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Statement of Ron Condray, on Behalf of the Chemical Manufacturers 



Assoc L\T10N 



The Chemical Manufacturers Association ("CMA") appreciates the opportunity to 

 submit this written statement on the Toxic Substances Control Act (TSCA). CMA 

 is a nonprofit trade association whose member companies represent more than 90 

 percent of the productive capacity for basic industrial chemicals in the United 

 States. 



When TSCA was enacted in 1976, the Congress gave EPA a framework for chemi- 

 cal regulation that was unique in many ways. First, unlike other environmental 

 statutes, TSCA provides a multi-media approach to chemical risk management It 

 also has primary focus on products and their role in society and commerce, wherein 

 many of the other environmental statutes focus on controlling wastes. TSCA gives 

 the Agency the authority to regulate chemicals to prevent or limit exposure from 

 any and all pathways and through a variety of means. 



Secondly, TSCA was designed to protect society from "unreasonable risks" posed 

 from chemicals. Prior to regulating, EPA is to evaluate the risks of a chemical as 

 well as the societal benefits derived fi-om it. EPA is also to evaluate the costs of var- 

 ious regulatory options, and choose the course of action that is the least costly, yet 

 mitigates the unreasonable risks. 



Thirdly, TSCA was the first environmental statute with a "pollution prevention" 

 approach. By giving EPA the power to test or control chemical substances before 

 they enter commerce and to evaluate the inherent risks posed fix)m substitute prod- 

 ucts, TSCA encourages industry to develop and use safer substances. 



TSCA is unique in that it gives the EPA broad testing and information gathering 

 authorities that extend to both new and existing chemicals. With its authority over 

 both new and existing chemicals, TSCA contains a continuous review process that 

 ensures the submission of important information on chemical substances beginning 

 with research and development and extending throughout their commercitd life. 

 This occurs through the PMN program under Section 5, the testing authorities 

 under Section 4, and the information gathering authorities under Section 8. 



Moreover, at any time the Agency identifies potential risks of concern, the original 

 drafters of TSCA provided a mechanism for EPA to ban or phase-down existing uses 

 of the chemical, to prevent significant use of the chemical, or otherwise protect the 

 public fi*om unnecessary or unwanted exposure. 



Together these tenants of TSCA — ^its multi-media approach, its focus on prevent- 

 ing unreasonable risks, and its approach to pollution prevention — provide a sound 

 framework for environmental policy that is fi*equently reflected in more recently en- 

 acted environmental laws. We recommend that the Congress continue this policy 

 framework as it begins the reauthorization process. 



THE WORLD HAS CHANGED 



Almost 20 years have passed since TSCA was enacted. While the statutory lan- 

 guage of TSCA hasn't changed during that time, the world of chemical regulation 

 and management has changed considerably. 



A number of Federal laws were enacted or substantially amended after 1976. 

 Each of these has affected the way the chemical industry researches and develops 

 new products; manages facilities; handles waste; and interacts with the public, con- 

 sumers, workers, and local communities. These laws complement TSCA by exten- 

 sively regulating chemicals by their focus on risk, exposure, pollution prevention, 

 and pollution abatement and control. These laws include: 



Pollution Prevention Act 



Comprehensive Environmental Response, Compensation, and Liability Act 



(Superfund) 

 Emergency Planning and Community Right-to-Know Act 

 Clean Air Act Safe Drinking Water Act 

 Clean Water Act Consumer Product Safety Act 

 Federal Hazardous Substances Act 

 Resource Conservation and Recovery Act 

 Federal Insecticide, Fungicide, and Rodenticide Act 



