{"id":10105,"date":"2021-03-30T11:20:29","date_gmt":"2021-03-30T16:20:29","guid":{"rendered":"http:\/\/blogs.edf.org\/health\/?p=10105"},"modified":"2021-04-02T15:27:50","modified_gmt":"2021-04-02T20:27:50","slug":"re-visioning-tsca-comprehensively-assess-and-mitigate-chemicals-risks","status":"publish","type":"post","link":"https:\/\/blogs.edf.org\/health\/2021\/03\/30\/re-visioning-tsca-comprehensively-assess-and-mitigate-chemicals-risks\/","title":{"rendered":"Re-visioning TSCA: Comprehensively assess & mitigate chemical risks"},"content":{"rendered":"

Richard Denison, Ph.D.<\/a>,\u00a0is a Lead Senior Scientist.<\/em><\/strong><\/p>\n

Part 2 of a 4-part series <\/em>\u2013 <\/em>see Part 1<\/a>, Part 3<\/a>, and Part 4<\/a> here<\/em><\/strong><\/p>\n

After our look back in Part 1<\/a> of this series at the damage done over the past four years, the remainder of the series will look ahead and explore opportunities to advance a more robust and holistic vision for implementing the Toxic Substances Control Act (TSCA) as reformed in 2016.<\/p>\n

In this installment, we will discuss why legal and effective TSCA implementation demands that EPA undertake comprehensive assessments of chemical risks that supersede the media-specific limitations of other environmental laws. <\/p>\n

Conditions of use<\/em><\/p>\n

TSCA is the\u00a0<\/strong>only\u00a0<\/strong>federal statute that provides overarching mandates and authorities to comprehensively assess and mitigate chemical risks across all stages of a chemical\u2019s lifecycle, in all media, and to all exposed groups.<\/strong><\/em><\/p><\/blockquote>\n

Under TSCA, risks of chemicals are to be both evaluated and managed with respect to their \u201cconditions of use.\u201d\u00a0 That term is defined in TSCA to mean \u201cthe circumstances, as determined by the Administrator, under which a chemical substance is intended, known, or reasonably foreseen<\/em> to be manufactured, processed, distributed in commerce, used, or disposed of<\/em>.\u201d<\/p>\n

This expansive definition means that EPA must include exposures from activities that span the entire lifecycle of a chemical in evaluating and managing its risks.\u00a0 EPA must also examine how such activities extend beyond those intended by the chemical\u2019s manufacturers, processors, and users to encompass ways the chemical is known or can be reasonably anticipated to be handled.\u00a0 In determining whether a chemical presents unreasonable risk and how to manage that risk, TSCA requires EPA to consider exposures from these activities in combination<\/em>, not just individually, and to make determinations of risk across all conditions of use of a chemical.<\/p>\n

Each chemical activity EPA must evaluate and has authority to regulate can entail releases of and exposures to a chemical through multiple routes and pathways.\u00a0 Chemicals may be released from industrial facilities making or processing them and contaminate air, water, land, or waste.\u00a0 They may be present in workplaces and lead to worker exposures.\u00a0 Distribution of chemicals \u2013 including storage, transfer and transport \u2013 can lead to incidental or accidental releases<\/a>.\u00a0 Chemicals used or present as impurities in products can expose consumers or workers when the products are made, used or disposed of.\u00a0 Through TSCA\u2019s mandate that EPA consider all \u201cconditions of use\u201d of a chemical, Congress directed the agency to account for all of these exposures when identifying and addressing a chemical\u2019s risks.<\/p>\n

Best available science<\/em><\/p>\n

Holistically evaluating chemical risks is perfectly aligned with the best available science, which TSCA charges EPA to follow.\u00a0 We know that people and the environment are exposed to chemicals from multiple sources and through multiple pathways, and that one\u2019s overall risk derives from the sum total of that exposure.\u00a0 A person may be exposed to a chemical at work, through products in the home, and by breathing air or drinking water that has been contaminated with the chemical by releases from industrial sites \u2013 the latter exposures being far more likely for people living near such sources of release or contamination, which are often communities of color or low wealth.<\/p>\n

The expansive nature of the authorities TSCA provides EPA to use in mitigating identified risks reinforces the law\u2019s broad reach.\u00a0 EPA can prohibit, limit the amount of, or otherwise restrict a chemical\u2019s manufacture, processing or distribution for all or specific uses; and it can prohibit or restrict particular uses or methods of disposal of a chemical or a product containing a chemical.\u00a0 These authorities extend to all environmental media as well as to workplaces and industrial, commercial and consumer products.<\/p>\n

TSCA in relation to other federal laws<\/em><\/p>\n

Given this expansive reach, it is notable (if not surprising) that TSCA explicitly addresses its relationship to other federal laws that may provide EPA or other agencies with authority that could potentially address some of these types of risks.\u00a0 Once EPA has identified risk under TSCA that must be addressed, the law provides for EPA to consider whether aspects of that risk might best be addressed by another agency (e.g., the Occupational Safety and Health Administration) or another office within EPA pursuant to another federal law (e.g., the Clean Air Act).\u00a0 If EPA determines that an aspect of the risk could be so mitigated, specific procedures are to be followed to ensure that such risk is fully mitigated using the other authority.<\/p>\n

Critically, under TSCA EPA must first fully assess all<\/em> exposures to a chemical in order to understand the risks it poses, before deciding how best to mitigate the risks it has identified.\u00a0\u00a0 Any consideration of using other statutory authorities is to follow<\/em> the comprehensive evaluation of risk required under TSCA.\u00a0 And even if EPA opts to use other laws to address some exposures, TSCA still requires that all steps needed to fully mitigate all of the risks EPA identified under TSCA are taken.\u00a0 If, for example, EPA decides to use its authority under the Clean Water Act (CWA) instead of TSCA to restrict a chemical\u2019s release to surface water, EPA must ensure the action taken protects groups that are at highest risk even if that is not required under CWA.<\/p>\n

In contrast to TSCA, other laws provide much more limited means and authorities for EPA or other agencies to address chemical risks.\u00a0 Among other limitations, each such law only authorizes EPA to restrict a chemical\u2019s release to a specific environmental medium (e.g., releases to air) or setting (e.g., releases in workplaces).\u00a0 TSCA is the only <\/em>federal statute that provides overarching mandates and authorities to comprehensively assess and mitigate chemical risks across all stages of a chemical\u2019s lifecycle, in all media, and to all exposed groups.<\/p>\n

The Trump EPA thwarted this approach at every turn, diluting and breaking apart TSCA\u2019s broad mandate in myriad ways.\u00a0 Among other failings, its risk evaluations ignored or downplayed:<\/p>\n