82 



complex findings than even required to control a chemical — namely, that the chemi- 

 cal is likely to pose enough of a risk to warrant testing, but not enough of a risk 

 to warrant control — and then to do so separately for each effect requiring testing. 

 The result is a process where it often takes longer and costs the taxpayers more 

 to go through the rule making process to require companies to test, than it would 

 if the government just paid for the testing directly. 



CONCLUSIONS 



Simply put, despite its promise in 1976 and despite the valiant efforts of a capable 

 and dedicated staff at EPA, TSCA has failed to address the extremely important en- 

 vironmental problems of toxic chemicals in commerce and requires a complete over- 

 haul. The principal reason for this failure is the presumption that EPA can be omni- 

 scient and omnipotent with respect to the millions of risks posed every day in local 

 settings by the 70,000+ chemicals being used throughout our economy. It is an im- 

 possible task. The problems are too dispersed and dynamic for a government-centric 

 approach. 



Instead, we as a nation should decide, and clearly state, the principles that should 

 guide chemical production and use, adopt these as general duties of chemical pro- 

 ducers and consumers, and develop public information to track progress toward 

 these goals. Increasingly, it should be the primary responsibility of chemical produc- 

 ers and users, not EPA, to assess the risks of different uses and to assure that the 

 ones chosen are reasonable. If this is done, EPA can devote its energies to providing 

 the information needed to drive this system and to enforcing general duties on those 

 firms ignoring their responsibilities of product stewardship. 



Strawman Use Categories Under TSCA 



(A) Closed (B) Con- (C) Disper- (D) Direct 

 System trolled Use sive Use Exposure 



1. Research Chemical 



2. Raw Material 



3. Reagent 



4. Product Ingredient 



5. Essential Processing Agent 



6. Nonspecific Processing Agent 



7. Waste by-product 



8. Fuel 



9. Indoor Consumer Use 



10. Outdoor Consumer Use 



11. Other 



