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U.S. CHEMICAL REFORM
As the leader in chemical production, we must pass comprehensive chemical policy in the United States to protect human health and our environment. This page includes the elements of reforms needed, how the European Union has made great strikes in hazardous chemical regulation, how American chemical companies are creating obstacles and the current federal/state legal efforts.
Reform principles to protect our health & environment
The right to know what toxic chemicals exist in our environment
Everyone has the right to know what toxic industrial chemicals we are being exposed to in our communities and workplaces. The Toxic Release Inventory (TRI) is a publicly available database in the U.S. that records such emissions and similar laws have been enacted in Canada, Japan and the European Union. However, as American industries have globalized and moved their manufacturing facilities (especially electronics) to developing nations, the creation and enforcement of global “Right-to-Know” laws should follow.
Maufacturers should have to prove their products are safe
The burden of proof (both scientific and financial) should be on the producers of chemicals to demonstrate their safety, not on government regulators to prove that they are harmful. All industrial chemicals should undergo testing and evaluation for human toxicological effects and environmental impacts. Government should take preventative action based on the results of these evaluations using the principle of “No Data, No Market.”
Phase out persistent, bioaccumulative and toxic chemicals
Certain chemicals, including lead, mercury and DDT, are still used in electronics. They are classified as PBTs because they are slow to degrade, build up in the bodies of humans and wildlife, and are highly hazardous to humans and the environment. Eliminating use of PBTs must be a priority. Learn more about toxics in electronics.
Use safer substitutes and green chemistry
We need to develop safer alternatives to the toxic chemicals used today in products and production processes. Phasing out PBTs and applying preventative action in the regulation of industrial chemicals will promote the implementation of green chemistry. Learn more about green chemistry.
Europe leads the world on chemical reform
The European Union is leading the world on chemical policy. REACH (The Registration, Evaluation and Authorization of Chemicals) is the proposed new law expected to be approved in late 2006 or 2007. REACH will provide the public with information about chemicals in the products we buy, including both labeling requirements and the creation of a public database of chemicals and their properties. Key features of REACH are that it requires registration and evaluation of all chemicals produced in or imported to the European Union and applies risk to both new and existing chemicals. Learn more about European hazardous chemical reform.
U.S. chemical giants are the obstacle to reform
Representing chemical industry giants like Dow, DuPont and Monsanto, the American Chemistry Council (ACC) has lead the effort to weaken REACH and to block the development of similar policies in the United States. The ACC has funneled millions of dollars into fighting chemical reform, fearing they will be forced to spend more on proving their products are safe. The ACC has lead the charge for voluntary testing and the least regulation possible. Some in the U.S. government, particularly the State Department and Department of Commerce, have also aggressively lobbied against REACH and other reforms. A report by the Environmental Health Fund documents this resistance.
U.S. federal reforms
In spite of challenges from the ACC, recent activity indicates a possibility for reform of U.S. federal chemical policy. The Senate Committee on Environment and Public Works is reviewing the Toxic Substances Control Act (TSCA) in the first congressional review in more than a decade. To coincide with this process, the Government Accountability Office (GAO) released a report on August 2, 2006 titled Chemical Regulation: Actions are Needed to Improve the Effectiveness of EPA's Chemical Review Program. There is also a proposed Chemical Facility Anti-Terrorism Act which would grant the Department of Homeland Security authority greater control over the chemical industry.
Massachusetts reform
“The Safer Alternatives to Toxic Chemicals” (S-1268 & H-2275) proposes the establishment of a gradual approach to reducing the use of toxic chemicals and provides incentives to stimulate research and development of safer alternatives. The bill has been introduced for the 2005-6 legislative session. The Alliance for a Healthy Tomorrow and Massachusetts Public Interest Research Group (Mass PIRG) are among the environmental groups leading the charge to support the bill.
California Reform
With “Prop 65,” California has been a leader in chemical policy. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Prop 65 requires product labeling and has produced one of the most extensive lists in the world of chemicals known to cause cancer or reproductive harm. Efforts to introduce comprehensive chemical policy in California have been spearheaded in part by the report Green Chemistry in California: A Framework for Leadership in Chemicals Policy and Innovation by Michael Wilson. The report was produced by the California Policy Research Center for the California Senate Environmental Quality Committee.
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