Framework for U.S. Chemical Management Program

Jim Jones Deputy Assistant Administrator

Office of Chemical Safety & Pollution Prevention

Improving EPA’s Chemical Management Program

• “More than 30 years after Congress enacted the Toxic Substances Control Act, it is clear that we are not doing an adequate job of assessing and managing the risks of chemicals in consumer products, the workplace and the environment. It is now time to revise and strengthen EPA’s chemicals management and risk assessment programs.”– EPA Administrator, Lisa Jackson, Jan. 23, 2009

• EPA’s effort includes:– Support for legislative reform

– Enhanced chemical management program, using current authorities, including TSCA ban and phase out provisions, as appropriate.

Challenges in Implementing TSCA

• No mandatory program to determine the safety of existing chemicals.

• Difficult legal and procedural hurdles to limit or ban chemicals

• Significant hurdles to request the generation and submission of health and environmental effects data

• Limited ability to provide public with information on production and risk because of Confidential Business Information claims

• Interpreted to encourage deferral of regulation to other statutes

Essential Principles for Legislative Reform of TSCA

1. Chemicals Should be Reviewed Against Safety Standards that are Based on Sound Science and Reflect Risk-based Criteria Protective of Human Health and the Environment.

2. Manufacturers Should Provide EPA with the Necessary Information to Conclude That New and Existing Chemicals are Safe and Do Not Endanger Public Health or the Environment.

3. Risk Management Decisions Should Take into Account Sensitive Subpopulations, Cost, Availability of Substitutes and Other Relevant Considerations.

Essential Principles for Legislative Reform of TSCA

4. Manufacturers and EPA Should Assess and Act on Priority Chemicals, Both Existing and New, in a Timely Manner.

5. Green Chemistry Should Be Encouraged and Provisions Assuring Transparency and Public Access to Information Should Be Strengthened.

6. EPA Should Be Given a Sustained Source of Funding for Implementation.

Legislative Outlook

• Wide stakeholder agreement on the need for TSCA Reform. Constructive discussions underway.

• April 15, 2010– Sen. Lautenberg introduced the “Safe Chemicals

Act”. – Cong. Rush and Cong. Waxman issued a TSCA

reform discussion draft, likely to be introduced this summer following stakeholder discussions.

Enhanced Chemical Management Program

• EPA’s comprehensive effort includes:– New regulatory risk management actions

– Development of chemical action plans which will target risk management efforts on chemicals of concern.

– Requiring information needed to understand chemical risks.

– Increasing public access to information about chemicals.

Taking Action on Chemicals

• EPA has released action plans on phthalates, PBDEs, perflourinated chemicals, short-chain chlorinated paraffins, and Bisphenol A. – The action plans outline a range of actions for

each chemical including utilizing, for the first time, TSCA authority for a Chemical of

Concern list.

• Will continue to develop and release action plans on priority chemicals.

Increasing Transparency

• EPA is committed to providing the public with greater access to chemical information– July 2009 – Made public the identity of 530 chemicals on

confidential portion of the TSCA Inventory.

– January 2010 – Issued policy to increase public access to information on the potential risks posed by chemicals.

– March 2010 – Announced free web access to the consolidated TSCA Inventory and made it available on Data.Gov.

– May 2010 – Integrated TSCA facility and chemical information into Envirofacts, EPA’s single point of internet access for information on environmental activities.

• Will announce additional efforts in coming months.

Resources

• Essential TSCA Reform Principles– http://www.epa.gov/oppt/existingchemicals/pubs/ p

rinciples.html

• Enhanced Chemical Management Program– http://www.epa.gov/oppt/existingchemicals/pubs/ en

hanchems.html