New York Democrats Jerrold Nadler and Tim Bishop introduced a House bill today that would ban the use of oil-dispersing chemicals unless U.S. EPA sanctions them.

The measure calls for EPA to write new regulations establishing baselines for dispersants' toxicity and effectiveness and impose a moratorium on dispersant use until the rulemaking and studies are complete.

The legislation allows EPA to grant "conditional approvals" for dispersant use if it determines that there will be no negative impact on human health or the environment, under the proposed bill.

The legislation would also make public the ingredients of dispersants and the locations where they are applied.

"We cannot use the Gulf of Mexico or anywhere else that suffers an oil spill as testing grounds for little-known toxic chemicals," Nadler, a senior member on the House Transportation and Infrastructure Committee, said in a statement. "It is time that we establish a comprehensive approach for the use of dispersants if we are to protect the health of people, fisheries, marine mammals and their habitats."

At least 1.8 million gallons of dispersants was used in the Gulf of Mexico to combat the Deepwater Horizon oil spill last year. BP PLC used Corexit-brand dispersant, the most widely available formula but one that EPA's pre-approved list of products rated as one of the more toxic and least effective of the various alternatives.

After some back and forth, EPA approved its continued use, although scientists agree that the environmental and human health effects of the chemicals, which cause oil to sink into the ocean rather than float onto shorelines, are poorly understood (Greenwire, April 22).

"We need rigorous scientific testing of the long-term effects of chemical dispersants on public health and the environment before the government endorses their continued use," said Bishop, ranking member on the Transportation Committee's Water Resources and Environment Subcommittee. "It's time to take a step back and ensure dispersants are effective on oil spills in our waters and won't harm water quality and marine habitats."

The bill is similar to a provision included in a Democratic spill-response measure last summer (H.R. 3534), which passed the House but died in the Senate.