149 



of exposure data. Do you agree that this is a problem and, if so, what can we do 

 to remedy this? 



(a) Why isn't section 8 sufficient for EPA to get this type of information from 

 manufacturers and processors? 



(b) Should the statute itself require submission of certain exposure data when 

 a chemical is recommended or listed for testing? 



7. Under section 9 as it has been interpreted, if EPA determines that a chemical 

 presents an unreasonable risk and the risk can be prevented or sufficiently reduced 

 under another law, EPA has to refer the chemical to the agency that administers 

 that other law. The idea seems to have been to avoid unnecessary duplication. But 

 at our last hearing, GAO testified that this "gap filling" aspect of TSCA has been 

 a hindrance to action. Clearly, the law should encourage federal coordination. But 

 what direction should the statute provide so that the roles of EPA, OSHA, and other 

 agencies are clear and we don't have either duplicate regulatory actions or hazards 

 that are ignored and fall into a regulatory black hole? 



(a) Should the statute recognize the ONE Committee or establish similar high 

 level interagency coordinating groups? 



[NOTE: Responses to the above questions were not received by the date of publi- 

 cation, October 31, 1994.] 



Statement of Peter Guerrero, Director, Environmental Protection Issues, 

 General AccouNTttJG Office 



Mr. Chairman and Members of the Subcommittee: We appreciate the opportunity 

 to again participate in the Subcommittee's deliberations on reauthorization of the 

 Toxic Substances Control Act (TSCA). At your May 17, 1994, hearing, we discussed 

 the Environmental protection Agency's (EPA) problems in implementing certain pro- 

 visions of TSCA. 1 We said that TSCA's legal standards for taking regulatory action 

 are so high that EPA has been discouraged from attempting to regulate chemicals 

 and has given implementation of the act a low priority. Furthermore, EPA has in- 

 terpreted the act so that it gives preference to using other health and environmental 

 laws that do not have the fiall range of controls offered by TSCA. Moreover, gaps 

 often exist in the data needed to assess chemicals' risks, and obtaining the needed 

 data places a heavy burden on EPA, given available resources. Industry claims that 

 much of the data that are collected is confidential, limiting the dissemination and 

 usefulness of the data to federal and state organizations with health and safety re- 

 sponsibilities. 



This and our earlier testimony are based on our ongoing work, being performed 

 at the request of this Subcommittee, to review EPA's efforts to assess the risks of 

 chemicals before and aft«r they enter commerce and to control those that are harm- 

 ful. This work includes a comparison of TSCA's provisions with those of chemical 

 control programs implemented in Canada, Germany, and Sweden. As you have re- 

 quested, we will focus today on our preliminary observations on legislative changes 

 to improve EPA's implementation of TSCA. A final report on the details of our re- 

 view and options for revising TSCA will be provided to this Subcommittee when our 

 work is completed in September 1994. 



In summary, although TSCA contains information-gathering and regulatory au- 

 thorities that are essential to an effective chemical control program, EPA has 

 achieved few results under the act. In completing our work for the Subcommittee, 

 we are reviewing a number of options for revising TSCA that could (1) strengthen 

 EPA's ability to regulate harmful chemicals, (2) improve the reliability of EPA's new 

 chemical reviews, (3) accelerate EPA's progress in reviewing existing chemicals, and 

 (4) increase the dissemination of information on chemical hazards. TSCA could also 

 be revised to become a more comprehensive toxics statute by incorporating provi- 

 sions aimed at reducing the overall use of toxic chemicals. 



We would now like to highlight these options. 



1 Toxic Substances Control Act: EPA's Limited Progress in Regulating Toxic Chemicals (GAO/ 

 T-RCED-94-212, May 17, 1994). 



