilities may lack adequate safeguards.
Bees, both commercially managed honey bees and wild bees, play an important role in global food production. In the United States, the value of honey bees only as commercial pollinators in U.S. food production is estimated at about $15 billion to $20 billion annually. The estimated value of other types of insect pollinators, including wild bees, to U.S. food production is not available. Given their importance to food production, many have expressed concern about whether a "pollinator crisis" has been occurring in recent decades. In the United States, commercial migratory beekeepers along the East Coast of the United States began reporting sharp declines in 2006 in their honey bee colonies. The U.S. Department of Agriculture (USDA) reports that overwinter colony losses from 2006 to 2011 averaged more than 32% annually. This issue remained legislatively active in the 110th Congress and resulted in increased funding for pollinator research, among other types of farm program support, as part of the 2008 farm bill (P.L. 110-246). Congressional interest in the health of honey bees and other pollinators has continued in the 112th Congress (e.g., H.R. 2381, H.R. 6083, and S. 3240) and may extend into the 113th Congress. This report: Describes changes in managed and wild bee populations, given readily available data and information. It focuses on managed and wild bees only, and excludes other types of pollinators, including other insects, birds, and bats. Data on managed honey bees are limited, and do not provide a comprehensive view of changes in bee populations. Data for wild bee populations are even more limited; Provides a listing of the range of possible factors thought to be negatively affecting managed and wild bee populations. In addition to pesticides, other identified factors include bee pests and diseases, diet and nutrition, genetics, habitat loss and other environmental stressors, and beekeeping management issues, as well as the possibility that bees are being negatively affected by cumulative, multiple exposures and/or the interactive effects of each of these factors; Briefly summarizes readily available scientific research and analysis regarding the potential role of pesticides among the factors affecting the health and wellbeing of bees, as well as the statutory authority and related regulatory activities of the U.S. Environmental Protection Agency (EPA) related to pesticide use. A 2007 report by the National Research Council of the National Academy of Sciences, Status of Pollinators in North America, provides a more detailed scientific context for this report and may be consulted for more in depth understanding about bee health. That study concluded that many factors contribute to pollinator declines in North America, and CRS accedes to that conclusion. Accordingly, the focus of this report on bee exposure to pesticides is not intended to imply that pesticides are any more important in influencing the health and wellness of bees than any of the other identified factors influencing bee health. Pesticides are only one of the many influences on bee health. Because neonicotinoid pesticides have been the focus of concerns in Europe and in the United States, this report briefly describes recent scientific research related to possible effects of exposure to these pesticides on bees. The report concludes with a summary of recent regulatory activity regarding neonicotinoids at EPA, the federal agency charged with assessing risks and regulating U.S. sale and use of pesticides.
Concern about mercury in the environment has increased in recent years due to emerging evidence that exposure to low levels of mercury may harm the developing nervous systems of unborn children. At least five bills in the 109th Congress aim to reduce mercury emissions from coal-fired electric utilities. The various proposals and a final regulation promulgated by the U.S. Environmental Protection Agency (EPA) on March 15, 2005, differ in how much and how soon emission reduction would be required, and in whether reductions would be achieved through controls at each plant or through a nationwide cap and trade system. The latter approach could allow individual plants to continue emitting current levels of mercury, potentially worsening conditions at nearby "hot spots." Analysis of competing proposals raises questions about the sources, fate, and toxicity of mercury in the environment. This CRS report provides background information about mercury and summarizes recent scientific findings. For information about regulatory proposals to reduce environmental emissions of mercury, see CRS Report RL32868, Mercury Emissions from Electric Power Plants: An Analysis of EPA's Cap-and-Trade Regulations.
"Toxic" drywall, formaldehyde emissions, mold, asbestos, lead-based paint, radon, PCBs in caulk, and many other indoor pollution problems have concerned federal policy makers and regulators during the last 30 years. Some problems have been resolved, others remain of concern, and new indoor pollution problems continually emerge. This report describes common indoor pollutants and health effects that have been linked to indoor pollution, federal statutes that have been used to address indoor pollution, key issues, and some general policy options for Congress. Indoor pollutants are chemicals that are potentially harmful to people and found in the habitable portions of buildings, including homes, schools, offices, factories, and other public gathering places. Some indoor pollutants, like lead or ozone, are also outdoor pollutants. Others, like formaldehyde or asbestos, are primarily indoor pollutants. Indoor pollutants may be natural (for example, carbon monoxide or radon) or synthetic (polychlorinated biphenyls PCBs]), and may originate indoors or outdoors. They may be deliberately produced, naturally occurring, or inadvertent byproducts of human activities. For example, they may arise indoors as uncontrolled emissions from building materials, paints, or furnishings, from evaporation following the use of cleaning supplies or pesticides, or as a combustion byproduct as a result of heating or cooking. Some pollution that originates outdoors infiltrates through porous basements (e.g., radon) or is inadvertently brought into indoor spaces, perhaps through heating or air conditioning systems or in contaminated drinking water. Often pollutants accumulate indoors as a result of deliberate improvements to increase energy efficiency, for example by reducing building permeability to air. The health risks posed by indoor pollutants have concerned scientists for many years. Because people spend a high percentage of their time indoors, and concentrations of pollutants often are higher in indoor air than outdoor air, the risks due to exposure can be higher than many other environmental risks. Moreover, a 2011 report by the Institute of Medicine warns that many indoor environmental quality problems might get worse if adaptations to climate change are made without better information and programs aimed at pollution prevention. No federal agency has broad authority concerning pollution indoors. Nonetheless, numerous federal agencies have some authority to control particular indoor pollutants or sources of pollution or the quality of indoor environments in a particular class of structures. For example, the U.S. Environmental Protection Agency (EPA) has authority under the Toxic Substances Control Act (TSCA) to study and issue safety guidelines for radon and lead-based paint hazards. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes EPA also to respond to releases of hazardous substances into the outdoor environment which may migrate indoors. The Consumer Product Safety Commission (CPSC) has authority to set emission limits for, and to restrict uses of, certain chemicals in consumer products. The Department of Housing and Urban Development (HUD) and the General Services Administration (GSA) regulate some indoor pollutants in federal buildings. These and other agencies have conducted research to examine the risks of various indoor pollutants. Concerns about coordination of federal efforts to address indoor pollution have been expressed by the general public, the U.S. Government Accountability Office (GAO), and the U.S. Congress. But any federal response to indoor pollution is complicated by the need to coordinate with local and state governments as well to address potentially overlapping jurisdictions and resources. Options for Congress range from maintenance or improvement of the status quo to reduction or expansion of federal involvement in research, information dissemination, or regulation.
This book provides the reader with the steps that Congress is taking to reduce risks to the general public of exposure to hazardous chemicals as a result of terrorist acts. The US chemical production, processing, and storage facilities are seen as a grounds for potential security breaches and thus must be equipped with the means to handle them. Accordingly, the book considers the likelihood and severity of harm that might result from terrorist attacks on chemical facilities, as well as from illicit use of such facilities to gain access to hazardous chemicals (or to precursor chemicals that can be used to produce hazardous chemicals).
Several major statutes form the legal basis for the programs of the Environmental Protection Agency (EPA). Many of these have been amended several times. The current provisions of each are briefly summarised in this report. The Pollution Prevention Act (PPA) seeks to prevent pollution through reduced generation of pollutants at their point of origin. The Clean Air Act (CAA) requires EPA to set mobile source limits, ambient air quality standards, hazardous air pollutant emission standards, standards for new pollution sources, and significant deterioration requirements; and to focus on areas that do not attain standards. The Clean Water Act (CWA) establishes a sewage treatment construction grants program, and a regulatory and enforcement program for discharges of wastes into U.S. waters. Focusing on the regulation of the intentional disposal of materials into ocean waters and authorising related research is the Ocean Dumping Act. The Safe Drinking Water Act (SDWA) establishes primary drinking water standards, regulates underground injection disposal practices, and establishes a groundwater control program. The Solid Waste Disposal Act and Resource Conservation and Recovery Act (RCRA) provide regulation of solid and hazardous waste, while the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund, provides authority for the federal government to respond to releases of hazardous substances, and established a fee-maintained fund to clean up abandoned hazardous waste sites. The authority to collect fees has expired, and funding is now provided from general revenues. The Emergency Planning and Community Right-to-Know Act requires industrial reporting of toxic releases and encourages planning to respond to chemical emergencies. The Toxic Substances Control Act (TSCA) regulates the testing of chemicals and their use, and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) governs pesticide products and their use.
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