17 



In continuing our work for your subcommittee, we will be looking 

 at ways to make TSCA a more effective statute. In this regard, we 

 will be considering three broad issues: 



First, would it be desirable to set a clear goal for TSCA and ex- 

 pectations for what the EPA is to accomplish under the law? The 

 key to this would be clarifying whether TSCA is to be used as a 

 stopgap or the burden should be shifted to manufacturers to assess 

 and demonstrate chemical safety. 



Second, should the threshold for taking regulatory action under 

 TSCA be modified. Here, approaches used by other industrial coun- 

 tries could be looked to as models. 



Finally, given the sheer number of chemicals in commerce, 

 should TSCA encourage government and industry to focus their re- 

 sources on those chemicals that, based on their toxicity, production 

 volumes, and potential exposure, present the highest risk to human 

 health and the environment? 



Mr. Chairman, that completes my statement. I would be pleased 

 to answer any questions that you may have. 



Senator Reid. We will have some questions for you, but we'll 

 hear from Dr. Silbergeld first, and then Dr. Muir. 



Dr. Silbergeld? 



STATEME^fT OF ELLEN SILBERGELD, SENIOR TOXICOLOGIST, 

 ENVIRONMENTAL DEFENSE FUND; ACCOMPANIED BY 

 KAREN FLORINI, SENIOR ATTORNEY 



Dr. Silbergeld. Thank you very much, Senator. It is a pleasure 

 indeed to offer testimony on your invitation concerning the reau- 

 thorization of the Toxic Substances Control Act. 



I'm Ellen Silbergeld, a toxicologist with the toxics program of the 

 Environmental Defense Fund, and accompanying me today is 

 Karen Florini, a senior attorney in that program, who is also avail- 

 able to answer your questions should they be directed in those 

 areas. 



As you know, since 1976 EDF has been deeply involved in over- 

 sight and implementation of various provisions of TSCA, and, in 

 fact, it was a number of suits by EDF that finally elicited rules con- 

 trolling the use, production and disposal of PCBs. More recently, 

 EDF petitioned the EPA under section 21 of TSCA to promulgate 

 rules controlling the distribution and release of dioxins and related 

 compounds into the environment — the first attempt, I might note, 

 to use the powers of TSCA in an arena more broad than a chemical 

 specific approach. 



EDF has also currently petitioned the EPA to restrict lead fish- 

 ing sinkers in order to protect waterfowl which can be damaged by 

 ingesting these sinkers and die. 



I think it is sad to note at the outset that except for PCBs, whose 

 controls were mandated specifically under TSCA, the EPA has 

 never used its powers under section 6 on its own initiative in order 

 to address major risks. It has taken public pressure, litigation and 

 congressional action — indeed your own legislation dealing with the 

 hazards of lead in the environment addresses the inability of the 

 agency to identify and use its TSCA powers. 



As you noted, and as Dr. Groldman noted in her statement, since 

 TSCA's enactment, our society has become increasingly sophisti- 



