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Testimony before the Committee on Environment and Public Works, U.S. 
Senate: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 9:30 a.m. EDT: 

Wednesday, August 2, 2006: 

Chemical Regulation: 

Actions Are Needed to Improve the Effectiveness of EPA's Chemical 
Review Program: 

Statement of John B. Stephenson, Director, Natural Resources and 
Environment: 

GAO-06-1032T: 

GAO Highlights: 

Highlights of GAO-06-1032T, testimony before the Committee on 
Environment and Public Works, U.S. Senate 

Why GAO Did This Study: 

Chemicals play an important role in everyday life, but some may be 
harmful to human health and the environment. Chemicals are used to 
produce items widely used throughout society, such as cleansers and 
plastics as well as industrial solvents and additives. However, some 
chemicals, such as lead and mercury, are highly toxic at certain doses 
and need to be regulated because of health and safety concerns. In 
1976, the Congress passed the Toxic Substances Control Act (TSCA) to 
authorize the Environmental Protection Agency (EPA) to control 
chemicals that pose an unreasonable risk to human health or the 
environment. 

This testimony is based on GAO’s June 2005 report, Chemical Regulation: 
Options Exist to Improve EPA’s Ability to Assess Health Risks and 
Manage Its Chemical Review Program (GAO-05-458). GAO’s report describes 
EPA’s efforts to (1) assess chemicals used in commerce, (2) control the 
use of chemicals not yet in commerce, and (3) publicly disclose 
information provided by chemical companies under TSCA. GAO recommended 
that the Congress consider providing EPA additional authorities under 
TSCA to improve EPA’s ability to assess chemical risks, and that the 
EPA Administrator take several actions to improve EPA’s management of 
its chemical review program. EPA did not disagree with our findings and 
is currently implementing some of our recommendations. 

What GAO Found: 

EPA’s authority under TSCA to obtain the data needed to assess existing 
chemicals does not facilitate its review process because the costly and 
time-consuming burden of obtaining the data is on EPA, rather than 
chemical companies. Consequently, EPA has used its authorities to 
require testing of fewer than 200 of the 62,000 chemicals in commerce 
when EPA began reviewing chemicals under TSCA in 1979. To obtain more 
data on existing chemicals, EPA implemented its High Production Volume 
Challenge Program, under which chemical companies voluntarily provide 
test data on about 2,800 chemicals produced or imported in amounts of 1 
million pounds or more a year. While the purpose of the program is 
laudable, several problems remain, including that the chemical industry 
has not agreed to provide test data for over 200 chemicals with high 
production volumes. Moreover, after obtaining test data, EPA is 
required under TSCA’s provisions to determine that a chemical poses an 
unreasonable risk before EPA can act to regulate its production or use. 
EPA officials say the act’s legal standards for demonstrating 
unreasonable risk are so high that they have generally discouraged EPA 
from using its authorities to ban or restrict the manufacture or use of 
existing chemicals. Since Congress enacted TSCA in 1976, EPA has issued 
regulations to ban or limit the production of only five existing 
chemicals or groups of chemicals. 

EPA’s reviews of new chemicals provide only limited assurance that 
health and environmental risks are identified because TSCA does not 
require companies to test chemicals before they notify EPA of their 
intent to manufacture the chemicals. Because of a general lack of data 
on new chemicals, EPA has developed methods to predict their potential 
exposure and toxicity levels by using scientific models to compare the 
new chemicals with chemicals that have similar molecular structures and 
for which toxicity information is available. However, the use of these 
models can be problematic because the models are not always accurate in 
predicting chemical properties and EPA’s evaluation of general health 
effects of the chemicals is contingent upon the availability of 
information on chemicals with similar molecular structures. 
Additionally, the estimates of a chemical’s production volume and 
anticipated uses, which EPA uses to assess exposure, can change 
substantially after EPA completes its review. Despite these 
limitations, EPA’s reviews have resulted in some action being taken to 
reduce the risks of over 3,600 new chemicals. 

EPA’s ability to provide the public with information on chemical 
production and risk is generally limited by the confidential business 
information provisions of TSCA. As a result, state agencies and foreign 
governments interested in obtaining this data for important purposes 
are denied access to the information. Recently, chemical companies have 
expressed interest in working with EPA to identify ways of enabling the 
agency to share confidential information with other organizations, 
provided that appropriate safeguards are adopted to prevent the 
unauthorized use of the information. 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-06-1032T]. 

To view the full product, including the scope and methodology, click on 
the link above.
For more information, contact John B. Stephenson at (202) 512-3841 or 
stephensonj@gao.gov. 

[End of Section] 

Mr. Chairman and Members of the Committee: 

I am pleased to appear today before the Senate Committee on Environment 
and Public Works, to discuss our work on the Environmental Protection 
Agency's (EPA) implementation of the Toxic Substances Control Act 
(TSCA). Tens of thousands of chemicals are currently in commercial use 
in the United States and, on average, over 700 new chemicals are 
introduced into commerce each year. Although these chemicals are an 
integral component in the production of important goods and services, 
some may be toxic and may adversely affect human health and/or the 
environment. It was in this context, that the Congress passed TSCA in 
1976, authorizing EPA to obtain manufacturer information on the risks 
of chemicals and to control those that EPA determines will pose an 
unreasonable risk. 

TSCA addresses those chemicals manufactured, imported, processed, 
distributed in commerce, used, or disposed of in the United States, but 
excludes certain substances including pesticides regulated under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and food 
additives, drugs, and cosmetics regulated under the Federal Food, Drug, 
and Cosmetic Act (FFDCA). TSCA authorizes EPA to review those chemicals 
already in commerce - what are referred to as existing chemicals --and 
to assess chemicals before they enter commerce - so-called new 
chemicals. EPA lists chemicals currently in commerce in the TSCA 
inventory. Of the over 82,000 chemicals currently in the TSCA 
inventory, about 62,000 were already in commerce when EPA began 
reviewing chemicals in 1979. Since then, approximately 20,000 new 
chemicals were added to the inventory and are now in use as existing 
chemicals. 

Prior to the passage of TSCA, chemical substances generally entered the 
marketplace without review or controls. Without government 
intervention, and often with little or no knowledge of their potential 
adverse health and environmental impacts, some of these chemicals were 
produced and used in high volumes. Earlier legislation on clean water 
and air had primarily addressed releases of chemicals into the 
environment. In contrast, TSCA authorized EPA to control the entire 
life cycle of chemicals from their production and distribution to their 
use and disposal--including options for the outright banning of 
chemical substances to mandating requirements for chemical testing or 
product labeling. Now, chemical companies are required to submit to 
EPA, 90 days before beginning to manufacture a new chemical, a 
premanufacture notice containing information including the chemical's 
identity, categories of uses, estimated production volumes, and any 
test data possessed by the chemical company. 

My testimony today, which is based on our June 2005 report, Chemical 
Regulation: Options Exist to Improve EPA's Ability to Assess Health 
Risks and Manage Its Chemical Review Program,[Footnote 1] describes 
EPA's efforts to (1) assess existing chemicals used in commerce, (2) 
control the risks of new chemicals not yet in commerce, and (3) 
publicly disclose information provided by chemical companies under 
TSCA. 

In summary, EPA does not routinely assess the human health and 
environmental risks of existing chemicals and faces challenges in 
obtaining the information necessary to do so. TSCA's authorities for 
collecting data on existing chemicals do not facilitate EPA's review 
process because they generally place the costly and time-consuming 
burden of obtaining data on EPA, rather than requiring chemical 
companies to develop and submit such data to EPA. Consequently, EPA has 
used its authorities to require testing for fewer than 200 of the 
62,000 chemicals in commerce when EPA began reviewing chemicals under 
TSCA in 1979. Recognizing the need for additional information on 
existing chemicals, in the late 1990s EPA implemented its High 
Production Volume (HPV) Challenge Program, under which chemical 
companies have begun to voluntarily provide test data on about 2,800 
chemicals produced or imported in amounts of 1 million pounds or more a 
year. While the HPV Challenge Program is a laudable effort to develop 
data on these chemicals, several problems remain, including that the 
chemical industry has not agreed to provide testing for over 200 
chemicals originally identified in the HPV Challenge Program and that 
even with the test data provided under the program, EPA would need to 
demonstrate that the chemicals pose unreasonable risks in order to 
control their production or use under TSCA. While TSCA does not define 
what risk is unreasonable, according to EPA officials the standard has 
been difficult to meet. In order to withstand judicial scrutiny, a TSCA 
rule must be supported by substantial evidence in the rulemaking 
record. In this regard, EPA officials say the act's legal standards are 
so high that they have generally discouraged EPA from using its 
authorities to ban or restrict the manufacture or use of chemicals. 
Since Congress enacted TSCA in 1976, EPA has issued regulations under 
the act to ban or limit the production of only five existing chemicals 
or groups of chemicals. 

EPA's reviews of new chemicals can provide only limited assurance that 
health and environmental risks are identified before the chemicals 
enter commerce because TSCA does not require chemical companies to test 
new chemicals before notifying EPA of their intent to manufacture a 
chemical. Furthermore, chemical companies generally do not voluntarily 
perform such testing. Because of a general lack of data, EPA has 
developed sophisticated methods to predict the potential exposure and 
toxicity levels of new chemicals by using scientific models to compare 
them with chemicals with similar molecular structures for which 
toxicity information is available. However, the use of these models can 
present weaknesses in the assessment because the models are not always 
accurate in predicting physical chemical properties and the evaluation 
of general health effects is contingent on the availability of 
information on chemicals with similar molecular structures. 
Additionally, chemical company estimates of a chemical's production 
volume and anticipated uses provided in the premanufacture notices that 
EPA uses to assess exposure, can change substantially after EPA 
completes its review and manufacturing begins. However, these estimates 
do not have to be amended by companies unless EPA promulgates a rule 
determining that a use of a chemical constitutes a significant new use, 
which EPA has done for only a small percentage of new chemicals. 
Despite limitations in the information available on new chemicals, 
EPA's reviews have resulted in some action being taken to reduce the 
risks of over 3,600 new chemicals submitted for review. 

EPA's ability to provide the public with information on chemical 
production and risk has also been hindered by strict confidential 
business information provisions of TSCA. TSCA generally prohibits the 
disclosure of confidential business information and, according to EPA 
officials, about 95 percent of the premanufacture notices for new 
chemicals contain some information that is claimed as confidential. 
While EPA has the authority to evaluate the appropriateness of 
confidentiality claims, these efforts are time and resource-intensive, 
and the agency does not have the resources to challenge a significant 
number of claims. State environmental agencies and others have 
expressed interest in obtaining information claimed as confidential 
business information for use in various activities, such as developing 
contingency plans to alert emergency response personnel to the presence 
of highly toxic substances at manufacturing facilities. Chemical 
companies recently have expressed interest in working with EPA to 
identify ways to enable other organizations to use the information 
given the adoption of appropriate safeguards. 

In our June 2005 report, we recommended that the Congress consider 
providing EPA additional authorities under TSCA to improve its ability 
to assess chemical risks, such as providing the EPA Administrator the 
authority to require chemical companies develop test data when 
production volumes reach certain levels. We also recommended that the 
EPA Administrator take several actions to improve EPA's management of 
its chemical program, including revising its regulations to require 
that companies reassert confidentiality claims under TSCA within a 
certain time period after the information is initially claimed as 
confidential. EPA did not disagree with the report's findings and is in 
the process of implementing several of our recommendations. For 
example, EPA is currently launching a pilot project to review claims of 
confidentiality for data on certain older chemicals. 

EPA Has Limited Information on the Health and Environmental Risks of 
Existing Chemicals and Has Issued Few Regulations Controlling Such 
Chemicals: 

Because chemical companies are generally not required to develop and 
submit toxicity information to EPA, when the agency decides to review 
existing chemicals, it generally has only limited information on the 
risks that the chemicals pose to human health and the environment. 
Furthermore, EPA's authority under TSCA to require industry testing 
that would provide the information to review the chemicals is difficult 
to use, according to EPA officials. EPA has used its authority to 
require testing for fewer than 200 of the 62,000 chemicals in commerce 
when EPA began reviewing chemicals under TSCA in 1979. Furthermore, EPA 
has rarely banned, limited the production, or restricted the use of 
existing chemicals. Since 1998, EPA has focused its efforts on 
obtaining information on existing chemicals through voluntary programs, 
such as the HPV Challenge Program. This program is intended to provide 
basic data on the characteristics of about 2,800 chemicals produced in 
excess of 1 million pounds a year. 

EPA Has Limited Toxicity and Exposure Data with Which to Review 
Existing Chemicals: 

EPA's toxicity and exposure data on existing chemicals is often 
incomplete and TSCA's authority to require testing in support of the 
agency's review process is difficult to use. While TSCA authorizes the 
review of existing chemicals, it generally provides no specific 
requirement, time frame, or methodology for doing so. Chemical 
companies are not required to develop and submit toxicity information 
to EPA unless the agency promulgates a testing rule, thus placing the 
burden for obtaining data on EPA. In addition, if chemical company 
testing shows that a chemical is not toxic, there is generally no 
standing requirement that the chemical companies submit this data to 
EPA. Consequently, when EPA decides to review existing chemicals, it 
generally has only limited information on the risks of injury the 
chemicals pose to human health and the environment. 

EPA officials told us that in cases where chemical companies do not 
voluntarily provide test data and health and safety studies in a 
complete and timely manner, requiring the testing of existing chemicals 
of concern--those chemicals for which some suspicion of harm exists--is 
the only practical way to ensure that the agency obtains the needed 
information. For example, there are currently over 200 high-production- 
volume chemicals for which chemical companies have not agreed to 
provide the minimal test data that EPA believes are needed to initially 
assess their risks. Furthermore, many additional chemicals are likely 
to be added to become high production chemicals because the specific 
chemicals used in commerce are constantly changing, as are their 
production volumes. Chemical industry representatives told us that TSCA 
provides EPA with adequate authority to issue rules requiring companies 
to provide EPA with any test and exposure data possessed by the 
companies, and that EPA could use such authority to obtain company 
information on existing chemicals of concern. EPA could then use that 
information to determine whether additional rules should be issued to 
require companies to perform additional testing of the chemicals. 

However, EPA officials told us that it is time-consuming, costly, and 
inefficient for the agency to use a two-step process of (1) issuing 
rules under TSCA (which can take months or years to develop) to obtain 
exposure data or available test data that the chemical industry does 
not voluntarily provide to EPA and then (2) issuing additional rules 
requiring companies to perform specific tests necessary to ensure the 
safety of the chemicals tested. Officials also said that EPA's 
authority under TSCA to issue rules requiring chemical companies to 
conduct tests on existing chemicals has been difficult to use because 
the agency must first make certain findings before it can require 
testing. Specifically, TSCA requires EPA to find that current data is 
insufficient; testing is necessary; and that either (1) the chemical 
may present an unreasonable risk or (2) that the chemical is or will be 
produced in substantial quantities and that there is or may be 
substantial human or environmental exposure to the chemical. 

Once EPA has made the required findings, the agency can issue a 
proposed rule for public comment, consider the comments it receives, 
and promulgate a final rule ordering chemical testing. EPA officials 
told us that finalizing rules can take from 2 to 10 years and require 
the expenditure of substantial resources. Given the time and resources 
required, the agency has issued rules requiring testing for fewer than 
200 chemicals. Because EPA has used authority to issue rules to require 
testing so sparingly, it has not continued to maintain information on 
the cost of implementing these rules. However, in our October 1994 
report on TSCA,[Footnote 2] we noted that EPA officials told us that 
issuing such a rule can cost hundreds of thousands of dollars. 

Given the difficulties involved in requiring testing, EPA officials do 
not believe that TSCA provides an effective means for testing a large 
number of existing chemicals. They believe that EPA could review 
substantially more chemicals in less time if they had the authority to 
require chemical companies to conduct testing and provide test data on 
chemicals once they reach a substantial production volume, assuming EPA 
had first determined that these data cannot be obtained without 
testing. We have long held a similar view based on our reviews 
involving TSCA, and in our in June 2005 report, we recommended that the 
Congress consider giving EPA the authority to require chemical 
manufacturers and processors to develop test data based on substantial 
production volume and the necessity for testing. 

EPA Has Had Difficulty Proving That Chemicals Pose Unreasonable Risks 
and Has Regulated Few Existing Chemicals under TSCA: 

Even when EPA has toxicity and exposure information on existing 
chemicals, the agency stated that it has had difficulty demonstrating 
that harmful chemicals pose an unreasonable risk and that they should 
be banned or have limits placed on their production or use. Indeed, EPA 
has rarely banned, limited the production, or restricted the use of 
existing chemicals. Since the Congress enacted TSCA in 1976, EPA has 
issued regulations under the act to ban or limit the production or 
restrict the use of only five existing chemicals or chemical classes. 
For an additional 173 existing chemicals, EPA has required chemical 
companies to submit notices of any significant new uses of the 
chemical, providing EPA the opportunity to review the risks posed by 
the new use. 

EPA Implemented a Voluntary Program to Collect More Industry Data on 
Existing Chemicals: 

Facing difficulties obtaining information on existing chemicals, EPA 
took steps to address this shortcoming with the implementation of the 
HPV Challenge Program in 1998. According to EPA, the lack of 
information on existing chemicals and the relative difficulty of 
requiring testing under TSCA on the scale that would be necessary for 
the thousands of chemicals produced at high volumes, has led EPA, in 
cooperation with chemical companies, environmental groups, and other 
interested parties, to implement a voluntary program to obtain test 
data on high-production-volume chemicals from chemical companies. The 
HPV Challenge Program focuses on obtaining chemical company "sponsors" 
to voluntarily provide data on the approximately 2,800 chemicals that 
chemical companies reported in 1990, that they produced at a high 
volume--generally over 1 million pounds. 

Through this program, sponsors develop a minimum set of data on the 
chemicals, either by gathering available information, using models to 
predict the chemicals' properties, or conducting testing of the 
chemicals. EPA plans to use the data collected under the program to 
prioritize high-production chemicals for further assessment, but it has 
not yet adopted a methodology for prioritizing the chemicals or for 
determining those that require additional information. In our June 2005 
report, we recommended that EPA develop and implement such a 
methodology for using information collected through the HVP Challenge 
Program to prioritize chemicals for further review and to identify and 
obtain additional information needed to assess their risks. At EPA's 
request, a federal advisory group has proposed a methodology for 
prioritizing the HPV Challenge Program chemicals, and EPA anticipates 
that the agency will implement the proposal during 2006. 

Nonetheless, other problems exist in the HPV Challenge Program. 
Chemical companies have not volunteered to provide data on all the 
chemicals currently in the HPV Program. In addition, despite the fact 
that companies may begin raising the production volumes of other 
chemicals, EPA has no mechanism for placing these chemicals on the HPV 
Challenge Program list once they are produced in greater volume. We 
believe that action to implement our previously mentioned 
recommendation that the Congress consider giving EPA additional 
authority to require chemical testing could ameliorate such problems. 

EPA Lacks Sufficient Data to Ensure That the Potential Health and 
Environmental Risks of New Chemicals Are Identified: 

EPA's review of new chemicals provides only limited assurance that 
health and environmental risks are identified because the agency has 
limited information with which to review them. In the absence of 
chemical test data, EPA largely relies on scientific models that do not 
always accurately determine chemicals' properties or the full extent of 
their adverse effects. Further, information that companies provide in 
the premanufacture notices that EPA uses to assess potential exposures 
to new chemicals are estimates that can change substantially once 
manufacturing begins. Despite limitations in the information available 
on new chemicals, EPA's reviews have resulted in some action being 
taken to reduce the risks of over 3,600 new chemicals submitted for 
review. 

EPA Has Limited Information on New Chemicals and Relies on Modeling 
Tools to Assess the Health and Environmental Risks of New Chemicals: 

TSCA generally requires chemical companies to notify EPA of their 
intent to manufacture or import new chemicals and to provide any 
available test data. Yet EPA estimates that most premanufacture notices 
do not include test data of any type, and only about 15 percent include 
health or safety test data. Chemical companies do not have an incentive 
to conduct these tests because they may take over a year to complete, 
and some tests may cost hundreds of thousands of dollars. During a 
review of a new chemical, EPA evaluates risks by conducting a chemical 
analysis, searching the scientific literature, reviewing agency files 
(including files of related chemicals that have already been assessed 
by EPA), analyzing toxicity data on structurally similar chemicals, 
calculating potential releases of and exposures to the chemical, and 
identifying the chemical's potential uses. On the basis of this review, 
EPA makes a decision to (1) take no action; (2) require controls on the 
use, manufacture, processing, distribution in commerce, or disposal of 
the chemical pending development of test data; or (3) ban or otherwise 
regulate the chemical pending the receipt and evaluation of test 
studies performed by the chemical's manufacturer. Because EPA generally 
does not have sufficient data on a chemical's properties and effects 
when reviewing a new chemical, EPA uses a method known as structure 
activity relationships analysis to screen and evaluate a chemical's 
toxicity. This method, also referred to as the nearest analogue 
approach, involves using models to compare new chemicals with chemicals 
with similar molecular structures for which test data on health and 
environmental effects are available. 

EPA officials told us that, while the overall accuracy of the models 
has not been validated for regulatory purposes, they are effective as 
screening tools that allow EPA to focus its attention on the chemicals 
of greatest concern--chemicals about which little is known other than 
that they are structurally related to known harmful chemicals. By 
applying approaches that make conservative predictions, EPA believes 
that it is more likely to identify a false positive (where a chemical 
is determined to be of concern, but on further analysis is found to be 
of low concern) than a false negative (where a chemical is initially 
viewed as a low concern though on further analysis is actually of 
higher concern). According to EPA, only about 20 percent of the 
premanufacture notices received annually go through the agency's more 
detailed full-review process after they have been initially screened. 
That is, according to EPA officials, the majority of new chemicals 
submitted for review can be screened out as not requiring further 
review because (1) EPA determines on the basis of its screening models 
that a chemical has low potential to harm human health or the 
environment or (2) on the basis of other information, such as the 
anticipated uses, exposures, and releases of the chemicals, only 
limited potential risks to people and the environment are expected. In 
addition, using these models, EPA identifies for possible regulatory 
action, those chemicals belonging to certain chemical categories that 
based on its prior experience in reviewing new chemicals are likely to 
pose potential risks such that testing or controls are needed. In our 
June 2005 report, we recommended that the EPA Administrator develop a 
strategy for improving and validating, for regulatory purposes, the 
models that EPA uses to assess and predict the risks of chemicals and 
to inform regulatory decisions on the production, use, and disposal of 
the chemicals. 

Estimates of Exposures and Other Information Provided in 
Premanufacturing Notices Can Change after Manufacturing Begins: 

EPA bases its exposure estimates for new chemicals on information 
contained in premanufacture notices. However, the anticipated 
production volume, uses, exposure levels, and release estimates 
outlined in these notices generally do not have to be amended once 
manufacturing begins. That is, once EPA completes its review and 
production begins, chemical companies are not required under TSCA to 
limit the production of a chemical or its uses to those specified in 
the premanufacture notice or to submit another premanufacture notice if 
changes occur. However, the potential risk of injury to human health or 
the environment may increase when chemical companies increase 
production levels or expand the uses of a chemical. To address this 
potential, TSCA authorizes EPA to promulgate a rule specifying that a 
particular use of a chemical would be a significant new use. EPA has 
infrequently issued such rules, which require manufacturers, importers, 
and processors of the chemical for the new use to notify EPA at least 
90 days before beginning manufacturing or processing the chemical for 
that use. 

EPA Reviews of New Chemicals Have Resulted in Some Control Actions: 

When EPA's assessment of a new chemical identifies health and safety 
problems, EPA can issue a proposed rule to prevent chemical companies 
from manufacturing or distributing the chemical in commerce, or to 
otherwise restrict the chemical's production or use, if the agency 
believes the new chemical may present an unreasonable risk before EPA 
can regulate the chemical under the relevant provisions of TSCA. 
Despite limitations in the information available on new chemicals, 
EPA's reviews have resulted in some action being taken to reduce the 
risks of over 3,600 new chemicals that chemical companies have 
submitted for review. These actions ranged from chemical companies 
voluntarily withdrawing their notices of intent to manufacture new 
chemicals, chemical companies entering into consent orders with EPA to 
produce a chemical under specified conditions, and EPA promulgating 
significant new use rules requiring chemical companies to notify EPA of 
their intent to manufacture or process a chemical for new uses. 

For over 1,700 chemicals, companies withdrew their premanufacture 
notices, sometimes after EPA indicated that the agency planned to 
initiate the process for placing controls on the chemical, such as 
requiring testing or prohibiting the production or certain uses of the 
chemical. EPA officials told us that after EPA screens a chemical or 
performs a more detailed analysis of it, chemical companies often drop 
their plans to market a new chemical when the chemical's niche in the 
marketplace is uncertain and EPA requests that the company develop and 
submit test data. 

For over 1,300 chemicals, EPA has issued orders requiring chemical 
companies to implement workplace controls or practices during 
manufacturing (pending the development of information), and/or perform 
toxicity testing when the chemical's production volumes reached certain 
levels. EPA may issue these proposed orders to control the production, 
distribution, use, or disposal of a new chemical when there is 
insufficient information available to reasonably evaluate the human 
health or environmental effects of a chemical and when the chemical (1) 
may present an unreasonable risk to human health or the environment or 
(2) is or will be produced in substantial quantities and (a) it either 
enters or may reasonably be anticipated to enter the environment in 
substantial quantities or (b) there is or may be significant or 
substantial human exposure to the substance. While TSCA does not 
authorize EPA to require that chemical companies develop this 
information, the act does allow EPA to control the manufacturing and 
processing of the chemical until EPA has sufficient data to determine 
if the chemical will pose a risk. 

For over 570 new chemicals submitted for review, EPA required chemical 
companies to submit premanufacture notices for any significant new uses 
of the chemical, providing EPA the opportunity to review the risks of 
injury to human health or the environment before new uses had begun. 

EPA's Ability to Share Data Collected Under TSCA Is Limited: 

EPA's ability to make publicly available the information that it 
collects under TSCA is limited. Chemical companies may claim the 
information they provide to EPA under TSCA as confidential business 
information. While EPA believes that some claims of confidential 
business information may be unwarranted, challenging the claims is 
resource-intensive. 

When companies submit information to EPA through premanufacture 
notices, many claim a large portion of the information as confidential. 
According to EPA, about 95 percent of premanufacture notices contain 
some information that chemical companies claim as confidential. Under 
EPA regulations, information that is claimed as confidential shall 
generally be treated as such if no statute specifically requires 
disclosure. Exceptions include if the information is required to be 
released by some other federal law or court order, if the company 
voluntarily withdraws its confidential claim, or if the EPA Office of 
General Counsel makes a final administrative determination that the 
information does not meet the regulatory criteria substantiating a 
legal right to the claim. EPA has not performed any recent studies of 
the appropriateness of confidentiality claims, although a 1992 EPA 
study indicated that problems with inappropriate claims were extensive. 
That study examined the extent to which companies made confidential 
business information claims, the validity of the claims, and the impact 
of inappropriate claims on the usefulness of TSCA data to the public. 
While EPA may suspect that some chemical companies' confidentiality 
claims are unwarranted, they have no data on the number of 
inappropriate claims. 

EPA officials told us that the agency does not have the resources 
necessary to investigate and, where appropriate, challenge claims that 
it believes are inappropriate. Consequently, EPA focuses on 
investigating primarily those claims that it believes may be both 
inappropriate and among the most potentially important--that is, 
confidentiality claims relating to health and safety studies performed 
by the chemical companies involving chemicals currently in commerce. 
The EPA official responsible for initiating challenges to 
confidentiality claims told us that EPA challenges about 14 such claims 
each year, and that the chemical companies withdraw nearly all of the 
claims when challenged. 

Officials who have various responsibilities for protecting public 
health and the environment from the dangers posed by chemicals believe 
that having access to confidential TSCA information would allow them to 
examine information on chemical properties and processes that they 
currently do not possess and could enable them to better control the 
risks of potentially harmful chemicals. For example, on the basis of a 
study performed by the state of Illinois with the cooperation of 
chemical companies and EPA, Illinois regulators found that toxicity 
information submitted under TSCA was useful in identifying chemical 
substances that should be included in contingency plans in order to 
alert emergency response and planning personnel to the presence of 
highly toxic substances at facilities. Additionally, the availability 
of this information could assist the states with environmental 
monitoring and enforcement. For instance, using TSCA data, Illinois 
regulators identified potential violations of state environmental 
regulations, such as cases where companies had submitted information to 
EPA under TSCA but failed to submit such information to the states as 
required. 

Likewise, the general public may also find information provided under 
TSCA useful. Individual citizens or community groups may have a 
specific interest in information on the risks of chemicals that are 
produced or used in nearby facilities. For example, neighborhood 
organizations can use such information to engage in dialogue with 
chemical companies about reducing chemical risks, preventing accidents, 
and limiting chemical exposures. 

TSCA's provisions are in contrast to those of some foreign governments' 
environmental laws, such as Canada, which authorizes its environmental 
agency to share confidential business information with other 
governments under agreements or arrangements where the government 
undertakes to keep the information confidential. Chemical industry 
representatives told us that the industry also sees benefits in 
allowing EPA to share information with other countries in order to 
harmonize chemical assessments among developed countries and improve 
chemical risk assessment methods by allowing cooperation on improving 
models used to predict chemical toxicity. The chemical industry is 
concerned, however, that confidential information be protected from 
inappropriate disclosure. These chemical industry representatives told 
us that some countries currently do not have adequate procedures for 
protecting confidential business information. However, they suggested 
that the policies and procedures EPA currently uses to protect 
confidential information are appropriate. Accordingly, they said that 
the chemical industry would not object to TSCA revisions allowing EPA 
to share confidential information with foreign countries and 
organizations, provided that such revisions contain specific reference 
to safeguards that EPA would establish and enforce to ensure that those 
receiving the information have stringent policies and procedures to 
protect it. 

Our June 2005 report included two recommendations for addressing the 
problems we identified related to the confidential business information 
provisions of TSCA. We recommended that EPA revise its regulations to 
require companies to reassert claims of confidentiality within a 
certain period after the information is initially claimed as 
confidential. We also recommended that the Congress consider amending 
TSCA to authorize EPA to share with the states and foreign governments 
the confidential business information that chemical companies provide 
to EPA, subject to regulations to be established by EPA in consultation 
with the chemical industry and other interested parties that would set 
forth the procedures to be followed by all recipients of the 
information in order to protect the information from unauthorized 
disclosures. EPA did not disagree with the report's findings and is in 
the process of implementing several of our recommendations. For 
example, EPA is currently launching a pilot project to review claims of 
confidentiality for data on certain older chemicals. 

Concluding Observations: 

Mr. Chairman, EPA's efforts to encourage companies to voluntarily 
provide data on existing chemicals is commendable. However, the 
fundamental and historical problems the agency has experienced with 
utilizing its authorities under TSCA continue to limit EPA's ability to 
manage its chemical review program and assess chemical risks. In this 
respect, EPA faces considerable difficulties using its authorities to 
require testing of existing chemicals, which prevents the agency from 
reviewing substantially more chemicals in less time than it could if it 
had the authority to require chemical companies to provide test data on 
chemicals once they have reached a substantial production volume. 
Moreover, EPA's ability to provide the public with information on 
chemical production and risks is hampered by the strict confidential 
business information provisions of TSCA. While protecting such 
information is a legitimate concern, TSCA currently prohibits EPA from 
disclosing much data for important purposes such as assisting state 
agencies in carrying out their environmental management 
responsibilities and foreign governments in harmonizing international 
chemical assessment approaches--a goal generally shared by these 
governments and the chemical industry. We believe the actions that we 
have recommended to both the Congress and EPA would go a long way in 
addressing the challenges EPA faces in exercising its authorities under 
TSCA. 

Mr. Chairman, this concludes my prepared statement. I would be happy to 
respond to any questions that you or Members of the Committee may have. 

Contacts and Acknowledgments: 

For further information about this testimony, please contact me Mr. 
John B. Stephenson at (202) 512-3841. David Bennett, John Delicath, 
Tyra DiPalma-Vigil, Richard Johnson, Valerie Kasindi, and Ed Kratzer 
made key contributions to this statement. 

FOOTNOTES 

[1] GAO, Chemical Regulation: Options Exist to Improve EPA's Ability to 
Assess Health Risks and Manage Its Chemical Review Program, GAO-05-458 
(Washington, D.C.: June 13, 2005). 

[2] GAO, Toxic Substances Control Act: Legislative Changes Could Make 
the Act More Effective, GAO/RCED-94-103 (Washington, D.C.: September 
26, 1994). 

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