---layout: posttitle: The U.S. Toxic Substances Control Act TSCAauthor: Joe Schwarczsource: McGill Blogs---HYPERLINK"http://blogs.mcgill.ca/oss/2016/08/27/the-u-s-toxic-substances-control-act-tsca/" The U.S. Toxic Substances Control Act (TSCA)Amidst the cacophony of jingoist, vacuous blather at the RepublicanConvention there were some noteworthy phrases that probably slipped bymost viewers. A number of speakers talked about the need to reign in theactivities of the Environmental Protection Agency, the “EPA.” Thatis something one would expect from Republicans who want as littlegovernment interference in their life as possible. But these are thesame Republicans who voted to update the 1976 Toxic Substances ControlAct that finally was passed in June by Congress with bipartisan approvalafter ten years of debate. This update was very much needed becausesignificant information has been accumulated since 1976 about exposureto chemicals in the environment and their potential effect on health.The old law required companies to register new chemicals that wouldenter commerce with the EPA but there was no requirement to furnish anysafety data, and there was no provision for EPA to tackle the risksassociated with chemicals already on the market at the time. Theassumption was that chemicals are safe unless shown to be otherwise. TheEPA did have the power to ban a chemical, but the burden of proof ofharm was on the agency. Also, the economic downsides had to be factoredin before the use of any chemical was limited. With companiesintroducing about 700 chemicals every year, and the EPA inventorybuilding up to some 85,000 substances, the task of ferreting outdangerous ones is overwhelming. While determining risk when exposure ishigh, such as in an occupational setting, is relatively easy,determining risk to consumers who may be exposed to some chemical intiny amounts over a long period is daunting.But under the new law, EPA has to examine a chemical before it is put onthe market and make a decision about safety. The risk assessment willtake into account how a chemical is used. For example, a fluorinatedcompound may be deemed to be fine for use in airplane fireextinguishers, but not as an oil repellant in pizza boxes. An importantnew feature is that the agency will now have the authority to ask forinformation from producers about studies that have been carried out andcan even ask for further studies. Another new facet is that EPA does nothave to consider the economic implications of declaring a substance tobe toxic. Furthermore, it is going to be much tougher for a company towithhold information claiming trade secrecy.There are also 90 chemicals that have been identified as meritinginvestigation and possible regulation with EPA having to adhere tomandatory deadlines. The new bill has the support of the chemicalindustry because it should reduce consumer angst given that EPA will nowbe charged with examining the safety of chemicals before they go on themarket. But here is the issue. While Republicans in the House voted forthe bill, they also voted to cut the EPA’s funding and staffing for 2017.If EPA is going to carry out its new duties effectively, it willneed more, not less funding. The plan is that some of the shortfall willbe offset by charging companies fees for submitting chemicals for EPA toreview. That may not sit well with Republicans.Joe Schwarcz PhD – Aug 27th/2016