Toxic Substances Control Act, United States - Research Paper Example

The U.S. Environmental Protection Agency (EPA) has been given the ity through the Toxic Substances Control Act (TSCA) to detect and identify potentially hazardous products and utilization of existing and latest chemicals by the U.S. manufacturers. Subject to the thorough TSCA screening and thorough tests which EPA requires chemical manufacturing firms to conduct are both synthetic and naturally occurring substances with the exception of those regulated under different federal laws. While the enactment of codified environmental acts with TSCA has brought certain advantages in reducing health risks and negative impact to the environment in general through the course of history since the 1970s, its scope and limitations are perceived to necessitate evaluation measures that suit current demands. History Originally proposed in 1971 by the President’s Council on Environmental Quality, federal legislation for TSCA arrived at a report on ‘Toxic Substances’, detailing a defined need for comprehensive legislation in identifying and controlling chemicals whose production, processing, distribution, application, as well as disposal may pose serious threat to humans and environment alike, especially since environmental statutes back then were lacking adequate regulations. In 1972 and the following year, bills for the 92nd and 93rd Congresses were passed by the House and the Senate respectively when certain issues rose regarding the scope of tests performed, economic consequence, and efficiency in comparison to other regulatory laws. TSCA was approved and officialized into law under the regime of President Ford as the latter signed for its approval on October 11, 1976, under which EPA was granted jurisdiction to address reported episodes of environmental contamination by polychlorinated biphenyls (PCBs) of Hudson River and other waterways, chlorofluorocarbon (CFC) emissions toward gradual stratospheric ozone depletion, and polybrominated biphenyls (PBBs) with agricultural impact. Estimating optimum levels of costs imposed upon TSCA implementation as well as related provisions inventory and hazard notifications were also required for EPA to maintain besides pertinent screening procedures and control of existing industrially used toxic chemicals. Major amendments to the TSCA initially comprised in a single title included Asbestos Hazard Emergency Response Act under Public Law Number 99-519 (Title II) in 1986 which enabled EPA to set standards for asbestos mitigation in schools, requiring asbestos contractors to be trained and certified as well. Radon Program Development Act in 1988 followed by Radon Measurement two years later, as stated in P.L. 100-551 (Title III) and P.L. 101-508 correspondingly contained directions for EPA to provide technical assistance to states that opt to support monitoring and control of radon. Asbestos School Hazard Abatement Reauthorization Act under P.L. 101-637 moreover was enacted in 1999 whereas the Residential Lead-Based Paint Hazard Reduction Act of 1992 through P.L. 102-550 (Title IV) was sought to be carried out in providing assistance leading to abatement of lead-based paint hazards. Through Title V, similarly, environmental concerns at schools along with energy efficiency were dealt with by the Energy Independence and Security Act of 2007 within P.L. 110-140 while Title I was further amended in terms of sales restrictions for elementary mercury in 2008 being authorized by Mercury Export Ban Act under P.L. 110-414. TSCA Coverage / Content One chief objective of TSCA was to enable producers to develop test data, directing EPA to require such on existing chemicals in case – (1) the manufacture, processing, distribution, use, or disposal of the chemical ‘may present an unreasonable risk’ or (2) when the chemical is produced in substantial quantity by volume, posing the threat of being released to the environment in equivalent or proportional amount which entails a range of measureable impact upon a populace of high biodiversity. Since there were more than 55,000 chemicals in U.S. Commerce during the development of test rules by EPA, the Congress considered forming the Interagency Testing Committee (ITC) in order to aid EPA in determining prioritization of substances to be placed under the agreed test procedures. While coordinating with EPA in identifying additional testing needs and tasks for which other governmental agencies may impart pertinent resources, ITC is expected to contribute methodological decision based on – (1) the quantity of the substance to be manufactured, (2) the chemical quantity upon emission to the environment, (3) population count in terms of occupational exposure and the exposure duration, (4) degree of non-occupational exposure, (5) similar features of the chemical to other substances known to pose unreasonable risk, (6) availability of data regarding the subsequent effects of the chemical to human health and environment, (7) the adequacy or amount of testing information, and (8) how sufficient in number are the personnel and facilities to conduct the required tests. Title I of the TSCA further includes provisions on pre-manufacture screening and regulatory tracking of new chemical products as preventive measure against future threats, regulatory controls for hazardous chemicals, information gathering and dissemination of knowledge with respect to chemical production, use, and any probable imminent hazards on human and environmental well-beings. Related laws by other federal agencies, enforcement and judicial evaluation, confidential terms with proprietary holders concerning chemicals in commerce, substance categories, and state pre-emption additionally consist in the Title I provisions. The increasing public notice regarding the hazards encountered with the use of asbestos enabled the Congress to respond to the issue with the formulation of TSCA’s Title II which requires asbestos contractors and analytical laboratories to be certified, and for academic institutions to use certified personnel deployed to work with the material. Training and accreditation requirements apply as well to inspectors, contractors, and workers performing asbestos abatement work in all public and commercial buildings and to enforce such requirements, TSCA gives EPA the necessary authority to take immediate and corrective action in schools in case school officials neglect the duty to designate children under protection. When radon programs were necessitated by the states that opted to support radon control and monitoring, Title III of the TSCA initiated with the main objective of providing them the financial and technical assistance in developing model construction standards and techniques for controlling radon levels within new buildings of these states. Moreover, among the major requirements imposed by the TSCA upon EPA are to establish an information clearinghouse, publish information materials and establish a national database for detected radon levels, submit financial and technical assistance schemes to Congress for broader support along with operation of cooperative projects among states, and conduct research aimed at developing, testing, and evaluating radon measurement methods and protocols including methods for the purpose of radon mitigation and those that are proven safe for use among child care facilities beyond residences. EPA is equivalently required to conduct a study in determining the extent of radon contamination in schools and identifying which U.S. regions possess high probability of exposure to indoor radon. On the other hand, Title IV was created upon the enactment of the Residential Lead-Based Paint Hazard Reduction Act of 1992 with the primary aim to expedite regulatory endeavor in lowering risks of exposure to lead-based paints among children at home. This made TSCA to have Title IV direct EPA to promulgate definitions of lead-contaminated dust, soil, and lead-based paint hazards, to ensure that people engaged in detection and control of lead hazards are properly trained and that contractors are certified, and to publish requirements for the accreditation of training programs for workers. Similarly, EPA is also tasked to develop criteria to evaluate the effectiveness of commercial products used to detect or reduce risks associated with lead-based paints, to establish protocols and criteria on performance standards for laboratory analysis of lead in paint films, soil, and dust, then correspondingly, to come up with a program that certifies laboratories being qualified to test substances for lead content and thereafter, publish and distribute a list of certified or accredited environmental sampling laboratories for public awareness. The Energy Independence and Security Act of 2007 in addition, made possible for Title V of the TSCA to authorize EPA in putting up state grant programs meant to be implemented within state schools where programs are sought to cover standards for school building design, construction, renovation, and to figure any prevailing environmental problems with school building and appropriate remedies thereof. Under Title V, the EPA administrator, in consultation with the Secretary of Education and the Secretary of Health and Human Services must issue a set of voluntary guidelines that take into account ‘the special vulnerability of children to hazardous substances or pollution exposures in any case in which the potential for contamination at a potential school site exists’. Such guidelines should also pay regard to modes of transportation available to students and staff, efficient use of energy, and the conduciveness of school as a shelter in facilitating students in times of emergency. Shortcomings / Current Status of TSCA Despite the requirements and collective efforts of the law-making bodies and authorized promulgators through EPA, the scope of TSCA has been observed to exhibit limited capabilities that run counter either to the demands or resources of the time being. TSCA is widely known to have fallen short of operating with unenhanced tools that poorly meet modern regulatory needs. As such, upon recognition that fundamental changes must be made to certain programs housed within EPA, administrator Lisa Jackson claimed that the job of assessing and managing the risks of chemicals in consumer products, the workplace, and the environment has been inadequate, arguing “it is now time to revise and strengthen EPA’s chemicals management and risk assessment programs. Another criticism presented by Lowell Center for Sustainable Production in the University of Massachusetts declares high burdens for agency action wherein review of new chemicals are observed to acquire considerable focus which is not quite proportional to the investment given towards the existing chemicals. Lack of data on commercial substances and the tedious management of chemical-by-chemical approach are also factors perceived to contribute to TSCA’s deficiencies. According to John Guth, J.D., Ph.D. of Science and Environmental Health Network: “There is a growing recognition that many of the chemicals in commerce, and not just a few, are likely to constitute some type of hazard. On this view, the structure of TSCA contains two general overriding flaws. One is that the statute makes too little information available to the government, users of chemicals and consumers about the hazardous properties of chemicals. These data gaps make it impossible for the government to fully enforce the other environmental laws and for users of chemicals and consumers to choose safer chemicals and products. The second flaw in TSCA is that it places too high a legal burden on the government before it can regulate chemicals.” In the similar fashion, according to the testimony rendered by the U.S. Government Accountability Office (GAO) before the Committee on Environment and Public Works, EPA in reality does not routinely assess the risks of the over 83,000 chemicals already in use and holds insufficient scientific information regarding the toxic properties of several chemicals. Furthermore, TSCA is found to miss requiring chemical companies to test for toxicity the approximately 700 new chemicals introduced into commerce on a yearly basis whereas it normally takes years for the acquisition of test data which the EPA is assigned to comply with certain standard steps for. Recommendations to Improve TSCA Based on its pronounced areas of weakness, TSCA must have certain strategies improvised when it comes to collating data on chemical properties. In this regard, an option of requiring an ad-hoc staff or extended division to EPA may be considered to assume the sole job of locating reliable sources, whether primary or secondary, of adequate scientific information on chemical toxicities. Such course toward resolution ought to be given provision that mandates chemical manufacturers to cooperate on divulging a bulk of necessary information except the ones that have been legitimately agreed to remain confidential within the company. This way, EPA would be relieved of painstaking routine that allows it to allocate time, energy, and resources with a sense of balance, thereby performing with a greater level of efficiency on other directions set by TSCA. Reformations with TSCA must constitute reassessment of schematic methods, directions, and device used to determine if the overall means employed are still up-to-date not only with the trend of production or processes involved in manufacturing chemically synthesized end-materials but also with the technology which should be appropriate in carrying out high-risk test modes or most sensitive analyses. Besides financial aid and assistance in restructuring statutes of TSCA concerning such reform, EPA administration might as well propose for the state to impose significant fines or charges to encourage conscientious participation and strict compliance among commercial establishments which originally prefer non-disclosure of chemical specifications especially those which turn out to bear potential hazards as finished products. References Crs (Content Source); Sidney Draggan, Peter Saundry (Topic Editor) “Toxic Substances Control Act, United States.” In: Encyclopedia of Earth. Eds. Cutler J. Cleveland (Washington, D.C.: Environmental Information Coalition, National Council for Science and the Environment). Retrieved from http://www.eoearth.org/article/Toxic_Substances_Control_Act_United_States on 15 July 2011. Environmental Working Group. “House Hearing to Examine the Case for TSCA Reform.” Retrieved from http://www.ewg.org/release/house-hearing-examine-case-tsca-reform on 17 July 2011. Gilbert, S., Williams, M. “Toxic Substances Control Act (TSCA).” Retrieved from http://toxipedia.org/display/toxipedia/Toxic+Substances+Control+Act+%28TSCA%29 on 16 July 2011. Read More