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By Taylor Schaefer, Writing Project Leader for Save The Water™ | June 21, 2015
When the Toxic Substance Control Act (TSCA) passed in 1976, hopes for safer use of chemicals from manufacturers were set into motion. However, an outdated law combined with already instilled weaknesses has left the Environmental Protection Agency (EPA) unable to fully evaluate health risks or test potentially harmful chemicals. An estimated 80,000 chemicals are available for commercial use in the United States, yet the EPA has restricted fewer than 10. It is clear that potentially harmful substances are able to slip through the broken legislation. However, passing a new law that can please everyone will not be an easy task. A mix of issues from all parties involved creates a severe challenge in reforming the TSCA.
One of the more notable bipartisan proposals is the “Frank R. Lautenberg Chemical Safety for the 21st Century Act.” This legislation would require the EPA to review and approve about 1,000 new chemicals that come on the market each year and prevent industry from hiding information from the public. The bill currently has the support of congressmen from both parties, representing 25 states. However, the recent bills presented by lawmakers such as Tom Udall, David Vitter, John Shimkus, Barbara Boxer and Edward Markey do not come without criticisms. As U.S. News notes, time seems to be the common theme crippling the effectiveness of these bills. The lengthy process of testing chemicals obstructs the adoption of new innovative products, and a lack of clarity prevents the EPA from taking action on chemicals.
While there is mutual acknowledgement by the government, the EPA, and industry to reform the TSCA, the current legislation and the uncertainty about the safety of products creates legal issues for manufacturers, a public health concern for customers, and difficulty in evaluating alternatives. The fact that the new legislation must solve public health concerns while also ensuring industry profitability makes reform a difficult process for all sides.
As for the potentially harmful substances seeping through the cracks of the TSCA, these are often referred to as Contaminants of Emerging Concern (CEC). CEC research from the University of Arizona describes them as new or old substances introduced to the environment that may harm ecosystems as well as human health. Some of these include pharmaceuticals, personal care items, pesticides, and plastics. More recent advances in research and technology will allow Save The Water™ to fill the hole left by the EPA. By performing evaluations of CECs, a greater amount of knowledge on potentially harmful chemicals will be made available to the public. This in turn pressures manufacturers to produce products free of chemicals that threaten human health.
Since CECs are found in many products used daily, there is a continuous release of chemicals into the environment that can accumulate over time. The difficulty of identifying what substances are harmful and which are not is the same challenge disrupting the reformation of the TSCA. A comprehensive understanding of the source of emerging contaminants is necessary to evaluate the extent of harm these substances are causing. Given the extensive number of sources and continuous release of chemicals, determining a strategy of reduction and regulation will prove challenging. Continued, expedited research done by Save The Water™ will provide early warnings of potential threats and a better understanding of harmful exposure.