169 



and industrial buildings, that are coated on their exterior with hazardous paint con- 

 taining lead. The number of residential structures far exceeds these levels. The 

 study found that a preventive approach is needed to reduce the problems that could 

 result from the uncontrolled removal of hazardous paint from these structures. The 

 study includes examples of actual cases that clearly show how the uncontrolled re- 

 moval of hazardous paint from the exterior surfaces of building and structures has 

 resulted in airborne emissions and deposition of high levels of lead onto soils and 

 other outdoor surfaces of neighboring properties. After more reflection, it has oc- 

 curred to us that this seemingly ubiquitous problem may be ripe for regulation 

 under TSCA. I have attached a brief discussion paper which presents more analysis 

 along these lines. 



The final issue I want to address is pollution prevention. There is a natural nexus 

 here in that TSCA is designed to address the entire life cycle of chemical substances 

 in commerce. For that matter, some companies have been showing leadership in this 

 regard under the general banner of product stewardship. Two approaches could be 

 built into TSCA with sviitable triggers to activate their applicability. First, a pro- 

 gressive company should be given an opportunity to opt into a P2 leadership pro- 

 gram that would involve binding commitments to achieve defined performance ex- 

 pectations. In return, companies could be granted certain flexibility in deter-mining 

 their environmental goals and improvement plans. Secondly, the USEPA should be 

 given the authority to mandate certain P2 planning and preventive actions on a fa- 

 cility-specific basis if circumstances are appropriate. This approach would represent 

 a sort of failsafe mechanism to get the attention of less progressive companies or 

 to keep significant opportunities for making P2 progress from being lost. 



CONCLUSION 



I hope that this testimony clearly shows just how involved states are with toxic 

 chemicals. Since 1976 and the passage of TSCA, our regulation of specific chemical 

 substances has continued to grow in the air, water, drinking water and waste man- 

 agement programs. It just makes good sense to forge a productive role for the states 

 under TSCA and to help the states better manage toxic chemical risks. 



[NOTE: Attachments to this statement, with the exception of the following list of 

 chemicals, have been retained in committee files.] 



