154 



Increase Dissemination of Information on Chemical Hazards 



Industry claims a large portion of the chemical information that it provides EPA 

 under TSCA as confidential to protect trade secrets. For example, a 1992 study 

 found that more than 90 percent of premanufacture notices for new chemicals con- 

 tained some information claimed as confidential. Consequently, EPA must expend 

 effort to protect the information against unauthorized disclosure and it cannot be 

 shared with the public and others, such as state health and environmental ofEicisds, 

 who are not authorized access to it. The public, for example, may have an interest 

 in information on the risks of chemicals that are produced or used in nearby manu- 

 facturing plants. State oflRcials have various responsibilities related to protecting 

 health and the environment from the dangers posed by toxic chemicals. Confidential 

 TSCA information is not available except through the individual companies that 

 submit it. 



EPA has been successful in getting industry to voluntarily withdraw confidential- 

 ity claims after inquiring about their appropriateness. However, the process is re- 

 source-intensive, and agency officials have challenged the validity of only a small 

 percentage of the claims. Although the officials believe, on the basis of the 1992 

 study and their experience with the data, that the problem with inappropriate 

 claims is extensive, they told us that an increase in their efforts to challenge their 

 validity is unlikely, given limited resources. 



To discourage excessive confidentiality claims, EPA is considering various actions, 

 including educating industry on what information may legitimately be claimed as 

 confidential. EPA is also considering other actions, such as revising its regulations 

 to require industry to substantiate claims, having a senior corporate official sign 

 claims, resubstantiating claims at a later date to ensure that confidentiality contin- 

 ues to be necessary, and imposing penalties for filing false claims. While these, if 

 implemented, should reduce the number of inappropriate confidentiality claims, the 

 Congress could ensure that the actions are completed and are permanent by making 

 them specific requirements of TSCA. 



Another option would be to revise TSCA to limit the types of information that in- 

 dustry can claim as confidential. For example, TSCA could be revised to prohibit 

 manufacturers from claiming as confidential such information as a chemical's trade 

 name, physical chemical properties, health and environmental effects, and safe han- 

 dling and disposal procedures. These types of information would appear to provide 

 the public with data about the potential dangers of chemicals without revealing 

 business information. 



Even with these changes, industry could claim a considerable amount of TSCA in- 

 formation as confidential. Federal employees with health and environmental protec- 

 tion responsibilities can obtain access to this information. On the other hand, state 

 officials, who are delegated major responsibilities for implementing federal environ- 

 mental and occupational health and safety laws, cannot obtain access. The Congress 

 could give EPA the authority to provide access to states that implement satisfactory 

 procedures to protect confidential data against unauthorized disclosure. 



TSCA is not a Comprehensive Toxics Statute 



Given the thousands of chemicals in use and the many ways that exposures and 

 releases to the environment can occur, TSCA's chemical-by-chemical and risk-based 

 approach means that the act is unlikely to address more than the most serious 

 chemical risks — even with the types of changes that we have discussed. Con- 

 sequently, a substantial amount of toxic pollutants will continue to enter the envi- 

 ronment. 



For example, we reported in February 1993 that hundreds of pollutants, including 

 toxic water and air pollutants, have been identified in environmental laws as harm- 

 ful and in need of control, but historically these pollutants have not been well regu- 

 lated by federal and state agencies. ^3 In addition to these agencies lacking the re- 

 sources needed to carry out their regulatory responsibilities, much of the pollution 



^Environmental Protection: Implications of Using Pollution Taxes to Supplement Regaulation 

 (GAO/RCED-93-13, Feb. 17. 1993). 



