Congress Considers Overhauling Toxics Law

A bill being considered in the U.S. House of Representatives may radically alter the way the U.S. Environmental Protection Agency (EPA) regulates chemicals. Representatives Bobby Rush and Henry Waxman have introduced the Toxic Substances Control Act of 2010, which would require manufacturers to prove chemicals’ safety before introducing them to market—an enormous change from current practice in which chemicals are generally presumed safe.

The bill would update the Toxic Substances Control Act (TSCA) of 1976, which gives EPA regulatory authority over pesticides, herbicides, and other toxic chemicals. Under TSCA, manufacturers must notify EPA when they produce new chemicals or use older chemicals in new applications. If a manufacturer or EPA determines a given chemical is a risk to human health, regulatory action can be taken—but only after the chemical is already in use. “The current TSCA legislation has proven to be woefully inadequate to the task of testing and regulating the 80,000 plus chemicals in use today,” said Tom Lent, policy director for the Healthy Building Network.