In a development that may have implications for the Occupational Safety and Health Administration’s (OSHA) standard-setting process, the Departments of Labor (DOL) and Health and Human Services (HHS) have settled a lawsuit with the trona industry over the use of Threshold Limit Values (TLVs) issued by the American Conference of Government Industrial Hygienists (ACGIH).
The trona industry charged that ACGIH was acting as an illegal federal advisory board because too large a number of federal employees were serving on the TLV panel, and that federal agencies, such as OSHA, rely too heavily on ACGIH’s recommendations. Several industry groups (including ILMA) have challenged ACGIH’s impartiality in recent years. ACGIH settled its lawsuit with the trona miners and producers in October 2001.
ACGIH has recommended a TLV for petroleum oil mist of 0.2 mg/m3 and an “A2” carcinogen classification. If published as proposed, ILMA believes that formulators of thousands of products containing mineral oils, such as baby oils, food-grade mineral oils, and industrial oils, would face either specific labeling requirements or potential product liability if they do not apply a carcinogen label.
ILMA has expressed concern over this proposal, and has submitted comments to ACGIH because its proceedings are closed. This raises obvious concerns within the industry, which have been expressed to the Chairman of the House Committee on Education and Labor’s Subcommittee on Workforce Protections, Representative Charlie Norwood (R-GA). Rep. Norwood held a hearing to review ACGIH’s standard-setting procedures, and he has raised his concerns with DOL Secretary Elaine Y. Chao.
The trona industry agreed to withdraw its lawsuit after DOL and HHS agreed to take steps to ensure compliance with federal ethics laws and conflict of interest policies. Under the settlement agreement, DOL and HHS will review issues related to their employees taking part in professional organization activities that also relate directly to their jobs, including participation in ACGIH proceedings.
Although most lawsuits against ACGIH are settled (one case currently is pending), the organization stands by its decisions. A statement posted on its website (www.acgih.org) states “we must recognize that the potential for further lawsuits is real. ACGIH must defend itself against such unwarranted attacks on the credibility of its TLVs. The TLVs are internationally recognized occupational exposure values and are used throughout the world. They have made immense contributions to the prevention of disease in the workplace. The successful conclusion of this remaining case, and any future case, is essential to ACGIH's continuing efforts to protect workers everywhere.”
In a related, but somewhat contradictory, development, Congress has passed legislation that will allow federal workers to take part in the standard-setting processes of the American National Standards Institute (ANSI). The provision, which was adopted as an amendment to the Fiscal Year 2002 Department of Defense authorization bill (S. 1438), in effect repeals a 1912 law that prohibits the Government from paying the expenses related to an individual’s attendance at meetings or conventions if they are members of a professional society. President Bush signed S. 1438 into law on December 28, 2001.
The amendment’s sponsor, Senator Joseph Lieberman (D-CT), explained that the provision is important to the U.S. military because it will allow the Defense Department personnel to participate in meetings to set technical standards for products, manufacturing processes, and management practices of interest to the military. However, the provision has wider application among all federal agencies because federal employees are considered valued and critical participants on standard-setting bodies.
David Karmol, ANSI’s Director of Public Policy and Governmental Affairs, was quick to distinguish his organization from the troubles facing ACGIH, explaining that ANSI operates differently than ACGIH because its standard-setting process is open. “We have never had the kind of objections that Chairman Norwood and others described during their hearings,” he noted.
EPA Solicits Comment on RCRA Recordkeeping Proposal
The Environmental Protection Agency (EPA) is seeking public comment on a proposal to streamline the recordkeeping requirements mandated by the Resource Conservation and Recovery Act’s (RCRA) hazardous waste management rules. The notice, which was published in the Federal Register on January 17, is part of a comprehensive effort to reduce the federal paperwork burden by 40% from 1995 levels.
In its notice, EPA explains that it currently requires the submission of 334 different types of notifications, reports, certifications, demonstrations, and plans from generators and treatment, storage and disposal facilities (TSDF) to show compliance with RCRA regulations. Information also is collected as part of applications for extensions, permits, variances, and exemptions. Since RCRA has been in effect for 20 years, EPA believes that the time is right to reevaluate its information collecting and recordkeeping procedures, while at the same time trying to address the paperwork reduction mandate.
EPA’s proposed rule, which is extensive, can be found on the internet at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-191-filed.pdf . While EPA is seeking comment on all aspects of the proposal, it seeks specific answers to the following questions:
· How will this proposal affect users of environmental information, particularly the public?
· Are any of the regulations proposed for elimination crucial to protecting human health and the environment?
· What kinds of information do people need to protect public health and the environment, and how can they get it most efficiently?
· What information is actually used?
EPA will accept public comments on this proposal through April 17, 2002.
