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tain more information on chemicals' effects and to control those that present an un- 

 reasonable risk. 



At the request of this subcommittee, we are reviewing EPA's efforts to (1) assess 

 the ri^sks of chemicals before and after they enter commerce, (2) control those found 

 to be harmful, and (3) make information on chemicals publicly available. Our testi- 

 mony today, which is based on the preliminary results of this review, will focus on 

 EPA's problems in implementing TSCA. We would also like to highlight some dif- 

 ferences between TSCA and the chemical control laws of three other countries that 

 we visited: Canada, Germany, and Sweden. We will issue a report on the final re- 

 sults of our review within the next few months. That report will discuss these prob- 

 lems in more detail and present options for revising TSCA to improve its effective- 

 ness. 



In summary, our work to date shows that: 



• EPA has issued regulations under TSCA to control only nine chemicals dur- 

 ing the 17 years since the act was passed. This is primarily because TSCA's 

 legal standards for taking regvilatory action are so high that EPA has been dis- 

 couraged from attempting to regulate chemicals and has given implementation 

 of the act low priority. Extensive use of TSCA is not likely as long as EPA inter- 

 prets the act as giving preference to dealing with chemical risks under other 

 environmental and health laws. These laws generally provide for limits on emis- 

 sions and exposures rather than restrictions on chemical production, distribu- 

 tion, and use, as provided for under TSCA. 



• TSCA's chemical information-gathering and control authorities appear com- 

 prehensive, but they are difficult to use and are ineffective. Consequently, EPA 

 has assessed the risks of only about 2 percent of the chemicals in use. Further- 

 more, EPA's review process does not ensure that the potential risks of new 

 chemicals are fully assessed before they enter commerce. 



• Because of its limited resources, EPA may not be able to substantially im- 

 prove its performance in reviewing the thousands of chemicals in use and con- 

 trolling those found to be harmful without shifting more of the burden to the 

 chemical industry. This includes compiling data on chemiced effects and expo- 

 sures and proving that chemicals are safe. 



• While the information collected under TSCA can be helpful to others, such 

 as State health and environmental officials, much of it cannot be disseminated 

 because industry claims that it is confidential to protect trade secrets. EPA has 

 successfully challenged the validity of some of these claims, but does not have 

 the resources to challenge a significant portion. Any changes in TSCA's con- 

 fidential business information provisions would need to balance industry's needs 

 to protect trade secrets and others' needs for information on chemical risks. 



Before elaborating on these points, we would first like to provide some back- 

 ground on TSCA. 



BACKGROUND 



TSCA authorizes EPA to review the risks of both new and existing chemicals. 

 New chemicals are generally those that have not entered commerce. Once they enter 

 commerce, they are classified as existing chemicals. Chemicals that were already in 

 commerce when EPA's new chemicals review program began in 1979 are considered 

 existing chemicals. 



To assess risks, EPA examines both a chemical's toxic effects and the amount of 

 human and environmental exposure to the substance. If EPA finds that a chemical's 

 risks are unreasonable, it can prohibit or limit the chemical's production, distribu- 

 tion in commerce, use, and disposal or take other actions, such as requiring warning 

 labels. 



TSCA requires the chemical industry to give EPA a 90-day notice of its intent to 

 manufacture or import a new chemical. This notice is to contain information EPA 

 needs to review the chemical, such as its molecular structure, proposed uses, esti- 

 mated production or import amounts, estimated exposvu-e, and available test data. 

 TSCA also authorizes EPA to require manufacturers and processors to test chemi- 

 cals already in commerce or provide other data, such as their production volumes. 

 In addition, manufacturers, processors, and distributors are required to report to 



