Comment on Using Competition-Based Regulation to Bridge the Toxics Data Gap

摘要

Wagner's creative proposal for competition-based regulation is motivated by the clear need to increase both chemical information in the market and incentives and.rewards for the development of safer alternatives. A role for government in promoting the market's transition to safer chemicals and products is clearly needed and appropriate. But I question whether EPA is either able or best suited to serve as exclusive judge and jury as to what constitutes a safer and viable alternative to a chemical of concern-especially given the complexity and pitfalls inherent in seeking to assess (often in advance of commercialization) the detailed economic and technical performance characteristics of each use of a chemical and its potential substitutes.24 Might not those questions be better left to the market itself to decide, with EPA's role focused on setting data and disclosure requirements, test protocols and ground rules for judging health and environmental safety, and banning or restricting chemicals that cannot be shown to be safe?