Steven Owens, Administrator at the EPA Office of Chemical Safety and Pollution Prevention, responsible for implementing the Toxic Substances Control Act says TSCA is:
"... a kind of blob out there."
[quote from a conference call with the American Bar Association Sept. 16, 2010, reported in Toxics Regulation News Sept. 29, 2010. He was contrasting it with the pesticides programs at EPA and FDA where "There is a lot of back and forth between the agency and companies. It's well-funded, highly technical and there are deadlines and accountability."]
No wonder TSCA is in such sad shape. The agency administrators don't know how to use the authorities they already have. Except maybe the new chemicals program that works pretty darn well thanks to the work of Blake Biles and the other members of the first EPA staff implementing TSCA back in the late '70's (including me); although you don't hear Owens being very supportive of the PMN program either.
It would appear that he doesn't know TSCA. So he's waiting for Congress to tell him exactly what to do in new legislation. Presumably in exquisite detail because rulemaking is such a pain.
And those action plans...well maybe not if Congress revamps TSCA. I say again, there's plenty of authority in today's TSCA and if EPA would get a plan in place and do it.