Federal agency’s effort to revamp the nation’s chemical management program laudable, but doesn’t go far enough

With cancer rates skyrocketing and continual questions about how chemicals affect the health of consumers, the Obama Administration has announced its goals for reforming of this country’s chemical management law, the 1976 Toxic Substances Control Act or TSCA.

In addition, the Environmental Protection Agency also made known its plans for a major effort to strengthen the agency’s current chemical management program and increase the pace of the agency’s efforts to address chemicals that pose a risk to the public.

U.S. EPA Administrator Lisa Jackson said in a recent talk at the Commonwealth Club in San Francisco:

As more and more chemicals are found in our bodies and the environment, the public is understandably anxious and confused. Many are turning to government for assurance that chemicals have been assessed using the best available science, and that unacceptable risks haven’t been ignored.

Our oversight of the 21st century chemical industry is based on the 1976 Toxic Substances Control Act….over the years, not only has TSCA fallen behind the industry it’s supposed to regulate – it’s been proven an inadequate tool for providing the protection against chemical risks that the public rightfully expects.

Today I’m announcing clear administration principles to guide Congress in writing a new chemical risk management law that will fix the weaknesses in TSCA.

Legislation strengthening TSCA is expected to be introduced shortly. The Obama administration’s goals for the revision are:

• Chemicals should be reviewed against risk-based safety standards based on sound science and protective of human health and the environment.

• Manufacturers should provide EPA with the necessary information to conclude that new and existing chemicals are safe and don’t endanger public health or the environment.

• EPA should have clear authority to take risk management actions when chemicals don’t meet the safety standard, with flexibility to take into account sensitive subpopulations, costs, social benefits, equity, and other relevant considerations.

• Manufacturers and EPA should assess and act on priority chemicals, both existing and new, in a timely manner.

• Green chemistry should be encouraged and provisions assuring transparency and public access to Information should be strengthened.

• EPA should be given a sustained source of funding for implementation.

EPA will strengthen the performance of its current chemical management program while Congress considers new legislation.

However, representatives of the Environmental Working Group, Earthjustice, and the Breast Cancer Action Fund question how the new regulatory program might work, reports the article “EPA Announced Plan to Review Six Controversial Chemicals” on the Web site Scientific American.

Many experts say the United States has fallen far behind in regulating toxic substances, according to the article. In 2007, the European Union began implementing the world’s most restrictive chemicals law. It requires manufacturers to provide basic data on the properties of thousands of chemical substances. The European Chemicals Agency then will review the chemicals, and require substitution of the most dangerous ones.

The EPA will begin its chemical reforms by analyzing and regulating six high-profile chemicals that have raised health concerns: bisphenol A, or BPA, found in hard, clear polycarbonate bottles; phthalates, used in vinyl and cosmetics; brominated flame retardants, added to electronics and other goods; perfluorinated compounds, used in manufacturing nonstick coatings and food packaging; some parafins used in lubricants, and benzidine dyes and pigments.

Many scientists say these chemicals can mimic hormones and obstruct development of fetuses and children, as well as possibly cause reproductive problems, cancer, or other health effects, reports the article.

To strengthen EPA’s chemical management program, chemical action plans will be developed, which will outline the agency’s risk management efforts on the chemicals of greatest concern.

EPA plans to post an initial set of four action plans in December and additional action plans every four month after that.

Efforts also will be accelerated to gather the critical information from industry that the agency needs to make chemical risk determinations. EPA is also reviewing ways to increase consumers’ access to information about chemicals.

Information on EPA’s chemical management program can be found at: www.epa.gov/oppt/existingchemicals/index.