NCAP files lawsuit to force EPA to release information on inert ingredients in pesticides under Freedom of Information Act

In October 2000, the Northwest Coalition for Alternatives to Pesticides (NCAP) took action against the U.S. Environmental Protection Agency (EPA) for its alleged failure to act after a petition was filed that asked it to reveal more information on pesticide ingredients.

In 1998, the NCAP petitioned EPA to require the disclosure of inert ingredients on pesticide product labels.

In response to the petition, in November 1999, EPA formed a workgroup to make the ingredients’ indentities more readily available to the public.

An “active” ingredient is one that will prevent, destroy, repel or mitigate any pest, while an “inert” ingredient is one that is not active; it’s added to pesticides to make them more potent or easier to use.

Inerts can constitute up to 99 percent of a product formulation, but these ingredients rarely are listed on labels. According to EPA, about 2,300 ingredients are routinely added to pesticide products, and NCAP alleges that up to 26 percent of these inert ingredients are considered hazardous by EPA or other federal, state or international agencies, but their presence is not publicly disclosed.

According to Caroline Cox, NCAP staff scientist, it has “been three years since their [NCAP’s] petition. EPA had plenty of time and no action was taken.”

EPA recognizes that some inert ingredients are harmful to human health and in a recent letter to NCAP, stated it is currently working to find a balance between the concerns of consumers and manufacturers.

In 1987, the EPA announced a new policy for regulating inert ingredients in pesticides. Its mission was two-fold. The first objective was to reduce the potential for adverse effects resulting from inert ingredients. Secondly, once the toxic inert ingredients were identified, it hoped to encourage manufacturers to replace them with “least-toxic” alternatives.

Subsequently, the Freedom of Information Act of 1996 was passed. For years, pesticide manufacturers had claimed that the identities of inert ingredients were trade secrets. A federal court ruled that inert ingredient information could be made public, unless manufacturers justify confidentiality protections. Since 1996, NCAP has gained information about more than 100 pesticide products.

According to its website, NCAP hopes to put the inerts policy back on track and would like to see a “full disclosure on the pesticide product labels of all ingredients and a more accurate toxicity testing program.”

The International Sanitary Supply Association (ISSA) has also been actively trying to reach common ground. As a member of an advisory workgroup, it currently debates over this issue and has reached a “hung jury” type of consensus. According to a January ISSA legislative and regulatory update, the group’s opinions are split between public interest and industry trade secrets. Ultimately, this group is expected to give advice to the Pesticide Program Dialogue Committee that would advise EPA.

Although EPA declined comment, in a recent statement it says the workgroup represents public health and environmental organizations, industry groups, government agencies and the general public and plans to use the group’s suggestions to recommend an approach to make inert ingredient information more readily available to the public.

— Kari Strobel

Mergers and Acquisitions

Perkins Paper Inc., Mass., a New England wholesale distributor of food service paper, janitorial and sanitation products, and restaurant equipment and supplies, has acquired a foodservice division of the Unisource branch, Southboro, Mass.

Daley International, a Chicago- based chemical and equipment manufacturing company has acquired Steam Way International, Denver, a professional carpet and upholstery cleaning equipment manufacturer.

SYSCO, Houston, a foodservice marketing and distribution organization in North America, will acquire Guest Supply Inc., a hospitality specialty distributor based in Monmouth Junction, N.J. Guest Supply will function as an independent operation and will maintain its current management.

Georgia-Pacific Corp., Atlanta, sold a portion of its commercial tissue manufacturing operations to Svenska Cellulosa Aktiebolaget (SCA), a Swedish forest industry group. SCA will acquire what was formerly known as Georgia-Pacific Tissue, which includes the domestic facilities acquired in a 1999 joint venture with Chesapeake Corp., Richmond, Va. This sale allowed Georgia-Pacific to finalize its acquisition of Fort James Corp., Deerfield, Ill.

News Makers

Bullen Cos. Inc., Folcroft, Pa., factory employees, office personnel and manufacturing agents attended an on-location carpet cleaning training program recently. It was sponsored by the Institute for Inspection, Cleaning and Restoration Certification (IICRC), Vancouver, Wash. Cleaning and restoration expert Jeff Bishop of Clean Care Seminars, Dorhan, Ala., conducted the seminar.

Distributor Partners of America (DPA), Naples, Fla., was recently formed by nine former Nissco Executive Steering members. The not-for-profit member-owned buying-marketing organization includes 62 distributors and 68 suppliers. DPA has named Tom Haines executive director. It plans to develop the following programs: group private and dual label, batch order and centralized purchase programs, and a direct program targeting user business for members.

Imperial Electric, Akron, Ohio, a producer of high performance permanent magnet electric motors, transaxles, and power drive systems used in floor care products, announced an affiliation with Electronic Salesmasters Inc. (ESI), Beachwood, Ohio. ESI will represent Imperial and its full line of products in Ohio, western Pennsylvania, West Virginia, Kentucky, Indiana and Michigan.

Death Tax Opponents Favor Repeal in Any Form
National Federation of Independent Business CEO Jack Faris reported in Washington in January that many small business owners think President George W. Bush’s tax strategy — including the repeal of the estate tax — will help the declining economy by lessening some of the strain on small businesses.

Recently, The American City Business Journals, Charlotte, N.C., reported some supporters of the “death tax” repeal hope for a stand-alone vote for this tax, rather than having it included as part of President Bush’s overall tax cut proposal.

But Small Business Survival Committee’s (SBSC) president Chris Wysoski, Washington, notes that it’s not the packaging of the tax cut, but rather the end result (elimination of the estate tax) that small businesses should be concerned with.

Bush has said he will consider all suggestions, but plans to send the tax package he campaigned on; those tax cuts would begin in 2002.

According to the nonpartisan Center for Budget and Policy Priorities, Washington, estate and inheritance taxes account for $5.5 billion annually.

Wysoski is optimistic. “The death tax was a major point of his campaign…he made it clear he felt it is an unfair penalty to working families.”

Regulatory News

EPA’s Buy Clean Initiative Helps Better Schools’ Air
EPA has joined with numerous nonprofit organizations, states, and educational systems to develop indoor air quality programs designed to make schools safer for children by keeping the air they breathe clean. EPA has developed a guide called the Indoor Air Quality (IAQ) Tools for Schools Action Kit under its Buy Clean Initiative.

Participation is voluntary. The objective is to help organizations recognize and minimize primary IAQ factors that can trigger health problems in children, such as water damage that invites mold or mildew, too high or too low humidity levels, poor circulation, and/or cleanliness problems.

The action kit outlines a plan to prevent and resolve IAQ problems using simple activities. To determine whether or not the kits are improving air quality, EPA monitors participating schools over a one-year period.

The free kit contains a checklist, a step-by-step guide for coordinating the checklist, a fact sheet on IAQ issues, and sample policies, memos and coordinating forms. The kit explains how to observe cleanliness in classrooms and mechanical rooms, look for pollutant sources, such as dirty filters or improperly stored chemicals, and then suggests ways to remove the pollutants.

Although EPA’s website does not identify specific “harmful” cleaning products and services, a data sheet is provided to evaluate each chemical.

The Buy Clean Initiative is one of many studies conducted by EPA to improve the understanding of why children are more susceptible to airborne pollutants.

OSHA Revises Record-Keeping Regulations
The Occupational Safety and Health Administration (OSHA) has revised its current record-keeping regulation system that has been in place since 1971. The policy is designed to help employers recognize and correct workplace hazardous conditions by tracking work-related injuries and illnesses and their causes.

The final rule becomes effective on January 1, 2002, and will affect approximately 1.3 million businesses.

This new rule is designed to simplify the overall record-keeping system for employers and better protect employees’ privacy.

The revised set of regulations conforms with OSHA’s ergonomic standard published in November 2000.

OSHA is publishing this rule now to give employers sufficient time to learn the new regulations and to revise computer systems.

NAS Supports Ergonomics Standard
The National Academy of Sciences (NAS) released its evaluation of research on musculoskeletal disorders (MSDs) in January. The report supports the controversial ergonomics rule issued by OSHA and says that a relationship does exist between risk factors at work and MSDs.

The review, prepared by 19 scientists, puts to rest any remaining questions about the value of an ergonomics program in preventing injuries, OSHA says.

According to business groups that oppose the rule, the report lacks clarity about exact causes of MSDs.

The ergonomics standard took effect earlier this year and full enforcement is set to begin October 2001.




POSTED ON: 2/1/2001