CURRENT U.S. CHEMICAL LAW
Regulation Falls Short on Protecting Public Health & Our Environment
Imagine if a roller coaster could be built without the engineer proving that the structure was completely safe. And then think about if people started getting injured from that roller coaster, but it continued to operate. Seems unfathomable, yet we readily accept this dynamic when it comes to chemicals. Dangerous chemicals are everywhere - in our household products, our food, our electronics and our air. Because of exposure, millions suffer from cancer, reproductive and respiratory problems, and other illnesses. This is in part because U.S. chemical laws are very limited in protecting public health or our environment.
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Asbestos, cigarette tobacco and cosmetic phthalates were products deemed “safe” when they entered the market. Action was taken only after people developed illness years later.
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Laws favor U.S. Chemical Companies
To prevent or remove a chemical from the market, the EPA (or individuals in court) must demonstrate that the chemical presents severe risk to humans. According to U.S. law, any action the agency takes must be the least “burdensome” action on the industry. Chemical giants like Dow, DuPont and Monsanto spend millions annually on lobbying efforts to fight any legislation that requires them to do additional testing of their products. As a result, the EPA has restricted less than 10 chemicals in the past 25 years.
Limited testing fails to show long-term effects
When a company wants to put a new chemical on the market, they are only required to do limited testing to show they are safe. However, those test periods are usually only a few years. As we know, most dangerous chemicals are more likely to have long-term cumulative health effects rather than acute immediate effects. It is often the case that only after people are becoming ill, are diagnosed with cancer or workers are suing their employers for health damages that we discover they are extremely toxic and hazardous to human and environmental health.
Current U.S. Laws Regulating Chemicals
Click on each title to learn more about the laws and regulations around toxic chemicals in the U.S.
- Toxic Substances Control Act (TSCA) - TSCA is the primary federal statute for regulating industrial chemicals. TSCA sets requirements for testing of chemicals and reporting of data for chemicals once they are in use. Under TSCA, the EPA has set up a new chemicals review process.
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Pollution Prevention Act (PPA) - PPA says that pollution should be prevented or reduced whenever feasible, or recycled in an environmentally safe manner and that pollution that cannot be prevented or recycled should be disposed or treated in an environmentally safe manner whenever feasible. With a few exceptions, PPA applies to Federal Government activities, and does not impose any additional regulatory obligations on the chemical industry.
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Clean Air Act (CAA) - CAA sets goals and standards for the quality and purity of air in the United States.
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Clean Water Act (CWA) - CWA sets goals and standards for U.S. water quality and purity. It has been amended several times, most prominently in 1987 to increase controls on toxic pollutants and in 1990 to more effectively address the hazard of oil spills.
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Occupational Safety and Health Act (OSHA) - The Occupational and Safety Health Act was created to protect worker and workplace safety. Its main aim is to ensure that employers provide their workers with an environment free from dangers to their safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.
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Safe Drinking Water and Toxic Enforcement Act or Proposition 65 - Prop 65 is a California law passed by voter initiative designed to provide public warnings about the risk of exposure to toxic chemicals and to eliminate toxins from drinking water supplies. Proposition 65 has helped make the state a model for other regions seeking to address environmental hazards.
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Emergency Planning and Community Right-to-Know Act (EPCRA) / Toxic Release Inventory (TRI) - TRI is an EPA database containing information about the release of toxic emissions from industrial facilities. It was developed in 1986 as a result of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA).
After TRI was introduced, SVTC was the first U.S. organization to analyze the data and publish a report describing toxic releases coming from electronics manufacturing in Silicon Valley!
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Superfund - Because government has only limited power to restrict chemicals in use, there are thousands of toxic chemical messes in need of clean up. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), better known as Superfund, is the U.S. federal law that provides direction for clean up of hazardous waste releases. Passing of Superfund was an important step in the fight to clean up toxics in our environment, but it is not enough. Challenges still arise when trying to track down liable companies and defining just what it means for a site to be clean.
Learn More...
Despite its clean image, the electronics industry has had a huge impact on the environment in Silicon Valley. Santa Clara County has more Superfund sites than any other county in the United States, with 23 currently on the National Priorities List.
See who has been most impacted in the Silicon Valley:
Click Here.
The European Union is far ahead of the U.S.
The EU has several important initiatives that provide a comprehensive framework for regulating chemicals, including requirements specific to electronics.
RoHS: The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Directive went into effect on July 1, 2006. RoHS limits the use of lead, cadmium, mercury, hexavalent chromium and certain brominated flame retardants in electronics. Click Here to learn more.
REACH: The Registration, Evaluation and Authorization of Chemicals is a proposed European Union regulation that will require comprehensive oversight of chemicals, including testing requirements, for all new and existing chemicals. Learn more about the EU’s chemical and hazardous materials regulation: Click Here.
More Info & Helpful Links
The Chemicals Policy Initiative
in the Lowell Center for Sustainable Production at University of Massachusetts, Lowell provides excellent overviews of U.S. federal, state and local chemical policy.
Clean Production Action does research and analysis concerning chemical use and policy including electronics.
Health Care Without Harm looks at chemical policy, as well as electronics, in relation to human health and the environment.
The Alliance for a Healthy Tomorrow (AHT) is a coalition of citizens, scientists, health professionals, workers and educators seeking preventative action on toxic hazards.
The Natural Resources Defense Council’s Environmental Laws and Treaties site.
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