EPA Whines About TSCA…Again

EPA continues to whine about its inability to use TSCA to manage risks presented by chemicals.  In an April 22, 2013,  article in Bloomberg BNA, Jeff Morris, Director of OPPT, cited the asbestos 1991 Corrosion Proof Fittings v EPA court case loss as showing EPA can't do anything without more exposure data.

"The conundrum of having identified chemicals that may pose a risk coupled with the inability to require manufacturers to provide data needed to determine whether the compounds actually pose a health or environmental risk “points out a gap in our information database about chemicals” and a challenge posed by the limited authorities the agency has under the Toxic Substances Control Act, Morris said."

He siad maybe they can influence new chemicals via the PMN reviews using the assessments they do under the "work plan,"  but existing chemicals management regulation is just sooooo hard to do.

Hello, EPA:  You lost the asbestos case because you had to ban every use without looking at whether there was a less burdensome way to adequately reduce risk on a use by use basis.  Didn't do your homework.  You have tons of authority under TSCA section 8 to require just about any kind of information you need on existing hazard and exposure data.  You can also require companies to generate new data under section 4.  Boo hoo, you have to do notice and comment rulemaking and those pesky companies will argue against spending millions of dollars and might even sue you.  So just do it.  Justify why you need the data and that this is the best way to get it because "the chemical may present an unreasonable risk" (section 4(a)(1)(A)).  And if new regulation under TSCA section 6 is needed, make the case that the hazard and exposure of specific uses without certain restrictions (which doesn't have to mean banning the manufacture of the chemical for any use) "presents or will present an unreasonable risk."  Pick the least burdensome way to manage the risk, with an explanation of risks, costs and benefits, and why TSCA is the best law to use.

Quit whining.