For and against reforming the Toxic Substances Control Act (TSCA) - Article Example

The Toxic Substances Control Act (TSCA) The Toxic Substances Control Act (TSCA) Introduction The Toxic Substance Control Act (TSCA)is an American law that was established in 1976 by the United States Congress. The Acts aim is to allow Environmental Protection Agency (EPA) regulate and monitor before they are allowed into the American Market. The Act ensures the public is protected from chemicals that pose risks or reasonable danger to human health or even to the environment. The TSCA develops frameworks and policies that can be used by EPA.

Since the passing of the act, very minimal reforms have been made to the act. Over the past years, there has been mixed reaction from the public concerning reforms for the act. The TSCA provisions do not apply the same to new and existing chemicals. According to TSCA, any new chemical substances are any chemical that is not part of the chemical substance list collected and published under TSCA section 8(b). This list is referred to as the “TSCA Inventory”. The TSCA act has had a great impact in ensuring protection of the American citizen and the environment.

EPA has had successes compiling data on chemical toxicity, market use, and exposure under TSCA’s section 4 which allows EPA to do testing and information provisions. However, these results have been limited because very few test policies and rules have been enacted by the TSCA. Through the new chemicals program set by TSCA has proven to be a successful example of a precautionary review policy. These provisions apply at the pre-manufacture level of manufacturing before the product is let out to the public.

This provision sets disciplinary reviews to assess risks associated with new chemicals. This ensures that there is protection against potentially harmful chemicals. Due to its high disciplinary measures, this has scared investors who are venturing into new and advance technology in chemical industry. The regulations have high legal threshold which is almost impossible to meet. According to (Stephenson, 2011) TSCA allows EPA to give regulations on production and use of existing and new chemicals, EPA must meet high legal threshold which has been a major challenge.

The TSCA program for existing chemicals has ensured that the EPA is able to monitor its inventory and also analyze manufacturing and consumption by the public. On the other hand it has been viewed by many to be a failure. The existing chemicals have pose a challenge on EPA to prove that chemicals already approved will not present risk and that the benefits of regulation overpass the costs. Lack of assurance favors the keeping of these chemicals on the market. EPA limitation on power to regulate existing chemicals provides a hindrance to bringing safer chemicals to market.

While chemical manufacturers invest important resources to study and test their products, Americans also need to feel confident that the regulatory system is working to protect them and their families and the environment. The TSCA has been able to guarantee this protection. Unfortunately, confidence in TSCA and its operations has been compromised. This has put pressure on states legislatures to develop their own chemicals regulation laws. It is reported that some retailers have had to pull some products from the shelves.

Most of these retailers did this often based on the claims of activists rather than scientific facts and conclusions. ReferencesStephenson, J. (2011). Chemical Regulation: Observations on Improving the ToxicSubstances Control Act: Congressional Testimony. Collingdale, PA: DIANE Publishing.