(To be made one and seven copies) THE SENATE ...TWELFTH....... LEGISLATURE, 19.8.3 STATE OF HAWAII S.R.NO. • SENATE RESOLUTION REQUESTING THE UNITED STATES TO PROHIBIT THE EXPORT OF 84 S.D. 1 WHEREAS, pesticides that have been canceled for use in the United States continue to be produced in this country for export and sale to developing countries; and WHEREAS, the governments of the importing countries often have poorly developed institutions to gather and disseminate authoritative information about the hazards posed by pesticides to humans and fish and wildlife, and to monitor ecological impacts; and WHEREAS, farm workers involved in the application of pesticides as well as the general public in these developing countries are usually unaware of the dangers posed by pesticides and often apply excessive amounts of chemicals, sometimes due to improperly labeled pesticides, without taking safety precautions, resulting in one human being poisoned every minute in underdeveloped countries, many fatally according to the World Health Organization; and WHEREAS, United States consumers are being exposed to canceled or unregistered pesticides returning as residues in or on imported foods such as coffee, bananas, tea and beef; and WHEREAS, persistent and broad spectrum pesticides such as DDT and heptachlor are now causing in other countries the same widespread harm, such as eliminating non-target species, killing fish, and causing thin egg shells and poor breeding success in many species of birds, that caused them to be canceled in the United States; and WHEREAS, the populations of many waterfowl, doves and other migratory bird species that overwinter in Latin America could be adversely affected by pesticide contamination of their wintering habitats; now, therefore, 2 Page. S.R. NO. 84 S.D. 1 BE IT RESOLVED by the Senate of the Twelfth Legislature of the State of Hawaii, Regular Session of 1983, that the United States Congress and the Environmental Protection Agency (EPA) are respectfully and strongly urged to prohibit the export of pesticides that are not registered for use in this country, except where public health emergencies may require their use and where the importing government gives its informed consent; and BE IT FURTHER RESOLVED that the Senate respectfully urges the United States Congress, the EPA and the State Department to provide information to developing countries on medical and biological research conducted in this country, and to assist in the design of training programs, rules, regulations and standards for the use of pesticides; and BE IT FURTHER RESOLVED that the Senate respectfully urges the United States Government to reassume its leadership role in the design of agreements among developed nations on guidelines for the testing, export and sale of pesticides and the promotion of integrated pest management; and BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to Hawaii's Congressional delegation, the President of the United States Senate, the Speaker of the United States House of Representatives, the Administrator of the Environmental Protection Agency, and the Secretary of State. This is in response to your letter of September 2, 1982 asking for EPA comments on the Proposed Executive Order on "Federal Policy Concerning Notice to Foreign Governments of United States Actions Regulating Hazardous Materials." Since EPA is charged with implementation of two statutes (the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Toxic Substances Control Act (TSCA)) which are affected by the proposed Executive Order and Presidential Memorandum, the Agency welcomes the opportunity to comment. In summary, the Agency can generally support the draft proposal for notice of regulatory action at the time of such action and an annual compendium of regulatory actions. It should be noted that these new programs will require more resources than are now called for under existing programs. For reasons previously articulated to you and others, the Agency does not concur in the recommendations in the Memorandum for legislative changes to FIFRA and TSCA. The Agency feels that savings to industry from dropping or consolidating notice requirements are likely to be small. In view of substantial public and foreign support for notice requirements, we have to question whether the action is one worth taking. If a decision is made to proceed and amendments to the various enabling statutes become necessary, we would strongly suggest that amendments not occur statute by statute. Rather, we would recommend an omnibus bill consolidating all necessary actions into one legislative vehicle. In any event, if the decision is made to proceed on these legislative changes, we will support the effort. -2 As you know, we submitted a number of detailed comments in an August 18 letter to the U.S. Trade Representative. Very few of our comments are reflected in the current drafts. Enclosed is a copy of revised detailed comments on the current drafts. Sincerely yours, Ave M. Grah Anne M. Gorsuch Enclosure EPA COMMENTS on Proposed Executive Order Concerning Notice to Foreign Governments of U.S. Regulatory Action Presidential Memorandum, and Report to the President The Scope of the Order is limited to those pesticides whose registrations have been denied. It does not include those pesticides whose registrations have been cancelled or suspended. Cancellation or suspension is frequently a more significant regulatory action than denial of registration. Since the intention of the Order is to alert other governments to actions taken on hazardous substances, cancelled and suspended pesticides should be included. Please refer to FIFRA Section 17(b) for the description of the current requirement for notification of major regulatory actions, such as the suspensions and cancellations of the registrations of pesticides. Suspended and cancelled pesticides should be included in the Scope of the Order, since these pesticides are usually those that have been determined to be particularly hazardous. Pesticides that have been classified as "restricted use" also should be included in the Scope of the Order. Pesticides are usually classified as "restricted use" because of their potential adverse health and environmental effects. Pursuant to FIFRA, restricted use pesticides may be applied only by certified applicators (or under the guidance of certified applicators) who are trained in the appropriate procedures. In addition, there usually are requirements for use of special protective clothing and equipment. The Scope of the Order does not include misbranded or adulterated pesticides. This is an appropriate exclusion. However, for consistency, misbranded or adulterated products under the FFDCA also should be excluded. Problems related to these types of products tend to be associated with single shipments and not the type of chronic health and safety problems which the Order addresses. Notification on such products would be of little utility to foreign countries. Please correct the following citations: Page 3, section (f) should be: Section 3 (c) (6) of FIFRA, (7 U.S.C. 136 a (c)(6)). Page 3, section (g) should be: Under Section 6 (a) (1), |