21 



years ago, before the first passage of this Act, and we are still in 

 the modality of testing it. Something must be done to insure that 

 this statute is used as a primary pollution prevention tool. 



Second, the substantive evidence standard 



Senator Reid. I'm going to have to ask you wrap up your testi- 

 mony. 



Dr. SiLBERGELD. Yes, let me wrap up. 



The procedural barriers and burdens to TSCA's efficiency must 

 be dealt with and its efficacy and efficiency enhanced by stripping 

 unnecessary procedural burdens and evidentiary requirements 

 from the statute. And, as has been noted, a number of judicial deci- 

 sions have contributed to the burdens that this statute currently 

 bears and the enormous process and transaction costs that are in- 

 curred at every step that the agency might take. 



We would conclude by noting that there are arenas of confiden- 

 tial business information and the extension of TSCA authority to 

 biotechnology about which we will submit further commentary for 

 the record. 



Once again, as with the other witnesses, we commend you for 

 conducting these hearings, and we look forward to working with 

 you and your committee on its continued oversight and develop- 

 ment of an improved and effective authority to control toxic chemi- 

 cals. 



Senator Reid. Your statement and that of Mr. Guerrero in their 

 entirety will be made part of the record. 



Dr. Muir? 



STATEMENT OF WARREN MUIR, PRESmENT, HAMPSHIRE 

 RESEARCH, AND SENIOR FELLOW, INFORM 



Dr. MuiR. Thank you, Senator Reid. I've also provided a state- 

 ment and ask that it be entered in the record. I will not read it 

 today but will summarize some of the main points. 



I am a chemist with public health experience and represent here 

 both INFORM and Hampshire Research. I also am an individual 

 who came to the Environmental Protection Agency a year after the 

 proposed asbestos regulation was started in 1977, spent 4 years at 

 the Agency working in part on that, and left the Agency 8 years 

 before the regulation was promulgated and 10 years before it was 

 overturned. 



TSCA has clearly failed. However, it has not failed, in my opin- 

 ion, for lack of will, nor talent, nor resources on the part of the En- 

 vironmental Protection Agency. Indeed, I have known many of the 

 people involved in the program over the years, and I can attest to 

 their talent, energies, and efforts. 



I would also argue that section 9 of TSCA is a small portion of 

 the problem with the Act. My own particular feeling is that the law 

 falls short in two major respects, which I would like to 



Senator Reid. Dr. Muir, if I could interrupt you, though. I think 

 it says a great deal if I could just read a couple of paragraphs from 

 your statement, if I could do that for you. 



'This program has been blessed with the presence of extraor- 

 dinarily talented staff over the years. The TSCA program has been 

 the source of an unusually large proportion of the senior executives 

 across the EPA programs and even other Federal departments. The 



