What is TSCA?

TSCA (toss-ka) stands for the Toxic Substances Control Act. Passed in 1976 under President Gerald Ford, it is our nation’s main law aimed at regulating chemicals used in every day products. The Safer Chemicals, Healthy Families coalition is calling for an overhaul of TSCA based on the law’s inability to protect the American public from exposure to harmful chemicals. By updating TSCA, Congress can create the foundation for a sound and comprehensive chemicals policy that protects public health and the environment, while restoring the luster of safety to U.S. goods in the world market.

Why TSCA is flawed

Americans assume that chemicals used to make products like toys and food containers sold in the U.S. are regulated and tested for safety — but they are not.
When passed into law, TSCA approved more than 60,000 chemicals that were in existence prior to 1976; only 200 of the original 60,000 chemicals have been tested for safety.
Today there are more than 80,000 chemicals on the market, which have never been fully assessed for toxic impacts on human health and the environment.
TSCA allows chemical manufacturers to keep the ingredients in some chemicals secret — nearly 20 percent of the 80,000 chemicals are secret, according to EPA.
TSCA makes it difficult for consumers and businesses to find the information they need to identify which chemicals are safe and unsafe.
The Environmental Protection Agency (EPA) tried to use TSCA to restrict asbestos 18 years ago and failed. It hasn’t tried since.
Instead of requiring chemical manufacturers to demonstrate that their products are safe before they go into use, the law says the government has to prove actual harm in order to control or replace a dangerous chemical.
TSCA perpetuates the chemical industry’s failure to innovate toward safer chemical and product design.

Congress is working to fix TSCA

Legislation to revamp the 34-year old Toxic Substances Control Act (TSCA) has been introduced in Congress. Senator Frank Lautenberg (D-NJ) sponsored the Safe Chemicals Act of 2010 and Representatives Bobby Rush (D-IL) and Henry Waxman (D-CA) have unveiled the Toxic Chemicals Safety Act of 2010. These bills are amazing steps forward to protect public health from toxic chemicals. Both proposals require chemical companies to demonstrate that chemicals are safe before they arrive in the marketplace—a major departure from the status quo. In addition, the legislation would also require chemical manufacturers to provide basic health and safety information for all chemicals as a condition for them remaining on or entering the market.
Senate Action: On April 15, 2010, Senator Frank Lautenberg (D-NJ) introduced the bill in the Senate, S. 3209, called the Safe Chemicals Act of 2010. Our coalition greeted the Safe Chemicals Act with enthusiasm, and is now working closely with the Senate to make sure the final bill reflects the concerns of the health care providers, scientists, advocates for the learning and developmentally disabled, and all the millions of individuals we represent. Read Senator Lautenberg’s press release on S. 3209.
House Action: Representative Bobby Rush (D-IL) and Representative Henry Waxman (D-CA) introduced a bill called the Toxic Chemicals Safety Act of 2010. The House bill, H.R. 5820, while fairly similar to the Senate proposal, offers stronger protections for public health and the coalition strongly supports this language. Most notably, the House bill requires the EPA to take immediate action to identify and restrict the "worst of the worst" toxic chemicals that build up in our food chain and our bodies. In addition, it requires new chemicals to be proven safe before entering consumer products and our homes. Read Representative Rush's press release on H.R. 5820.
EPA administrator Lisa Jackson has stated on several occasions that updating TSCA is a priority for the Obama Administration, and unveiled new principles for reform that closely mirror the recommendations of the Safer Chemicals, Healthy Families coalition.