Statement of Administration Policy: H.R. 2210 - Organotin-Based Antifoulant Paint Control Act

(Revision)
(House)
(Rep. Jones (D) North Carolina and 20 others)

While not objecting to the substance of H.R. 2210, which would permit use of antifoulant paints with certain restraints, the administration opposes the bill because it would supersede the regulatory process established by Congress under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).

To allow a reasoned approach in the use of antifoulant paint by permitting painting under a limited release rate while concomitantly protecting the environment, is valid and commendable. FIFRA, however, requires that decisions on the regulation of pesticides be based on a technical review of appropriate scientific data and a weighing of the pesticide's risks and benefits. H.R. 2210 would establish a dangerous precedent by having Congress legislate chemical specific regulations. EPA is currently proceeding with its special review of these compounds and recently published its proposed regulatory decisions. H.R. 2210 would circumvent the usual notice and comment process and seriously weaken the normal administrative procedures. Further, an arbitrary interim standard would be disruptive to producers and users if EPA later chooses a different control level through its administrative process.