"Indirect Regulation" of Environmental Hazards Through the Provision of Information to The Public: The Case of SARA, Title III

Richard C. Rich, Virginia Polytechnic Institute and State University
W. David Conn, Virginia Polytechnic Institute and State University
William L. Owens, University of California - Davis

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http://dx.doi.org/10.1111/j.1541-0072.1993.tb01451.x

NOTE: At the time of publication, the author W. David Conn was affiliated with Virginia Polytechnic Institute and State University. Currently, April 2008, he is Vice Provost of Academic Programs & Undergraduate Education and Professor of City & Regional Planning at California Polytechnic State University - San Luis Obispo.

Abstract

Title III of the Superfund Amendments and Reauthorization Act of 1986 seeks to reduce the risks of chemical accidents through a strategy of indirect regulation that relies on providing the public with information about chemical hazards. For this strategy to be effective, citizens must aggressively utilize the information provided to monitor industrial practices and press for risk reduction. Since prior research suggests it is very difficult to evoke the degree of citizen action that would be required to make a strategy of indirect regulation successful, and since the federal legislation provided no funds for implementation, there is a question o/whether the structures set up by Title III are sufficient to achieve its objectives. This article reports the results of a national study that examined selected aspects of the implementation of Title III in an effort to assess the likely outcome of its attempt at indirect regulation. Our focus is on the degree to which the Title Ill-mandated Local Emergency Planning Committees are pursuing policies that are likely to get the necessary information to citizens and foster community debate on hazardous materials issues.