Government Concentrates

NIH scientists offer alternative conflict-of-interest plan

As NIH's new conflict-of-interest rules begin to take effect, a group organized to represent the concerns of NIH intramural researchers has proposed an alternative set of rules that it believes would be fairer to agency employees. The group--the Assembly of Scientists--argues that the new, one-size-fits-all regulations, outlined by NIH Director Elias A. Zerhouni on Feb. 1, will negatively affect recruitment and retention of talented scientists at the agency (C&EN, March 7, page 11). As a substitute, the group's 19-member executive committee has drafted an alternative set of rules for Zerhouni to consider. The proposal would organize NIH employees into five job groups based on the level of judgment and decision-making authority associated with their positions. The job groups are NIH leadership, NIH grants administration, principal investigators and independent investigators, clinicians and research scientists, and support staff. In general, the proposed alternative rules place strict restriction on the outside activities and equity holdings for the job groups that have authority over research programs and grants. Scientists who fall into the groups with no such authority would be limited only from outside activities and equity holdings involving companies that sponsor the research projects on which they are working. The rules, however, would not place any restrictions on activities and financial holdings of support staff, which includes lab technicians and secretaries.

EPA's mercury analysis biased, GAO says

EPA used a biased analysis to select a scheme for controlling mercury emissions from power plants, the Government Accountability Office reported last week (GAO-05-252). GAO, the investigative arm of Congress, studied how EPA decided to set a ceiling on releases of mercury from power plants and to allow utilities to trade pollution credits to meet the emission limit. This decision contrasts with a second option, which EPA deemed to be more expensive, that would specify the kind of technology that power plants would have to install to curb releases of the toxic metal. GAO found that EPA analyzed the cap-and-trade option in combination with a separate rule for controlling air pollution that blows across state lines. The agency examined the technology-based option for mercury control by itself, however, making comparisons between two analyses of little use. The agency is under a court deadline to issue by March 15 a rule controlling mercury emissions. Separately, on March 10, EPA released the interstate air pollution rule. EPA officials say they will take GAO's comments into account before finalizing the mercury rule.

Less acrylamide in food sought

The presence of acrylamide in certain foods may be a public health concern, and efforts should be made to reduce its levels, says a report prepared by a joint committee of the World Health Organization and the Food & Agriculture Organization of the United Nations. High doses of acrylamide can cause cancer in lab animals. Acrylamide is formed when certain foods, especially those high in carbohydrate and low in protein, are cooked at temperatures higher than 120 °C. Potato chips; french fries; coffee; and cereal products such as pastries, sweet biscuits, and breads have been found to contain some of the highest levels of the chemical. Because the amount of acrylamide formed in a food varies dramatically depending on cooking time and temperature, it is not possible to make recommendations about how much of any specific food is safe to eat, the report notes. The food industry is evaluating methods of reducing the amount of acrylamide formed during cooking. FDA, which has been conducting toxicology research on acrylamide, is reviewing the WHO report. "We look forward to thoroughly assessing [the] latest findings on the issue so that we can work together using sound science to ensure the safety of our food supply," says Robert E. Brackett, director of FDA's Center for Food Safety & Applied Nutrition.

White House directs agencies to relax rules

To help manufacturing companies, including chemical makers, the White House Office of Management & Budget last week directed federal agencies to loosen the requirements in dozens of regulations. OMB selected 76 of 189 recommendations offered by industry to lower costs of compliance with federal rules. Half of the chosen 76 recommendations affect EPA regulations and include several changes proposed by the American Chemistry Council, the Synthetic Organic Chemical Manufacturers Association, the National Paint & Coatings Association, and the American Petroleum Institute. OMB directed EPA to redefine hazardous waste to exclude materials that are recycled and to eliminate export notification requirements for chemicals that are minor ingredients in products shipped overseas. In addition, OMB ordered EPA to reexamine the 100-lb threshold for triggering Toxics Release Inventory reports on lead. Also, EPA is to consider making TRI reporting biennial, instead of yearly, and eliminating TRI reports for chemicals sent to landfills or injected into deep-well disposal facilities. The full list of affected actions is available at http://www.whitehouse.gov/omb/inforeg/reports/manufacturing_initiative.pdf

Power plants sign pollution settlement

EPA, the Department of Justice, and the State of Illinois have reached a settlement with Illinois Power Co. and its successor, Dynergy Midwest Generation, under the new source review provisions of the Clean Air Act. The lawsuit was filed in 1999. Under the agreement, five Dynergy facilities will cut emissions of sulfur dioxide and nitrogen oxides by a total of 54,000 tons each year, and the company will spend approximately $500 million on pollution control equipment and other measures. Payments include a $9 million civil penalty and $15 million in projects to mitigate damage from the harmful emissions. EPA says this is the eighth new source review agreement it has reached with coal-fired power plants and marks the largest civil penalty in a power-plant emissions case.