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European Union Approaches to Protect against the Risks of Toxic 
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Report to Congressional Requesters: 

United States Government Accountability Office: 

GAO: 

August 2007: 

Chemical Regulation: 

Comparison of U.S. and Recently Enacted European Union Approaches to 
Protect against the Risks of Toxic Chemicals: 

Risks of Toxic Chemicals: 

GAO-07-825: 

GAO Highlights: 

Highlights of GAO-07-825, a report to congressional requesters. 

Why GAO Did This Study: 

Chemicals play an important role in everyday life. However, some 
chemicals are highly toxic and need to be regulated. 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, but some 
have questioned whether TSCA provides EPA with enough tools to protect 
against chemical risks. Like the United States, the European Union (EU) 
has laws governing the production and use of chemicals. The EU has 
recently revised its chemical control policy through legislation known 
as Registration, Evaluation and Authorization of Chemicals (REACH) in 
order to better identify and mitigate risks from chemicals. 

GAO was asked to review the approaches used under TSCA and REACH for 
(1) requiring chemical companies to develop information on chemicals’ 
effects, (2) controlling risks from chemicals, and (3) making 
information on chemicals available to the public. To review these 
issues, GAO analyzed applicable U.S. and EU laws and regulations and 
interviewed U.S. and EU officials, industry representatives, and 
environmental advocacy organizations. 

What GAO Found: 

REACH requires companies to develop information on chemicals’ effects 
on human health and the environment, while TSCA does not require 
companies to develop such information absent EPA rule-making requiring 
them to do so. While TSCA does not require companies to develop 
information on chemicals before they enter commerce (new chemicals), 
companies are required to provide EPA any information that may already 
exist on a chemical’s impact on human health or the environment. 
Companies do not have to develop information on the health or 
environmental impacts of chemicals already in commerce (existing 
chemicals) unless EPA formally promulgates a rule requiring them to do 
so. Partly because of the resources and difficulties the agency faces 
in order to require testing to develop information on existing 
chemicals, EPA has moved toward using voluntary programs as an 
alternative means of gathering information from chemical companies in 
order to assess and control the chemicals under TSCA. While these 
programs are noteworthy, data collection has been slow in some cases, 
and it is unclear if the programs will provide EPA enough information 
to identify and control chemical risks. 

TSCA places the burden of proof on EPA to demonstrate that a chemical 
poses a risk to human health or the environment before EPA can regulate 
its production or use, while REACH generally places a burden on 
chemical companies to ensure that chemicals do not pose such risks or 
that measures are identified for handling chemicals safely. In 
addition, TSCA provides EPA with differing authorities for controlling 
risks, depending on whether the risks are posed by new or existing 
chemicals. For new chemicals, EPA can restrict a chemical’s production 
or use if the agency determines that insufficient information exists to 
permit a reasoned evaluation of the health and environmental effects of 
the chemical and that, in the absence of such information, the chemical 
may present an unreasonable risk. For existing chemicals, EPA may 
regulate a chemical for which it finds a reasonable basis exists to 
conclude that it presents or will present an unreasonable risk. 
Further, TSCA requires EPA to choose the regulatory action that is 
least burdensome in mitigating the unreasonable risk. However, EPA has 
found it difficult to promulgate rules under this standard. Under 
REACH, chemical companies must obtain authorization to use chemicals 
that are listed as chemicals of very high concern. Generally, to obtain 
such authorization, chemical companies need to demonstrate that they 
can adequately control risks posed by the chemical or otherwise ensure 
that the chemical is used safely. 

TSCA and REACH both have provisions to protect information claimed by 
chemical companies as confidential or sensitive business information 
but REACH requires greater public disclosure of certain information, 
such as basic chemical properties, including melting and boiling 
points. In addition, REACH places greater restrictions on the kinds of 
information chemical companies may claim as confidential. 

What GAO Recommends: 

GAO is making no recommendations. 

[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-07-825]. 

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

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

REACH Requires Chemical Companies to Develop More Information than TSCA 
on the Effects of Chemicals on Human Health and the Environment: 

TSCA Generally Requires EPA to Demonstrate That Chemicals Will Cause 
Unreasonable Risk While REACH Requires Chemical Companies to Ensure No 
Adverse Chemical Effects: 

Both TSCA and REACH Have Provisions to Make Certain Information 
Available to the Public, but REACH Requires Greater Public Disclosure: 

Concluding Observations: 

Agency Comments and GAO Response: 

Appendix I: Scope and Methodology: 

Appendix II: Comparison of Selected Provisions of U.S. Toxic Substances 
Control Act and the EU's Registration, Evaluation and Authorization of 
Chemicals: 

Appendix III: Additional Options For Strengthening EPA's Ability to 
Assess and Regulate Chemicals under TSCA: 

Appendix IV: Summary of Chemical Hazard Information Requirements under 
REACH, TSCA, and the HPV Challenge Program by: 

Appendix V: Comments from the Environmental Protection Agency: 

Appendix VI: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Comparison of the Number of Chemical Tests Potentially 
Occurring by Production Volume under TSCA, the HPV Challenge Program, 
and REACH (shown in metric tons): 

Table 2: Comparison of Chemical Information Requirements by Increasing 
Production Volume for the EU and the United States (highlighted): 

Abbreviations: 

CBI: confidential business information: 

EINECS: European Inventory of Existing Commercial Chemical Substances: 

EPA: Environmental Protection Agency: 

EU: European Union: 

HPV: High Production Volume: 

IUR: Inventory Update Rule: 

MTB: Emethyl-t-butyl ether: 

NPPTAC: National Pollution Prevention and Toxics Advisory Committee: 

OECD: Organization for Economic Cooperation and Development: 

OPPT: Office of Pollution Prevention and Toxics: 

PBT: persistent, bioaccumulative, and toxic: 

PCB: polychlorinated biphenyls: 

PMN: premanufacture notice: 

REACH: Registration, Evaluation and Authorization of Chemicals: 

SAR: Structure Activity Relationship: 

SNUR: significant new use rule: 

TSCA: Toxic Substances Control Act: 

VCCEP: Voluntary Children's Chemical Evaluation Program: 

vPvB: very persistent, very bioaccumulative: 

United States Government Accountability Office: 

Washington, DC 20548: 

August 17, 2007: 

The Honorable Barbara Boxer: 
Chair, Committee on Environment and Public Works: 
United States Senate: 

The Honorable Frank R. Lautenberg: 
United States Senate: 

Each year thousands of chemicals are used by U.S. industries to produce 
items widely used throughout society, including consumer products such 
as cleansers, paints, plastics, and fuels as well as industrial 
solvents and additives. While chemicals play an important role in 
people's everyday lives, some may adversely affect human health and the 
environment and need to be regulated to address health and safety 
risks. Because of concerns that current legislation may not be adequate 
to protect human health and the environment, congressional interest in 
revising chemical control laws has heightened in recent years. 

In 1976, the Congress passed the Toxic Substances Control Act (TSCA), 
which authorizes the Environmental Protection Agency (EPA) to obtain 
existing data from and require testing by chemical companies concerning 
the environmental and health effects of chemical substances. TSCA 
authorizes EPA to promulgate rules to regulate the manufacture, 
distribution, or use of chemicals once EPA has determined the chemicals 
present an unreasonable risk of injury to health or the environment. In 
promulgating a rule to control activities based on a finding of 
unreasonable risk, EPA must consider, among other things, (1) the 
chemical's effects on human health and the environment and the 
magnitude of human and environmental exposure to the chemical; (2) the 
benefits of the chemical for various uses and the availability of 
substitutes for those uses; and (3) the reasonably ascertainable 
consequences of the rule, after consideration of the effect on the 
national economy, small businesses, technological innovation, the 
environment, and public health. 

TSCA addresses those chemicals manufactured or imported into the United 
States, but it excludes certain substances because they are regulated 
under other laws, such as pesticides that are regulated under the 
Federal Insecticide, Fungicide, and Rodenticide Act, and 
pharmaceuticals that are regulated under the Federal Food, Drug, and 
Cosmetics Act. Whereas other environmental and occupational health and 
safety laws generally control only disposal, environmental releases, or 
workplace exposures, under TSCA, EPA can control the entire life cycle 
of chemicals from their production, distribution in commerce, and use, 
to their disposal. 

TSCA authorizes EPA to assess chemicals before they enter commerce (new 
chemicals) and those chemicals already in commerce (existing 
chemicals). EPA maintains a list of chemicals in commerce called 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, EPA has reviewed more than 
45,000 new chemicals, of which approximately 20,000 were added to the 
inventory after chemical companies began manufacturing them. 

To implement TSCA, EPA has developed programs to assess and require 
testing of chemicals, and manage identified potential risks from new 
and existing chemicals. To assess risks, EPA reviews information it 
obtains from companies and other sources on a chemical's potential 
exposure levels and its potential adverse effects on human health and 
the environment. If EPA finds that a reasonable basis exists to 
conclude that a chemical presents or will present an unreasonable risk 
to human health or the environment, EPA can promulgate a rule to ban or 
restrict the chemical's production, processing, distribution in 
commerce, use, or disposal, or to require that warning labels be placed 
on the chemical. 

Information about a chemical's effects on human health or the 
environment are useful to the public in making informed decisions about 
the products they use and the risks of chemicals that may be produced 
or used in nearby facilities. Information about a chemical's hazards 
includes data on physical properties (such as melting point or 
flammability) and health and environmental effects (such as skin 
irritation, cancer, birth defects, or toxicity to plants and animals). 
However, certain information, such as the chemical's identity, that EPA 
collects under TSCA is not always available to the public. In order to 
protect trade secrets and privileged or confidential commercial or 
financial information, TSCA allows chemical companies to designate 
information provided to EPA as confidential and, if it meets certain 
criteria, EPA must protect this information from disclosure. 

Like the United States, the European Union (EU) has laws and 
regulations governing the manufacturing and use of chemicals. However, 
the EU has recently revised, but has not yet implemented, its chemical 
control policy through legislation known as Registration, Evaluation 
and Authorization of Chemicals (REACH). The purpose of REACH is to 
ensure a high level of protection of human health and the environment 
while enhancing competitiveness and innovation in the chemical 
industry. REACH went into effect on June 1, 2007, and many of its 
provisions will be phased in over an 11-year period. A newly created 
European Chemicals Agency that will administer REACH is currently being 
organized and staffed. 

In this context, you asked that we provide comparative information on 
TSCA and REACH. Specifically, you asked that we compare the approaches 
used under TSCA and REACH for (1) requiring chemical companies to 
develop information on their chemicals' effects on human health and the 
environment; (2) controlling risks from the production, distribution, 
or use of chemicals; and (3) making information on chemicals available 
to the public while protecting confidential business information (CBI). 
In addressing these issues, we also obtained information on some of 
EPA's voluntary chemical control programs designed to complement TSCA. 
In addition, we identified some legislative revisions that we have 
reported on in previous reports as options for strengthening EPA's 
ability to assess and regulate chemicals under TSCA. Information on 
these revisions is presented in appendix III. 

To compare TSCA and REACH in their approaches to identifying chemicals 
harmful to public health and the environment, controlling chemical 
risks, and disclosing chemical data to the public while protecting 
confidential business information, we identified and analyzed the 
policies and guidelines of the United States and the EU on these 
issues. These efforts were augmented by interviews with (1) EPA 
officials responsible for implementing TSCA including the Director of 
EPA's Office of Pollution Prevention and Toxics (OPPT), the EPA office 
with primary responsibility for implementing TSCA, and (2) EU officials 
who helped develop and who will be involved in implementing REACH, 
including the Environment Counselor for the Delegation of the European 
Commission to the United States. We also interviewed representatives of 
the American Chamber of Commerce to the European Union, American 
Chemistry Council (a national chemical manufacturers association), 
Environmental Defense (a national, nonprofit environmental advocacy 
organization), the European Chemical Industry Council (an EU chemical 
manufacturers' association), the European Environmental Bureau (a 
federation of environmental advocacy organizations based in the EU), 
and the Synthetic Organic Chemical Manufacturers Association (a 
national, specialty chemical manufacturers' association). We also 
gathered documentation on EPA's voluntary programs. A detailed 
description of our scope and methodology is presented in appendix I. We 
performed our work between January 2006 and May 2007 in accordance with 
generally accepted government auditing standards. 

Results in Brief: 

REACH generally requires chemical companies to develop and share with 
government regulators information on the effects of the chemicals they 
produce on human health and the environment, while TSCA generally does 
not. For example, under REACH, chemical companies provide, and in some 
cases develop, information on chemicals' physical/chemical properties 
and health and environmental effects for both new and existing 
chemicals produced over specified volumes. REACH also provides 
regulators the general authority to require chemical companies to 
provide additional test data and other information when necessary to 
evaluate a chemical's risk to human health and the environment. In 
contrast, TSCA places the burden on EPA to demonstrate that data on 
health and environmental effects are needed before requiring chemical 
companies to develop the data. In this regard, while TSCA requires 
chemical companies to notify EPA before producing or importing a new 
chemical, it does not require chemical companies to develop and provide 
data on health and environmental effects unless EPA promulgates a rule 
requiring them to do so. In promulgating such a rule, EPA must 
demonstrate that data already available are insufficient and that 
either (1) the chemical may present an unreasonable risk or (2) 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. 

REACH is based on the principle that chemical companies have the 
responsibility to demonstrate that the chemicals they place in the 
market, distribute, or use do not adversely affect human health or the 
environment, while TSCA generally requires EPA to demonstrate that 
chemicals pose risks to human health or the environment prior to 
controlling risks related to their production, distribution, or use. 
Under REACH, chemical companies must obtain authorization to continue 
to use a chemical of very high concern, such as a chemical for which 
there is scientific evidence of probable serious health or 
environmental effects. Generally, to obtain such authorization, each 
chemical company needs to demonstrate that it can adequately control 
risks posed by the chemical, such as by requiring that workers wear 
safety equipment when working with the chemical or otherwise ensuring 
that the chemical is produced under safe conditions. If the chemical 
company cannot provide evidence of adequate control, authorization 
would be granted only if the socioeconomic advantages of a specific use 
of the chemical are greater than its potential risks, and if there are 
no suitable alternatives or technologies. Under TSCA, EPA has differing 
authorities to control the risks posed by new and existing chemicals. 
For new chemicals, EPA can restrict a chemical's production or use if 
the agency determines that insufficient information exists to permit a 
reasoned evaluation of the health and environmental effects of the 
chemical and that, in the absence of such information, the chemical may 
present an unreasonable risk to human health or the environment; the 
chemical is or will be produced in substantial quantities and either 
enters or may reasonably be anticipated to enter the environment in 
substantial quantities; or there is or may be significant or 
substantial human exposure to the substance. For existing chemicals, 
EPA may regulate those chemicals for which it finds a reasonable basis 
exists to conclude that they present or will present an unreasonable 
risk to human health or the environment. In this regard, EPA can 
promulgate a rule that bans or restricts the chemical's production, 
processing, distribution in commerce, use, or disposal, or that 
requires warning labels be placed on the chemical. However, TSCA 
requires EPA to choose the least burdensome requirement on the chemical 
industry that will adequately protect against the risk. 

TSCA and REACH both have provisions to protect information claimed by 
chemical companies as confidential or sensitive business information; 
however, REACH requires greater public disclosure of certain 
information, including information about (1) basic chemical properties 
such as melting and boiling points and (2) analytical methods that make 
it possible to detect a dangerous substance when discharged into the 
environment and to determine the effects of direct exposure to humans. 
In addition, REACH places greater restrictions on the kinds of 
information companies may claim as confidential or sensitive. For 
example, REACH generally does not allow confidentiality claims to apply 
to the chemical's trade name, it and does not allow such claims to 
apply to guidance on the chemical's safe use. 

Background: 

In the last several decades, Congress has passed various legislation to 
increase federal agencies' abilities to identify and address the health 
and environmental risks associated with toxic chemicals and to address 
such risks. Some of these laws, such as the Clean Air Act; the Clean 
Water Act; the Federal Food, Drug and Cosmetic Act; and the Federal 
Insecticide, Fungicide, and Rodenticide Act authorize the control of 
hazardous chemicals in, among other things, the air, water, and soil 
and in food, drugs, and pesticides. Other laws, such as the 
Occupational Safety and Health Act and the Consumer Product Safety Act, 
can be used to protect workers and consumers from unsafe exposures to 
chemicals in the workplace and the home. Nonetheless, the Congress 
found that human beings and the environment were being exposed to a 
large number of chemicals and that some could pose an unreasonable risk 
of injury to health or the environment. In 1976, the Congress passed 
TSCA to provide EPA with the authority to obtain information on 
chemicals and regulate those substances that pose an unreasonable risk 
to human health or the environment.[Footnote 1] While other 
environmental and occupational health laws generally control only the 
release of chemicals in the environment, exposures in the workplace, or 
the disposal of chemicals, TSCA allows EPA to control the entire life 
cycle of chemicals from their production and distribution to their use 
and disposal.[Footnote 2] 

In October 2003, the European Commission[Footnote 3] presented a 
proposal for a new EU regulatory system for chemicals. REACH was 
proposed because the Commission believed that the current legislative 
framework for chemicals in the EU did not produce sufficient 
information about the effects of chemicals on human health and the 
environment. In addition, the risk assessment process was slow and 
resource-intensive and did not allow the regulatory system to work 
efficiently and effectively. Under REACH, authority exists to establish 
restrictions for any chemical that poses unacceptable risks and to 
require authorization for the use of chemicals identified as being of 
very high concern. These restrictions could include banning uses in 
certain products, banning uses by consumers, or even completely banning 
the chemical. Authorization will be granted if a given manufacturer can 
demonstrate that the risks from a given use of the chemical can be 
adequately controlled if a threshold can be determined for the 
chemical. Or, if no threshold can be determined, the manufacturer has 
to demonstrate that the socioeconomic benefits outweigh the risks 
associated with continued use and that there are no suitable 
alternatives or technologies available. In addition, a key aspect of 
REACH is that it places the burden on manufacturers, importers, and 
downstream users to ensure that they manufacture, place on the market, 
or use such substances that do not adversely affect human health or the 
environment. Its provisions are underpinned by the precautionary 
principle.[Footnote 4] REACH was approved in December 2006 and went 
into effect in June 2007. To avoid overloading regulators and companies 
with the work arising from the registration process, full 
implementation of all the provisions of REACH will be phased in over an 
11-year period (or by 2018). 

REACH Requires Chemical Companies to Develop More Information than TSCA 
on the Effects of Chemicals on Human Health and the Environment: 

TSCA does not require companies to develop information for either new 
or existing chemicals, whereas REACH generally requires companies to 
submit and, in some circumstances, requires companies to develop such 
information for both kinds of chemicals. For new chemicals, TSCA 
requires companies to submit to EPA any available human health and 
environmental data, but companies do not have to develop additional 
information unless EPA requires additional test data through a test 
rule or other EPA action. For existing chemicals, companies do not have 
to develop such information unless EPA requires them to do so. In 
contrast, companies generally are required under REACH to provide and 
develop where needed the European Chemicals Agency with health and 
environmental data. The extent of such data depends on the annual 
production volume of the chemical. 

TSCA Does Not Require Chemical Companies to Develop Information on the 
Hazards of New Chemicals: 

TSCA does not require chemical companies to test new chemicals for 
their effect on human health or the environment, but it requires 
companies to submit such information if it already exists when they 
submit a premanufacture notice (PMN) notifying EPA of their intent to 
manufacture a new chemical. This notice provides, among other things, 
certain information on the chemical's intended uses and potential 
exposure. TSCA also requires chemical companies to submit data and 
other information on the physical/chemical properties, fate, or health 
and environmental effects of a chemical, which we refer to in this 
report as "hazard information," that the companies possesses or is 
reasonably ascertainable by them when they submit a PMN to EPA. In part 
because TSCA does not require chemical companies to develop hazard 
information before submitting a PMN, EPA employs several other 
approaches for assessing hazards, including using models that compare 
new chemicals with existing chemicals with similar molecular structures 
for which test data on health and environmental effects are available. 
In June 2005, we recommended that EPA develop a strategy for improving 
and validating the models that EPA uses to assess and predict the 
hazards of chemicals.[Footnote 5] EPA is currently devising such a 
strategy, according to agency officials. 

EPA receives approximately 1,500 new chemical notices each year, half 
of which are exemption requests,[Footnote 6] and has reviewed more than 
45,000 from 1979 through 2005.[Footnote 7] PMNs include information 
such as specific chemical identity estimated maximum production volume 
for 12 months of production a description of how the chemical will be 
processed and used and estimates of how many workers may be exposed to 
the chemical. Additionally, EPA requires that the following information 
be submitted with a PMN: all existing health and environmental data in 
the possession of the submitter, parent company, or affiliates, and a 
description of any existing data known to or reasonably ascertainable 
by the submitter. EPA estimates that most PMNs do not include test data 
of any type, and only about 15 percent include health and safety data-
-such as acute toxicity or skin and eye irritation data. 

In some cases, EPA may determine during the review process that more 
data are needed for an analysis of a chemical's potential risks and 
often will negotiate an agreement with the chemical company to conduct 
health hazard or environmental effects testing. According to EPA, more 
than 300 testing agreements have been issued since EPA began reviewing 
new chemicals in 1979. In some cases, however, the chemical company may 
voluntarily withdraw the PMN rather than incur the costs of hazard 
testing requested by EPA, or for other reasons. EPA does not maintain 
records as to how many PMNs chemical companies have withdrawn because 
of potential EPA action. 

TSCA Does Not Require Chemical Companies to Develop Hazard Information 
for Existing Chemicals, and EPA Uses Regulatory and Voluntary Programs 
to Gather Such Information for Certain Chemicals: 

While TSCA does not require chemical companies to develop information 
on the harmful effects of existing chemicals on human health or the 
environment, TSCA provides that EPA, by issuing a test rule, can 
require such information on a case-by-case basis. Before promulgating 
such a rule EPA must find, among other things, that current data are 
insufficient, testing is necessary, and that either (1) the chemical 
may present an unreasonable risk or (2) 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. EPA 
officials responsible for administering the act said that TSCA's test 
rule provision and data-gathering authorities can be burdensome and too 
time consuming for EPA to administer. Because EPA has limited 
information on existing chemicals and the difficulty in promulgating 
test rules, EPA uses voluntary programs to help gather more data to 
assess risks on certain chemicals. 

While TSCA authorizes EPA to require testing of existing chemicals, the 
act does not authorize the agency to do so unless EPA first determines 
on the basis of risk or exposure information that the chemicals warrant 
such testing. TSCA provides EPA the authority to obtain hazard 
information needed to assess chemicals by issuing rules under Section 4 
of TSCA requiring chemical companies to test to determine the health 
and environmental effects of chemicals and submit the test data to EPA. 
However, in order for EPA to issue a test rule, the agency must 
determine that a chemical (1) may present an unreasonable risk of 
injury to health or the environment or (2) is or will be produced in 
substantial quantities and (a) there is or may be significant or 
substantial human exposure to the chemical or (b) it enters or may 
reasonably be anticipated to enter the environment in substantial 
quantities. EPA must also determine that there are insufficient data to 
reasonably determine or predict the effects of the chemical on health 
or the environment and that testing is necessary to develop such data. 
Once EPA has made the required determination, the agency can issue a 
proposed rule for public comment, consider the comments it receives, 
and promulgate a final rule ordering chemical testing. OPPT officials 
responsible for implementing TSCA told us that finalizing rules under 
Section 4 of TSCA can take from 2 to 10 years and require the 
expenditure of substantial resources. EPA has used its authority to 
require testing for about 200 existing chemicals since the agency began 
reviewing chemicals under TSCA in 1979. EPA does not maintain estimates 
of the cost of implementing these rules. However, in our September 1994 
report on TSCA, we noted that EPA officials told us that issuing a rule 
under Section 4 can cost up to a $234,000.[Footnote 8] Given the 
difficulties and cost of requiring testing, EPA could review 
substantially more chemicals in less time if it had authority to 
require chemical companies to conduct testing and provide test data on 
chemicals once they reach a substantial production volume. In June, 
2005, we stated that Congress may wish to consider amending TSCA to 
provide EPA such authority.[Footnote 9] 

As an alternative to formal rule making, EPA asserts that Section 4 of 
TSCA provides EPA implied authority to enter into "enforceable consent 
agreements" with chemical companies that would require them to conduct 
testing when there is insufficient data available to assess a 
chemical's risk. EPA uses enforceable consent agreements to accomplish 
testing where a consensus exists among EPA, affected manufacturers and/ 
or processors, and interested members of the public concerning the need 
for and scope of testing. According to EPA, these agreements allow 
greater flexibility in the design of the testing program and 
negotiating these agreements is generally less costly and time 
consuming than promulgating test rules. EPA has entered into consent 
agreements with chemical companies to develop tests for about 60 
chemicals where the agency determined additional data were needed to 
assess the chemical's risk. 

Under Section 8 of TSCA, EPA promulgates rules directing chemical 
companies to maintain records and submit such information as the EPA 
Administrator reasonably requires. This information can include, among 
other things, chemical identity, categories of use, production levels, 
by-products, existing data on adverse health and environmental effects, 
and the number of workers exposed to the chemical. Section 8(d) 
authorizes EPA to promulgate rules under which chemical companies are 
required to submit lists or copies of any health and safety studies to 
EPA. Finally, Section 8 requires chemical companies to report any 
information to EPA that reasonably supports a conclusion that a 
chemical presents a substantial risk of injury to health or the 
environment. 

According to EPA, the agency has issued about 50 Section 8(d) rules 
covering approximately 1,000 chemicals. As a result of these rules, EPA 
has received nearly 50,000 studies covering environmental fate, human 
health effects, and environmental effects. However, TSCA Section 8(d) 
only applies to existing studies and does not require companies to 
develop new studies. 

The TSCA Inventory Update Rule (IUR),[Footnote 10] currently requires 
chemical companies to report every 5 years to EPA the site and 
manufacturing information for chemicals in the TSCA inventory that they 
manufacture or import in amounts of 25,000 pounds or greater at a 
single site. For the most current reporting cycle and for subsequent 
reporting cycles, chemical companies must report additional 
information--such as uses, the types of consumer products the chemical 
will be used in--including those intended for use by children, and the 
number of workers who could potentially be exposed--for chemicals 
manufactured or imported in amounts of 300,000 pounds or more at a 
single site.[Footnote 11] 

In response to the lack of information on existing chemicals and the 
relative difficulty the agency faces in requiring companies to conduct 
additional testing under TSCA, EPA has taken efforts to increase the 
amount of the information it can access on chemicals by implementing a 
voluntary program called the High Production Volume (HPV) Challenge 
Program. The HPV Challenge Program focuses on obtaining chemical 
company sponsors to voluntarily provide data on approximately 2,800 
chemicals that chemical companies reported in 1990 were domestically 
produced or imported at a high volume--over 1 million pounds. Through 
this program, sponsors develop a basic set of screening level 
information on the chemicals either by gathering available data, using 
models to predict the chemicals' properties, or conducting testing of 
the chemicals. The six data endpoints collected under the HPV Challenge 
Program are acute toxicity, repeat dose toxicity, developmental and 
reproductive toxicity, mutagenicity, ecotoxicity, and environmental 
fate.[Footnote 12] EPA believes that these basic data are needed to 
make an informed, preliminary judgment about the hazards of HPV 
chemicals. In June 2005, we recommended that EPA develop a methodology 
for using information collected through the HPV Challenge Program to 
prioritize chemicals for further review.[Footnote 13] EPA's Director of 
OPPT told us the agency developed such a methodology as data from 
chemical companies became available and are currently applying the 
methodology to assess HPV chemicals. The methodology was developed 
based on input received from an advisory committee, the National 
Pollution Prevention and Toxics Advisory Committee (NPPTAC)[Footnote 
14]. 

Despite these promising voluntary efforts regarding high-production- 
volume chemicals, several difficulties remain, as we have noted in our 
prior work.[Footnote 15] For example, (1) chemical companies have not 
agreed to test approximately 300 chemicals identified by EPA as high-
production-volume chemicals; (2) additional chemicals will become high-
production chemicals in the constantly changing commercial chemical 
marketplace; and (3) chemicals without a particularly high-production 
volume may also warrant testing, based on their toxicity and the nature 
of exposure to them. In addition, this program may not provide enough 
information for EPA to use in making risk-assessment decisions. While 
the data in the HPV Challenge Program and the new exposure and use 
reporting under the IUR may help EPA prioritize chemicals of concern, 
the data may not provide sufficient evidence for EPA to determine 
whether a reasonable basis exists to conclude that the chemical 
presents an unreasonable risk of injury to health or the environment 
and that regulatory action is necessary. Although the chemical industry 
may be willing to take action, even before EPA has the evidence 
required for rule making under TSCA, the industry is nonetheless large 
and diverse, and it is uncertain that all companies will always take 
action voluntarily. 

To ensure that adequate data are made publicly available to assess the 
special impact that industrial chemicals may have on children, EPA 
launched the Voluntary Children's Chemical Evaluation Program (VCCEP). 
In December 2000, EPA implemented VCCEP first as a pilot program. EPA's 
goal is to learn from this pilot program before a final VCCEP process 
is determined and before additional chemicals are selected. For the 
VCCEP pilot, EPA identified 23 commercial chemicals to which children 
have a high likelihood of exposure and the information needed to assess 
the risks to children from these chemicals. Recently, EPA requested 
comments on the implementation of the pilot program from stakeholders 
and other interested parties but has not yet responded to the comments 
or evaluated the program for its effectiveness. 

EPA is running a pilot of the VCCEP so it can gain insight into how 
best to design and implement the VCCEP in order to effectively provide 
the agency and the public with the means to understand the potential 
health risks to children associated with exposure to these and 
ultimately other chemicals to which children may be exposed. EPA 
intends the pilot to be the means of identifying efficiencies that can 
be applied to any subsequent implementation of the VCCEP. Another 
purpose for running the pilot is the opportunity it will offer to test 
the performance of the peer consultation process. For the VCCEP pilot, 
the purpose of the peer consultation process is to provide a forum for 
scientists and relevant experts from various stakeholder groups to 
exchange scientific views on the chemical sponsor's data submissions 
and in particular on the recommended data needs. 

Under the VCCEP pilot, EPA is pursuing a three-tiered approach for 
gathering information, with tier 3 involving more detailed toxicology 
and exposure studies than tier 2, and tier 2 involving more detailed 
toxicology and exposure studies than tier 1. EPA asked companies that 
produce and/or import 23 specific chemicals to volunteer to sponsor 
their chemical in the first tier of the VCCEP pilot. EPA selected these 
23 chemicals because the agency believed them to be especially relevant 
to children's chemical exposures, such as the presence of the chemical 
in human tissue or blood, in food and water children eat and drink, and 
in air children breathe. In addition, many of these chemicals were 
known to be relatively "data rich" in that chemical data were already 
available. Chemical companies have volunteered to sponsor 20 of the 23 
chemicals in the VCCEP. EPA believes that these 20 chemicals provide an 
adequate basis for evaluating the VCCEP pilot. 

Chemical companies volunteering to sponsor a chemical under the program 
have agreed to make chemical-specific public commitments to make 
certain hazard, exposure, and risk assessment data and analyses 
publicly available. For toxicity data, specific types of studies have 
been assigned to each of the three tiers. For exposure data, the depth 
of exposure information increases with each tier. If data needs are 
identified through the peer consultation process, the sponsor will 
choose whether to volunteer for any additional data generation or 
testing and whether to provide additional assessments in subsequent 
tiers. However, company sponsors are under no obligation to volunteer 
for tiers 2 and 3, even if EPA determines additional information is 
needed. After the submission of tier 1 information and its review by 
the peer consultation group--consisting of scientific experts with 
extensive and broad experience in toxicity testing and exposure 
evaluations--EPA reviews the sponsor's assessment and develops a 
response, focusing primarily on whether any additional information is 
needed to adequately evaluate the potential risks to children. If 
additional information is needed, EPA will indicate what information 
should be provided in tier 2. Companies will then be given an 
opportunity to sponsor chemicals at tier 2. EPA plans to repeat this 
process to determine whether tier 3 information is needed. Information 
from all three tiers may not always be necessary to adequately evaluate 
the risk to children. 

According to EPA officials, since the program's inception, sponsors 
have submitted 15 of the 20 assessments on chemicals to EPA and the 
peer consultation group. The peer consultation group has issued reports 
on 13 of the 15 chemical submissions. EPA has issued Data Needs 
Decisions on 11 of these 13 chemicals for which EPA determined that 5 
chemicals needed additional data. One of the sponsors agreed to commit 
to tier 2 and to provide the additional data to EPA. The sponsor of two 
other chemicals declined to commit to tier 2 since it had ceased 
manufacturing the chemicals in 2004. The sponsor of the other 2 
chemicals told EPA it will decide whether to commit to the additional 
testing by the end of July 2007. 

In November 2006, EPA requested comments on the implementation of the 
pilot program from stakeholders and interested parties. As part of its 
request for comments, EPA included a list of questions that the agency 
believed would be helpful in its evaluation of the pilot program. The 
questions ranged from asking about the sufficiency of the hazard, 
exposure, and risk assessments provided by the chemical sponsors; to 
the effectiveness and efficiency of the peer review panel; to the 
timeliness of the VCCEP pilot in providing data. EPA received comments 
from 11 interested parties, including from industry representatives, 
environmental organizations, children's health advocacy groups, and 
other interested parties. Generally, the industry groups provided 
positive comments about the pilot while the children's health advocacy 
and environmental groups provided negative comments about VCCEP. For 
example, the American Chemistry Council commented that the pilot is 
proceeding well, the current tiered approach is sound, and that only 
minimal improvements are needed. One of the improvements the chemistry 
council suggested is that EPA should make the data generated under the 
pilot more accessible to the public, other EPA program offices, and to 
other federal and state agencies. Conversely, the American Academy of 
Pediatrics[Footnote 16] commented that the VCCEP pilot is failing in 
its goal to provide timely or useful information on chemical exposures 
and their implications to the public or to health care providers. EPA 
plans to prepare a comments document summarizing the comments received 
from the stakeholders and publish it on the VCCEP Web site.[Footnote 
17] In addition, EPA plans to have a final evaluation of the 
effectiveness of the VCCEP pilot in late 2007. 

REACH Requires Chemical Companies to Submit Hazard Information for New 
and Existing Chemicals That Meet Specified Production and Toxicity 
Levels: 

REACH created a single system for the regulation of new and existing 
chemicals and, once implemented, will generally require chemical 
companies to register chemicals produced or imported at 1 ton or more 
per producer or importer per year with a newly created European 
Chemicals Agency.[Footnote 18] Information requirements with 
registration will vary according to the production volume and suspected 
toxicity of the chemical. 

For chemicals produced at 1 ton or more per producer or importer per 
year, chemical companies subject to registration will be required to 
submit information for the chemical, such as the chemical's identity; 
how it will be produced; how it will be used; guidance on its safe use; 
exposure information; and study summaries of physical/chemical 
properties and their effects on human health or the environment. REACH 
specifies the amount of information to be included in the study 
summaries based on the chemical's production volume, i.e., how much of 
the chemical will be produced or imported each year. The information 
requirements may be met through a variety of methods, including 
existing data, scientific modeling, or testing. REACH separates the 
production volume information requirements into four metric tonnage 
bands--1 ton or more, 10 tons or more, 100 tons or more, and 1,000 tons 
or more. Hazard information must be submitted for each tonnage band 
with each higher band requiring the information for the lower bands in 
addition to the ones specified for that band.[Footnote 19] For example, 
at the one or more tonnage band, REACH requires information on 
environmental effects that include short-term toxicity on 
invertebrates, toxicity to algae, and ready biodegradability. At the 10 
or more tonnage band, REACH requires such information in addition to a 
chemical safety assessment, which includes an assessment of the 
chemical's human health and environmental hazards; a physiochemical 
hazard assessment; an environmental hazard assessment; and an 
assessment of the chemical's potential to be a persistent, 
bioaccumulative, and toxic pollutant, which are chemicals that create 
pollutants that persist in the environment, bioaccumulate in food 
chains, and are toxic. 

Table 1 shows the total number of chemical endpoints--the chemical or 
biological effect that is assessed by a test method--required for 
chemicals produced at various production volumes, where applicable, for 
TSCA, the HPV Challenge Program, and REACH. While industry 
participation in the EPA's HPV Challenge Program is voluntary, we have 
included information on the number of endpoints to be produced for 
chemicals in the program for comparison purposes. As the table shows, 
companies will provide a greater number of endpoints on chemicals under 
REACH than TSCA or the HPV Challenge Program. Additionally, appendix IV 
provides a listing of specific information requirements or endpoints 
for three testing categories: physical/chemical, human health, and 
environmental effects/fates. 

Table 1: Comparison of the Number of Chemical Tests Potentially 
Occurring by Production Volume under TSCA, the HPV Challenge Program, 
and REACH (shown in metric tons): 

Physical/chemical; 
U.S. TSCA chemicals: New[A]: 100 metric tons or more: 1; 
U.S. TSCA chemicals: Existing[B]: 0; 
U.S. HPV Challenge Program: 454 metric tons or more[B]: 5; 
EU REACH: 1 metric ton or more[C]: 14; 
EU REACH: 10 metric tons or more: 17; 
EU REACH: 100 metric tons or more: 17; 
EU REACH: 1,000 metric tons or more: 17. 

Human health; 
U.S. TSCA chemicals: New[A]: 100 metric tons or more: 4; 
U.S. TSCA chemicals: Existing[B]: 0; 
U.S. HPV Challenge Program: 454 metric tons or more[B]: 6; 
EU REACH: 1 metric ton or more[C]: 5; 
EU REACH: 10 metric tons or more: 12; 
EU REACH: 100 metric tons or more: 15; 
EU REACH: 1,000 metric tons or more: 16. 

Environmental effects/fate; 
U.S. TSCA chemicals: New[A]: 100 metric tons or more: 9; 
U.S. TSCA chemicals: Existing[B]: 0; 
U.S. HPV Challenge Program: 454 metric tons or more[B]: 7; 
EU REACH: 1 metric ton or more[C]: 3; 
EU REACH: 10 metric tons or more: 7; 
EU REACH: 100 metric tons or more: 16; 
EU REACH: 1,000 metric tons or more: 21. 

Source: GAO analysis of TSCA, HPV Challenge Program, and REACH data. 

Note: The number of tests shown is approximate and represents high-end 
estimates as many of the tests are conditional and may not need to be 
conducted if the data or endpoints can be obtained from other sources 
such as existing data or modeling, or are not relevant for the 
applicable chemical. 

[A] For TSCA, we have included test data for new chemicals that 
chemical companies plan to produce at high volumes within a few years 
of introducing the chemical to the marketplace. While TSCA does not 
require companies to produce or provide this information, EPA officials 
said that companies generally produce and provide this information if 
EPA requests it or if required to under the terms of a TSCA Section 
5(e) order. 

[B] Under TSCA, existing chemicals have no test/endpoint data 
requirements. 

[C] The production volume for the HPV Challenge Program of 1 million 
pounds was converted to metric tons for comparison purposes. 

[End of table] 

TSCA Generally Requires EPA to Demonstrate That Chemicals Will Cause 
Unreasonable Risk While REACH Requires Chemical Companies to Ensure No 
Adverse Chemical Effects: 

Both TSCA and REACH provide regulators with authorities to control 
chemical risks by restricting the production or use of both new and 
existing chemicals. Under TSCA, EPA must generally compile data needed 
to assess the potential risks of chemicals and must also develop 
substantial evidence in the rule-making record in order to withstand 
judicial review. However, REACH is based on the principle that chemical 
companies--manufacturers, importers, and downstream users[Footnote 20]--
should ensure that the chemicals they manufacture, place on the market, 
or use do not adversely affect human health or the environment. 

EPA Has Had Difficulty Proving That Chemicals Pose Unreasonable Risks 
and Has Regulated Few Existing Chemicals under Section 6 of TSCA: 

Even when EPA has toxicity and exposure information on existing 
chemicals, the agency has had difficulty demonstrating that chemicals 
present or will present an unreasonable risk and that they should have 
limits placed on their production or use. Since the Congress enacted 
TSCA in 1976, EPA has issued regulations under Section 6 of the act to 
limit the production or restrict the use of five existing chemicals or 
chemical classes. The five chemicals or chemical classes are 
polychlorinated biphenyls (PCB), fully halogenated chlorofluoroalkanes, 
dioxin, asbestos, and hexavalent chromium. In addition, under Section 
5(a)(2) of TSCA, for 160 existing chemicals, EPA issued significant new 
use rules that require chemical companies to submit notices to EPA 
prior to commencing the manufacture, import, or processing of the 
substance for a significant new use. 

In order to regulate an existing chemical under Section 6(a) of TSCA, 
EPA must find that there is a reasonable basis to conclude that the 
chemical presents or will present an unreasonable risk of injury to 
health or the environment. Before regulating a chemical under Section 
6(a), the EPA Administrator must consider and publish a statement 
regarding: 

* the effects of the chemical on human health and the magnitude of 
human exposure to the chemical; 

* the effects of the chemical on the environment and the magnitude of 
the environment's exposure to the chemical; 

* the benefits of the chemical for various uses and the availability of 
substitutes for those uses; and: 

* the reasonably ascertainable economic consequences of the rule, after 
consideration of the effect on the national economy, small business, 
technological innovation, the environment, and public health. 

Further, the regulation must apply the least burdensome requirement 
that will adequately protect against such risk. For example, if EPA 
finds that it can adequately manage the unreasonable risk of a chemical 
through requiring chemical companies to place warning labels on the 
chemical, EPA could not ban or otherwise restrict the use of that 
chemical. 

Additionally, if the EPA Administrator determines that a risk of injury 
to health or the environment could be eliminated or sufficiently 
reduced by actions under another federal law, then TSCA prohibits EPA 
from promulgating a rule under Section 6(a) of TSCA, unless EPA finds 
that it is in the public interest considering all aspects of the risk, 
the estimated costs of compliance, and the relative efficiency of such 
action to protect against risk of injury. 

Finally, EPA must also develop substantial evidence in the rule-making 
record in order to withstand judicial review. Under TSCA, a court 
reviewing a TSCA rule "shall hold [it] unlawful and set [it] aside…if 
the court finds that the rule is not supported by substantial evidence 
in the rule-making record." According to EPA officials responsible for 
administering TSCA, the economic costs of regulating a chemical are 
usually more easily documented than the risks of the chemical or the 
benefits associated with controlling those risks, and it is difficult 
to show by substantial evidence that EPA is promulgating the least 
burdensome requirement. 

According to EPA officials in OPPT who are responsible for implementing 
TSCA, the use of Section 6(a) has presented challenges as the agency 
must, in effect, perform a cost-benefit analysis, considering the 
economic and societal costs of placing controls on the chemical. 
Specifically, these officials say that EPA must take into account the 
benefits provided by the various uses of the chemical, the availability 
of substitutes, and the reasonably ascertainable economic consequences 
of regulating the chemical after considering the effects of such 
regulation on the national economy, small business, technological 
innovation, the environment, and public health. 

EPA's 1989 asbestos rule illustrates the evidentiary requirements that 
TSCA places on EPA to control chemicals under TSCA Section 6(a). The 
rule prohibited the future manufacture, importation, processing, and 
distribution of asbestos in almost all products. Some of the 
manufacturers of these asbestos products filed suit against EPA, 
arguing that the rule was not promulgated on the basis of substantial 
evidence regarding unreasonable risk. In October 1991, the U.S. Court 
of Appeals for the Fifth Circuit agreed with the manufacturers, 
concluding that EPA had failed to muster substantial evidence to 
justify its asbestos ban and returning parts of the rule to EPA for 
reconsideration. 

In reaching this conclusion, the court found that EPA did not consider 
all necessary evidence and failed to show that the control action it 
chose was the least burdensome reasonable regulation required to 
adequately protect human health or the environment. As articulated by 
the court, the proper course of action for EPA, after an initial 
showing of product danger, would have been to consider the costs and 
benefits of each regulatory option available under Section 6, starting 
with the less restrictive options, such as product labeling, and 
working up through a partial ban to a complete ban. The court further 
criticized EPA's ban of asbestos in products for which no substitutes 
were currently available stating that, in such cases, EPA "bears a 
tough burden" to demonstrate, as TSCA requires, that a ban is the least 
burdensome alternative. 

The court's decision on the asbestos rule is especially revealing about 
Section 6 because EPA spent 10 years preparing the rule. In addition, 
asbestos is generally regarded as one of the substances for which EPA 
has the most scientific evidence or documentation of substantial 
adverse health effects. Since the U.S. Court of Appeals for the Fifth 
Circuit's ruling in October 1991, EPA has not used TSCA Section 6 to 
restrict any chemicals. However, EPA has used Section 6 to issue a 
proposed ban on certain grouts, which was later withdrawn when industry 
agreed to use personal protection equipment to address worker exposure 
issues, and issue an Advance Notice of Proposed Rule Making for methyl- 
t-butyl ether[Footnote 21] because of widespread drinking water 
contamination. Although TSCA's Section 6 has been used infrequently, 
the Director of OPPT and other EPA officials responsible for 
implementing TSCA told us that they believe that taking action under 
this section remains a practicable option for the agency. 

TSCA's Section 5 Provides Limited Authority to Restrict New Chemicals: 

Section 5(a)(2) requires chemical companies to notify EPA at least 90 
days before beginning to manufacture or process a chemical for a use 
that EPA has determined by rule is a significant new use. EPA has these 
90 days to review the chemical information in the premanufacture notice 
and identify the chemical's potential risks. Under Section 5(e), if EPA 
determines that there is insufficient information available to permit a 
reasoned evaluation of the health and environmental effects of a 
chemical and that (1), in absence of such information, the chemical may 
present an unreasonable risk of injury to health or the environment or 
(2) it 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, then EPA can issue a 
proposed order or seek a court injunction to prohibit or limit the 
manufacture, processing, distribution in commerce, use, or disposal of 
the chemical. Under Section 5(f), if EPA finds that the chemical will 
present an unreasonable risk, EPA must act to protect against the risk. 
If EPA finds that there is a reasonable basis to conclude that a new 
chemical may pose an unreasonable risk before it can protect against 
such risk by regulating it under Section 6 of TSCA, EPA can (1) issue a 
proposed rule, effective immediately, to require the chemical to be 
marked with adequate warnings or instructions, to restrict its use, or 
to ban or limit the production of the chemical or (2) seek a court 
injunction or issue a proposed order to prohibit the manufacture, 
processing, or distribution of the chemical. According to the Director 
of OPPT, it is less difficult for the agency to demonstrate that a 
chemical "may present" an unreasonable risk than it is to show that a 
chemical "will present" such a risk. Thus, EPA has found it easier to 
impose controls on new chemicals when warranted. 

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 3,800 of the 33,000 new chemicals that chemical companies 
have submitted for review since 1979.[Footnote 22] These actions 
included, among other things, chemical companies voluntarily 
withdrawing their notices of intent to manufacture new chemicals, and 
entering into consent orders with EPA to produce a chemical only under 
specified conditions. In addition, EPA has promulgated significant new 
use rules requiring chemical companies to notify EPA of their intent to 
manufacture or process certain chemicals for any uses that EPA has 
determined to be a "significant new use." 

For over 1,700 chemicals, companies withdrew their PMNs sometimes after 
EPA officials indicated that the agency planned to initiate the process 
for placing controls on the chemicals, such as requiring testing or 
prohibiting the production or certain uses of the chemical. The 
Director of OPPT told us that after EPA has screened a new chemical or 
performed a detailed analysis of it, chemical companies may drop their 
plans to market the chemical when the chemical's niche in the 
marketplace is uncertain and EPA requests that the company develop and 
submit test data or apply exposure controls. According to EPA 
officials, companies may be uncertain that they will recoup costs 
associated with the test data and controls and prefer to withdraw their 
PMN. In addition, for over 1,300 chemicals, EPA issued orders requiring 
chemical companies to implement workplace controls or practices during 
manufacturing pending the development of information on the risks posed 
by the chemicals and/or to perform toxicity testing if the chemicals' 
production volumes reached certain levels. 

For over 570 of the 33,000 new chemicals submitted for review, EPA 
required chemical companies to submit 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 begin. For 
example, in 2003, EPA promulgated a significant new use rule requiring 
chemical companies to submit a notice for the manufacture or processing 
of substituted benzenesulfonic acid salt for any use other than as 
described in the PMN. 

REACH Requires Chemical Companies to Request Authorization to Use 
Certain Hazardous Chemicals and Search for Safer Substitutes: 

To control chemical risks, REACH provides procedures for both 
authorizing and restricting the use of chemicals. Authorization 
procedures under REACH have three major steps. First, the European 
Chemicals Agency will publish a list of chemicals--known as the 
candidate list--that potentially need authorization before they can be 
used. The chemical agency will determine which chemicals to place on 
the candidate list after it has reviewed the information that chemical 
companies submit to the agency at the time the chemicals are registered 
under REACH and after considering the input provided by individual EU 
member states and the European Commission. In making this 
determination, the agency is to use criteria set forth in REACH, 
covering issues such as bioaccumulation, carcinogenicity, and 
reproductive toxicity. Secondly, the European Commission will determine 
which chemicals on the candidate list will require authorization and 
which will be exempted from the authorization requirements. According 
to the Environment Counselor for the Delegation of the European 
Commission to the United States, some chemicals may be exempted from 
authorization requirements because, so far, sufficient controls 
established by other legislation are already in place. Finally, once a 
chemical has been deemed to require authorization, a chemical company 
will have to apply to the European Commission for an authorization for 
each use of the chemical. 

The application for authorization must include an analysis of the 
technical and economic feasibility of using safer substitutes and, if 
appropriate, information about any relevant research and development 
activities by the applicant. If such an analysis shows that suitable 
alternatives are available for any use of the chemical, then the 
application must also include a plan for how the company plans to 
substitute the safer chemical for the chemical of concern in that 
particular use. The European Commission is generally required to grant 
an authorization if the applicant meets the burden of demonstrating 
that the risks from the manufacture, use, or disposal of the chemical 
can be adequately controlled, except for (1) PBTs; (2) very persistent, 
very bioaccumulative chemicals (vPvBs); and (3) certain other chemicals 
including those that are carcinogenic or reproductive toxins.[Footnote 
23] However, even these chemicals may receive authorization if a 
chemical company can demonstrate that social and economic benefits 
outweigh the risks. In addition, 6 years after REACH goes into effect 
(or in 2013), the European Commission will review whether endocrine 
disrupters[Footnote 24] should also be excluded from authorization 
unless chemical companies can demonstrate that the social and economic 
benefits outweigh their risks. 

Eventually, all chemicals granted authorizations under REACH will be 
reviewed to ensure that they can be safely manufactured, used, and 
disposed. The time frame for such reviews will be determined on a case- 
by-case basis that takes into account information such as the risks 
posed by the chemical, the availability of safer alternatives, and the 
social and economic benefits of the use of the chemical. For example, 
if suitable substitutes become available, the authorization may be 
amended or withdrawn, even if the chemical company granted the 
authorization has demonstrated that the chemical can be safely 
controlled. 

In addition to such authorization procedures, REACH provides procedures 
for placing restrictions on chemicals that pose an unacceptable risk to 
health or the environment. The restriction may completely ban a 
chemical or limit its use by consumers or by manufacturers of certain 
products. REACH's restrictions procedures enable the EU to regulate 
communitywide[Footnote 25] conditions for the manufacture, marketing, 
or use of certain chemicals where there is an unacceptable risk to 
health or the environment. Proposals for restrictions will be prepared 
by either a Member State or by the European Chemicals Agency at the 
request of the European Commission. The proposal must demonstrate that 
there is a risk to human health or the environment that needs to be 
addressed at the communitywide level and to identify the most 
appropriate set of risk reduction measures. Interested parties will 
have an opportunity to comment on the restriction proposal. However, 
the final determination on the restriction proposal will be made by the 
European Commission. Because no chemicals have undergone REACH's 
authorization and restriction procedures, it is not possible to comment 
on the ability of these procedures to control the risks of chemicals to 
human health or the environment. 

Both TSCA and REACH Have Provisions to Make Certain Information 
Available to the Public, but REACH Requires Greater Public Disclosure: 

TSCA and REACH require public disclosure of certain information on 
chemicals and both laws protect confidential or sensitive business 
information, although the extent to which information can be claimed as 
confidential or sensitive varies under the two laws. In this regard, 
one of the objectives of REACH is to make information on chemicals more 
widely available to the public. Accordingly, REACH places greater 
limitations on the kinds of information that companies may claim as 
confidential or sensitive. 

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

TSCA has provisions to protect information claimed by chemical 
companies as confidential or sensitive business information, such as 
information on chemical production volumes and trade secret formulas. 
Health and safety studies, however, generally cannot be considered 
confidential business information, and TSCA has provisions for making 
such studies available to the public. Additionally, EPA can disclose 
confidential business information when it determines such disclosure is 
necessary to protect human health or the environment from an 
unreasonable risk. EPA interprets the term health and safety study 
broadly and, as such, it may include but is not limited to 
epidemiological, occupational exposure, toxicological, and ecological 
studies. 

However, TSCA generally allows chemical companies to claim any 
information provided to EPA, other than health and safety studies, as 
confidential. TSCA requires EPA to protect the information from 
unauthorized disclosure. More specifically, TSCA restricts EPA's 
ability to share certain information it collects from chemical 
companies, such as information about the company (including its 
identity); the chemical's identity; or the site of operation, including 
with state officials or with officials of foreign governments. If a 
request is made for disclosure of the confidential information, EPA 
regulations require the chemical company to substantiate the claims by 
providing the agency information on a number of issues, such as whether 
the identity of the chemical had been kept confidential from 
competitors and what harmful effects to the company's competitive 
position would result from publication of the chemical on the TSCA 
inventory. State environmental agencies and others are interested in 
obtaining chemical information, including that claimed as confidential, 
for use in various activities, such as developing contingency plans to 
alert emergency response personnel of the presence of highly toxic 
substances at local manufacturing facilities. Likewise, the general 
public may find information collected under TSCA useful to engage in 
dialogues with chemical companies about reducing chemical risks and 
limiting chemical exposures at nearby facilities that produce or use 
toxic chemicals. 

While EPA believes that some claims of confidential business 
information may be unwarranted, challenging the claims is resource- 
intensive. According to a 1992 EPA study, the latest performed by the 
agency, problems with inappropriate claims were extensive. This 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. The 
study found that many of the confidentiality claims submitted under 
TSCA were not appropriate, particularly for health and safety data. For 
example, between September 1990 and May 1991, EPA reviewed 351 health 
and safety studies that chemical companies submitted with a claim of 
confidentiality. EPA challenged the confidentiality claimed for 77, or 
22 percent of the studies and, in each case, the submitter amended the 
confidentiality claim when challenged by EPA. Currently, while EPA may 
suspect that some chemical companies' confidentiality claims are 
unwarranted, the agency does not have data on the number of 
inappropriate claims. 

As we reported in June 2005, EPA focuses on investigating primarily 
those claims that it believes may be both inappropriate and among the 
most potentially important--that is, claims relating to health and 
safety studies performed by chemical companies.[Footnote 26] According 
to the EPA official responsible for initiating challenges to 
confidentiality claims, the agency challenges about 14 such claims each 
year, and the chemical companies withdraw nearly all of the claims 
challenged. 

Chemical companies 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 addition, chemical 
company representatives told us that, in principle, they have no 
concerns about revising TSCA or EPA regulations to require that 
confidentiality claims be periodically reasserted and reviewed. 
However, neither TSCA nor EPA regulations require periodic reviews to 
determine when information no longer needs to be protected as 
confidential. In our June 2005 report, we recommended that EPA revise 
its regulations to require that companies reassert claims of 
confidentiality submitted to EPA under TSCA within a certain time 
period after the information is initially claimed as 
confidential.[Footnote 27] In July 2006, EPA responded to Congress that 
the agency planned to initiate a pilot process, using its existing 
authorities, to review selected older submissions containing CBI 
claims. According to EPA officials, the agency is examining PMNs and 
notices of commencements submitted to EPA from fiscal years 1993 
thorough March 2007 and plans to compile statistics on the numbers and 
percentages of submissions and the types of CBI claims made. Based on 
the agency's review, and in light of its other regulatory priorities, 
EPA will consider whether rule making is appropriate to maximize the 
benefits of a reassertion program, including benefits to the public. 
However, no completion date has been determined for the pilot. 

REACH Has Provisions to Protect Confidential Business Information but 
Allows Greater Public Access to Chemical Information than TSCA: 

Similar to TSCA, REACH has provisions to protect information claimed by 
chemical companies as confidential or sensitive, including trade secret 
formulas and production volumes. In addition, REACH treats some 
information as confidential, including the following, even if a company 
did not claim it as confidential: (1) details of the full composition 
of the chemical's preparation; (2) the precise use, function, or 
application of the chemical or its preparation; (3) the precise tonnage 
or volume of the chemical manufactured or placed on the market; or (4) 
relationships between manufacturers/importers and downstream users. In 
exceptional cases where there are immediate risks to human health and 
safety or to the environment, REACH authorizes the European Chemicals 
Agency to publicly disclose this information. 

Furthermore, unlike TSCA, REACH places substantial restrictions on the 
types of data that chemical companies may claim as confidential. 
Consistent with one of the key objectives of REACH, the legislation 
makes information on hazardous chemicals widely available to the public 
by limiting the types of hazard information that chemical companies may 
claim as confidential, and generally does not allow confidentiality 
claims related to, among other things, guidance on the chemical's safe 
use, and the chemical's physical chemical properties, such as melting 
and boiling points, and results of toxicological and ecotoxicological 
studies, including analytical methods that make it possible to detect a 
dangerous substance when discharged into the environment and to 
determine the effects of direct exposure to humans. In addition, other 
information, such as study summaries and tonnage band information will 
be available unless the chemical companies justify that disclosing the 
information will be harmful to its commercial interests. 

REACH also requires that safety data sheets for PBTs and vPvBs and 
other chemicals classified as dangerous be provided to ensure that 
commercial users--known as downstream users and distributors of a 
chemical, as well as chemical manufacturers and importers, have the 
information they need to safely use chemicals.[Footnote 28] The data 
sheets, which chemical companies are required to prepare, include 
information on health, safety, and environmental properties, and risks 
and risk management measures.[Footnote 29] 

Similar to TSCA, REACH requires public disclosure of health and safety 
information and has provisions for making information available to the 
public. REACH also includes a provision for public access to basic 
chemical information, including brief profiles of hazardous properties, 
labeling requirements, authorized uses, and risk management measures. 
The European Union's rules regarding the public's access to information 
combine a variety of ways that the interests of the public's right to 
know is balanced with the need to keep certain information 
confidential. As such, nonconfidential information will be published on 
the chemical agency's Web site. However, some types of information are 
always to be treated as confidential under REACH, such as precise 
production volume. 

REACH also includes a provision under which confidential information 
can generally be shared with government authorities of other countries 
or international organizations under an agreement between the parties 
provided that the following conditions are met: (1) the purpose of the 
agreement is cooperation on implementation or the management of 
legislation concerning the chemicals covered by REACH and (2) the 
foreign government or international organization protects the 
confidential information as mutually agreed. In our June 2005 report, 
we suggested that Congress should consider amending TSCA to authorize 
EPA to share with the states and foreign governments the confidential 
business information that chemical companies provide to the agency, 
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.[Footnote 30]Furthermore, chemical industry representatives 
told us that chemical companies would not object to Congress revising 
TSCA to allow those with a legitimate reason to obtain access to the 
confidential business information provided that adequate safeguards 
exist to protect the information from inappropriate disclosures. In 
addition, EPA officials said that harmonized international chemical 
assessments would be improved if the agency had the ability to share 
this information under appropriate procedures to protect 
confidentiality. 

Concluding Observations: 

Substantial differences exist between TSCA and REACH in their 
approaches to obtaining the information needed to identify chemical 
risks; controlling the manufacture, distribution, and use of chemicals; 
and providing the public with information on harmful chemicals. 
Assuming that the EU has the ability to review chemical information in 
a timely manner, specific provisions under REACH provide a means for 
addressing long-standing difficulties experienced both under TSCA and 
previous European chemicals legislation in (1) obtaining information on 
chemicals' potentially harmful characteristics and their potential 
exposure to people and the environment and (2) making the chemical 
industry more accountable for ensuring the safety of their products. 
Furthermore, REACH is structured to provide a broader range of data 
about chemicals that could enable people to make more informed 
decisions about the products they use in their everyday lives. 

We have identified, in our previous reports on TSCA, various potential 
revisions to the act that could strengthen TSCA to obtain additional 
chemical information from the chemical industry, shift more of the 
burden to chemical companies for demonstrating the safety of their 
chemicals, and enhance the public's understanding of the risks of 
chemicals to which they may be exposed. 

Agency Comments and GAO Response: 

We provided EPA and the Environment Counselor for the Delegation of the 
European Commission to the United States a draft of this report for 
review and comment. Both EPA and the Environment Counselor for the 
Delegation of the European Commission provided technical comments, 
which we have incorporated into this report as appropriate. EPA also 
provided written comments. EPA highlighted the regulatory actions it 
has taken under TSCA and noted that TSCA is a "fully implemented 
statute that has withstood the test of time" and that, in contrast, 
"REACH is not yet in force, and there is no practical experience with 
any aspect of its implementation." Furthermore, while EPA agreed that 
it is possible to compare the approaches used to protect against the 
risks of toxic chemicals under TSCA and REACH, "it is not yet possible 
to evaluate or compare the effectiveness of the different chemical 
management approaches or requirements." EPA's written comments are 
presented in appendix V. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies of this report 
to the congressional committees with jurisdiction over EPA and its 
activities; the Administrator, EPA; and the Director, Office of 
Management and Budget. We also will make copies available to others 
upon request. In addition, the report will be available at no charge on 
the GAO Web site at [hyperlink, http://www.gao.gov]. 

If you have any questions about this report, please contact me at (202) 
512-3841 or stephensonj@gao.gov. Contact points for our Offices of 
Congressional Relations and Public Affairs may be found on the last 
page of this report. Key contributors to this report are listed in 
appendix VI. 

Signed by: 

John B. Stephenson: 

Director, Natural Resources: 
and Environment: 

[End of section] 

Appendix I: Scope and Methodology: 

Our objectives were to describe how Toxic Substances Control Act (TSCA) 
compares with Registration, Evaluation and Authorization of Chemicals 
(REACH) in its approaches to (1) identifying chemicals harmful to 
public health and the environment, (2) controlling chemical risks, and 
(3) disclosing chemical data to the public while protecting 
confidential business information. In addressing these issues, we also 
obtained information on Environmental Protection Agency's (EPA) 
voluntary chemical control programs that complement TSCA. We reviewed 
the relevant provisions of TSCA, identified and analyzed EPA's 
regulations on how the new and existing chemical review and control 
programs work, including the handling of confidential information, and 
determined the extent of actions taken by EPA to control chemicals. 
These efforts were augmented by interviews with EPA officials in the 
agency's Office of Pollution Prevention and Toxics (OPPT), the EPA 
office with primary responsibility for implementing TSCA, the High 
Production Volume (HPV) Challenge Program, and the Voluntary Children's 
Chemical Evaluation Program (VCCEP) pilot. In addition, we interviewed 
representatives of the American Chemistry Council (a national chemical 
manufacturers association), Environmental Defense (a national, 
nonprofit, environmental advocacy organization), and the Synthetic 
Organic Chemical Manufacturers Association (a national, specialty 
chemical manufacturer's association). We also attended meetings of 
EPA's National Pollution Prevention and Toxics Advisory Committee 
(NPPTAC)[Footnote 31] and attended various conferences sponsored by EPA 
and others. We selected the industry and environmental experts we 
interviewed based on discussions with NPPTAC representatives and based 
on our prior work on TSCA. Finally, we obtained and reviewed EPA 
documents related to its chemical program. 

For reviewing REACH, we obtained laws, technical literature, and 
government documents that describe the European Union's (EU) chemical 
control program. We also interviewed EU officials who helped develop 
and who will be involved in implementing REACH, including the 
Environment Counselor for the Delegation of the European Commission to 
the United States and representatives from the European Commission and 
the European Parliament. Our descriptions of these laws are based on 
interviews with government officials and written materials they 
provided. In addition, we interviewed representatives of the American 
Chamber of Commerce to the EU, American Chemistry Council (a national 
chemical manufacturers association), Environmental Defense (a national, 
nonprofit environmental advocacy organization), the European Chemical 
Industry Council (an EU chemical manufacturers association), the 
European Environmental Bureau (a federation environmental advocacy 
organization based in the EU Member States),[Footnote 32] and the 
Synthetic Organic Chemical Manufacturers Association (a national, 
specialty chemical manufacturer's association). Furthermore, we 
interviewed staff from the U.S. Mission to the EU. Finally, for the 
purposes of this report, we compared TSCA to the REACH legislation that 
was approved in December 2006, as the basis for analysis. 

Our review was performed between January 2006 and May 2007 in 
accordance with generally accepted government auditing standards. 

[End of section] 

Appendix II: Comparison of Selected Provisions of U.S. Toxic Substances 
Control Act and the EU's Registration, Evaluation and Authorization of 
Chemicals: 

Table: 

Enactment date; 
TSCA: 1976; 
REACH: Approved in December 2006 and entered into force June 2007. 

Definition of new and existing chemicals; 
TSCA: New chemicals are those not on the TSCA inventory; 
Existing chemicals are those listed in the TSCA Inventory; 
REACH: REACH creates a single system so that there will be virtually no 
distinction between new and existing chemicals.[A]. 

Approximate number of chemicals covered by legislation; 
TSCA: Originally 62,000. Of the more than 82,000 chemicals currently in 
the TSCA inventory, approximately 20,000 were added to the inventory 
since EPA began reviewing chemicals in 1979.[B]; 
REACH: EU officials estimated the number of chemicals with production 
or import levels of at least 1 metric ton (2,205 pounds) to be about 
30,000. Chemical registration will be phased in over 11 years after 
enactment of REACH.[C]. 

Notification requirement; 
TSCA: New chemicals: 
Companies are required to notify EPA prior to manufacturing a new 
chemical. Companies notify EPA of its intent to manufacture a new 
chemical through submission of a Premanufacture Notice (PMN) or of an 
application for exemption. After the PMN review period has expired and 
within 30 days of the chemical's manufacture, companies submit a Notice 
of Commencement of Manufacture or Import to EPA. The chemical is then 
added to the TSCA Inventory, and the chemical is classified as an 
existing chemical; 
Existing chemicals: 
TSCA generally does not require chemical companies to notify EPA of 
changes in use or production volume. However, every 5 years companies 
are required to update EPA on information such as the processing, use, 
and production volume of chemicals produced at over 25,000 pounds; 
Companies must also notify EPA if the company obtains information that 
reasonably supports the conclusion that the chemical presents a 
substantial risk to human health or the environment; 
REACH: In general, REACH treats new and existing chemicals the same. 
Chemical companies register chemicals with the European Chemicals 
Agency once production or import of a chemical reaches 1 metric ton 
(2,205 pounds); 
After registration, companies are required to immediately notify the 
European Chemicals Agency of significant changes in use or production 
volumes of the registered chemical. 

Method used to prioritize chemicals for further review; 
TSCA: New chemicals: 
Based on information compiled through a series of steps, including a 
chemical review strategy meeting, structure-activity relationship 
analysis, and exposure-based reviews, EPA makes a decision ranging from 
"dropping" a chemical for further review to banning a chemical pending 
further information; 
Existing chemicals: 
TSCA does not require EPA to systematically prioritize and assess 
existing chemicals; 
However, TSCA established an Interagency Testing Committee--an advisory 
committee created to identify chemicals for which there are suspicions 
of toxicity or exposure and for which there are few, if any ecological 
effects, environmental fate, or health-effects testing data--to 
recommend chemicals to which EPA should give priority consideration in 
promulgating test rules; 
EPA also plans to use the High Production Volume (HPV) Challenge 
Program and the information under the Inventory Update Rule to help the 
agency prioritize the chemicals it will review.[D]; 
REACH: The European Chemicals Agency will develop the criteria for 
prioritizing chemicals for further review based on, among other things, 
hazard data, exposure data, and production volume; 
Member states may use these criteria when developing their list of 
chemicals to be reviewed. 

Notification of significant changes in uses of existing chemicals; 
TSCA: New chemicals: 
New chemicals once they have commenced manufacture are added to the 
TSCA Inventory. Such former new chemicals can be subject to significant 
new use rules (SNUR) or restrictions on the manufacture, processing, 
distribution in commerce, use, or disposal of the chemical under TSCA 
5(e) consent orders; 
Existing chemicals: 
Chemical companies report use information once every 5 years under 
TSCA's Inventory Update Rule (IUR),[E] which is primarily used to 
gather certain information on chemicals produced at the threshold of 
25,000 pounds or more; 
However, in the absence of a SNUR on a particular chemical, there is no 
requirement for chemical companies to notify EPA of significant new 
uses of existing chemicals in the intervening years or for chemicals 
produced at less than 25,000 pounds; 
Manufacturers and processors of existing chemicals subject to a SNUR 
must notify EPA 90 days before manufacture of or processing for 
significant new use; 
REACH: Chemical companies must immediately inform the European 
Chemicals Agency in writing of new uses of the chemical about which the 
company may reasonably be expected to have become aware. 

Requirement for chemical companies to complete risk assessments; 
TSCA: New chemicals: 
Chemical companies are not required to perform risk assessments on the 
risks of new chemicals. However, if a company has voluntarily performed 
risk assessments, they must submit these data with the PMN; 
Existing chemicals: 
Chemical companies are not required to complete assessments on the 
risks of existing chemicals; However, TSCA requires chemical companies 
to notify EPA immediately of new unpublished information on chemicals 
that reasonably supports a conclusion of substantial risk; 
REACH: Chemical companies must conduct a risk assessment in addition to 
European Chemicals Agency review for all chemicals produced at a level 
of 1 ton or more per year. Additionally, chemical companies must 
conduct a chemical safety assessment for all chemicals produced at a 
level of 10 tons or more per year. 

Encourages minimizing animal testing; 
TSCA: New chemicals: 
TSCA contains no specific language relating to reducing animal testing. 
However, according to EPA officials, TSCA's approach of not requiring 
companies to test new chemicals for health hazards or environmental 
effects absent EPA action, combined with EPA's use of Structure 
Activity Relationship (SAR) analysis reduces the need for animal 
testing compared with requiring a base set of data without the use of 
SAR analysis; 
Existing chemicals: 
No specific language relating to reducing animal testing. However, 
under the HPV Challenge Program, EPA encourages companies to consider 
approaches, such as using existing data, sharing data, and using SAR 
and read across approaches that would reduce the amount of animal 
testing needed. Further, EPA does not require retesting for chemicals 
with adequate Screening Information Data Sets data. EPA has expressed 
its commitment to examining alternate test methods that reduce the 
number of animals needed for testing, that reduce pain and suffering to 
test animals or that replaces test animals with validated in vitro 
(nonanimal) test systems; In addition, under the Voluntary Children's 
Chemical Evaluation Program (VCCEP), EPA encouraged participating 
companies to reduce or eliminate animal testing; 
REACH: REACH states that testing on vertebrate animals for the purposes 
of regulation shall be undertaken as a last resort. To reduce the 
amount of animal testing, REACH encourages the sharing and joint 
submission of information. REACH implementation guidance encourages the 
use of SAR and read across approaches. Further, registrants may use any 
study summaries or robust study summaries performed within the 12 
previous years by another manufacturer or importer to register after 
due compensation of the costs to the owner of the data.[F]. 

Requirement for the disclosure of production quantities; 
TSCA: New chemicals: 
Chemical companies must provide EPA a reasonable third year estimate of 
the total production volume of a new chemical at the time a PMN is 
submitted; 
Existing chemicals: 
Chemical companies report production quantities every 5 years for those 
chemicals on the TSCA inventory and produced at quantities of 25,000 
pounds or more through the Inventory Update Rule (IUR); 
REACH: Chemical companies must include information on the overall 
manufacture or import of a chemical in metric tons per year in a 
technical dossier with their registration. Chemical companies must 
immediately report any significant changes in the annual or total 
quantities manufactured or imported. 

Downstream user responsibilities; 
TSCA: New chemicals: 
No specific requirement relating to downstream users; 1976: New 
chemicals are those not on the TSCA inventory.: Originally 62,000. Of 
the more than 82,000 chemicals currently in the TSCA inventory, 
approximately 20,000 were added to the inventory since EPA began 
reviewing chemicals in 1979.[B]: Existing chemicals: 
No specific requirement relating to downstream users; REACH: Downstream 
users are required to: 
Assemble and keep available all information required to carry out 
duties under REACH for a period of at least 10 years after the 
substance has been used. Prepare a chemical safety report for any use 
outside the conditions described in an exposure scenario or if 
appropriate use and exposure category described in a safety data sheet 
or for any use the supplier advises against; Downstream users may also 
provide information to assist in the preparation of a registration. 

Regulation of hazardous chemicals; 
TSCA: New chemicals: 
EPA can issue a proposed order or seek a court injunction to prohibit 
or limit the manufacture, processing, distribution in commerce, use, or 
disposal of a chemical if EPA determines that there is insufficient 
information available to permit a reasoned evaluation of the health and 
environmental effects of a chemical and that (1) in the absence of such 
information, the chemical may present an unreasonable risk of injury to 
health or the environment or (2) it 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; 
Existing chemicals: 
TSCA requires EPA to apply regulatory requirements to chemicals for 
which EPA finds a reasonable basis to conclude that the chemical 
presents or will present an unreasonable risk to human health or the 
environment. To adequately protect against a chemical's risk, EPA can 
promulgate a rule that bans or restricts the chemical's production, 
processing, distribution in commerce, use or disposal, or requires 
warning labels be placed on the chemical; 
Section 6(a) authorizes EPA to regulate existing chemicals, including 
restriction or prohibition. EPA is required to apply the least 
burdensome requirement and the rule must be supported by substantial 
evidence in the rule-making record; 
REACH: Chemicals may be regulated under provisions known as 
authorization and restriction; 
Authorization is required for the use of substances of very high 
concern.[G] This includes substances that are (1) carcinogenic, 
mutagenic, or toxic for reproduction; (2) persistent, bioaccumulative, 
and toxic or very persistent and very bioaccumulative; or (3) 
identified as causing serious and irreversible effects to humans or the 
environment, such as endocrine disrupters; 
Restrictions on substances relating to its manufacture, marketplace, or 
use, including banning, may be required where there is an unacceptable 
risk to health or the environment. 

Enforcement mechanisms; 
TSCA: New chemicals: 
EPA maintains compliance officials to monitor compliance with TSCA; 
Existing chemicals: 
EPA maintains compliance officials to monitor compliance with TSCA; 
REACH: Reach requires EU Member States to monitor compliance with 
provisions of REACH. 

Substitution requirement; 
TSCA: New chemicals: 
No specific language relating to substitution or finding safer 
alternatives; 
Existing chemicals: 
No specific language relating to substitution or finding safer 
alternatives; 
REACH: Authorization applications (for chemicals of very high concern) 
require an analysis of possible alternatives or substitutes. 

Protection of Confidential Business Information (CBI); TSCA: New 
chemicals: 
TSCA allows companies to make confidentiality claims on nearly all 
information it provides EPA; 
Existing chemicals: 
TSCA allows companies to make confidentiality claims on nearly all 
information it provides to EPA; 
REACH: REACH allows chemical companies to make confidentiality claims; 
however, it places restrictions on what kinds of information companies 
may claim as confidential. 

Public availability of chemical information; 
TSCA: New chemicals: 
TSCA requires that existing health and safety-related information must 
be made available to the public; 
Existing chemicals: 
TSCA requires that existing health and safety-related information must 
be made available to the public; 
EPA uses its HPV Challenge Program to voluntarily gather information 
from industry and ensure that a minimum set of basic data on 
approximately 2,800 high- production-volume-chemicals is available to 
the public; 
REACH: REACH requires public disclosure of information such as the 
trade name of the substance, certain physicochemical data, guidance on 
safe use, and all health and safety-related information. 

Requirements addressing children's health; 
TSCA: New chemicals: 
No specific language relating to children's health; 
Existing chemicals: 
No specific language relating to children's health. However, under the 
TSCA Inventory Update Reporting Regulation of December 2005, 
manufacturers of chemicals in volumes of 300,000 pounds or more must 
report use in or on products intended for use by children; 
REACH: No specific language relating to children's health. 

Source: GAO analysis of U.S. TSCA New Chemicals and HPV Programs and EU 
REACH regulation. 

Note: This table is not meant for purposes of legal comparison but only 
to provide some basic information to compare the U.S. and EU approaches 
to regulating chemicals. 

[A] Under REACH, chemical substances are now described as nonphase-in 
(i.e., those not produced or marketed prior to the enactment of REACH) 
and phase-in (i.e., those substances listed in the European Inventory 
of Existing Commercial Chemical Substances--EINECS , or those that have 
been manufactured (produced) but not placed on the European market 
prior to the enactment of REACH). 

[B] The TSCA Inventory contains about 82,000 chemicals; however, EPA 
officials say that the majority of the listed chemicals are either (1) 
not produced at all, (2) are produced in small quantities (less than 
10,000 lbs. per year) or (3) are polymers. 

[C] All chemicals (approximately 100,000) reported as being on the 
European market between January 1, 1971, and September 18, 1981 (those 
listed in the European Inventory of Existing Commercial Chemical 
Substances--EINECS--or those manufactured but not placed on the 
European market in the last 15 years) were classified as existing 
chemicals, and all chemicals (over 3,800) introduced after 1981 were 
termed new chemicals prior to the enactment of REACH and need not be 
registered under REACH unless a change in volume produced or marketed 
occurs. 

[D] EPA invited chemical companies to voluntarily sponsor these 
chemicals and submit data summaries of existing information along with 
a test plan proposing a strategy to fill data gaps for either an 
individual chemical or for a category of chemicals. 

[E] The TSCA IUR is primarily used to gather certain information on 
chemicals produced at more than a basic threshold volume in the year 
reported. Among other things, chemical companies that produce or import 
chemicals at or above the 25,000 pound per site threshold are to report 
the number of workers reasonably likely to be exposed to the chemical 
at each site and has a reporting threshold of 300,000 pounds per site 
at or above which chemical companies must report readily obtainable 
exposure-related use and processing information. 

[F] Data older than 12 years is regarded as public domain. 

[G] Applicants for authorization must demonstrate that risks associated 
with the use of the chemical are adequately controlled, that 
socioeconomic benefits outweigh the risks to human health and the 
environment, and that no suitable alternatives exist. All applications 
must be accompanied by an analysis of potential substitutes. 

[End of table] 

[End of section] 

Appendix III: Additional Options For Strengthening EPA's Ability to 
Assess and Regulate Chemicals under TSCA: 

As requested, we identified a number of options that could strengthen 
EPA's ability under the TSCA to assess chemicals and control those 
found to be harmful. These options have been previously identified in 
earlier GAO reports[Footnote 33] on ways to make TSCA more effective. 
Representatives of environmental organizations and subject matter 
experts subsequently concurred with a number of these options and 
commented on them in congressional testimony. These options are not 
meant to be comprehensive but illustrate actions that the Congress 
could take to strengthen EPA's ability to regulate chemicals under 
TSCA. 

The Congress may wish to consider revising TSCA to place more of the 
burden on industry to demonstrate that new chemicals are safe. Some of 
the burden could be shifted by requiring industry to test new chemicals 
based on substantial production volume and the necessity for testing, 
and to notify EPA of significant increases in production, releases, and 
exposures or of significant changes in manufacturing processes and uses 
after new chemicals are marketed. 

To put existing chemicals on a more equal footing with new chemicals, 
the Congress could consider revising TSCA to set specific deadlines or 
targets for the review of existing chemicals. These deadlines or 
targets would help EPA to establish priorities for reviewing those 
chemicals that, on the basis of their toxicity, production volumes, and 
potential exposure, present the highest risk to health and the 
environment. The Congress could also consider revising TSCA to shift 
more of the burden for reviewing existing chemicals to industry. If 
more of the responsibility for assessing existing chemicals was shared 
by industry, EPA could review more chemicals with current resources. In 
deciding how much of the burden to shift to industry, the Congress 
would need to consider the extent to which providing data to show that 
chemicals are safe should be a cost of doing business for the chemical 
industry. 

To ensure that EPA can implement its initiatives without having to face 
legal challenges and delays, the Congress may wish to consider revising 
TSCA to: 

* provide explicit authority for EPA to enter into enforceable consent 
agreements under which chemical companies are required to conduct 
testing, 

* clarify that health and safety data cannot be claimed as confidential 
business information, 

* require substantiation of confidentiality claims at the time that the 
claims are submitted to EPA, 

* limit the length of time for which information may be claimed as 
confidential without reaffirming the need for confidentiality, 

* establish penalties for the false filing of confidentiality claims, 
and: 

* authorize states and foreign governments to have access to 
confidential business information when they can demonstrate to EPA that 
they have a legitimate need for the information and can adequately 
protect it against unauthorized disclosure. 

[End of section] 

Appendix IV: Summary of Chemical Hazard Information Requirements under 
REACH and TSCA by Production Volume: 

In general, TSCA does not require chemical companies to test the 
chemicals they produce for their hazardous effects on human health and 
the environment absent EPA rule making, whereas REACH requires chemical 
companies to develop such data based on the production volume of the 
chemical. Table 2 provides information on the total number and types of 
data on chemical hazards required for chemicals produced at various 
production volumes, where applicable, for REACH, TSCA, and the HPV 
Challenge Program. While TSCA does not require chemical companies to 
develop data on chemicals' effects on human health or the environment, 
absent EPA action, we have included data requirements for new chemicals 
that chemical companies plan to produce at high volumes within a few 
years of introducing the chemical to the marketplace. While TSCA does 
not require companies to provide this information, EPA says that 
companies generally agree to provide this information through 
negotiated consent orders. In addition, while industry participation in 
EPA's HPV Challenge Program is voluntary, we have included information 
on the number of tests likely to be produced for chemicals in the 
program. 

Table 2: Comparison of Chemical Information Requirements by Increasing 
Production Volume for the EU and the United States (highlighted): 

Weight range in pounds per year; 
EU REACH 1 ton or more[A]: 2,205 or more; 
EU REACH 10 tons or more: 22,046 or more; 
U.S. TSCA New Chemicals 100 tons or more[B]: 220,460 or more; 
EU REACH 100 tons or more[C]: 220,460 or more; 
U.S. HPV Challenge Program[D]: 1,000,000 or more; 
EU REACH 1000 tons or more[C]: 2,204,600 or more. 

Weight range in metric tons per year; EU REACH 1 ton or more[A]: 1 or 
more; 
EU REACH 10 tons or more: 10 or more; 
U.S. TSCA New Chemicals 100 tons or more[B]: 100 or more; 
EU REACH 100 tons or more[C]: 100 or more; 
U.S. HPV Challenge Program[D]: 454 or more; 
EU REACH 1000 tons or more[C]: 1,000 or more. 

Approximate number of chemicals per category; 
EU REACH 1 ton or more[A]: [A]; 
EU REACH 10 tons or more: 5,800 chemicals; 
U.S. TSCA New Chemicals 100 tons or more[B]: [E]; 
EU REACH 100 tons or more[C]: 3,000 chemicals; 
U.S. HPV Challenge Program[D]: 2,800 chemicals; 
EU REACH 1000 tons or more[C]: 3,700 chemicals. 

Physical/Chemical properties tests: Boiling point; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Dissociation constant; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Explosive properties; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Flammability; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Flash point; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Granulometry; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Melting/freezing point; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Oxidizing properties; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Partition coefficient: n-
octanol/water; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Relative density; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Self-ignition temperature; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Stability in organic solvents and 
identity of relevant degradation products; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: State of the substance at 20°C; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Surface tension; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Vapor pressure; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Viscosity; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Physical/Chemical properties tests: Water solubility; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Total tests for physical/chemical properties; 
EU REACH 1 ton or more[A]: 14; 
EU REACH 10 tons or more: 14; 
U.S. TSCA New Chemicals 100 tons or more[B]: 1; 
EU REACH 100 tons or more[C]: 17; 
U.S. HPV Challenge Program[D]: 5; 
EU REACH 1000 tons or more[C]: 17. 

Human Health effects tests: Acute toxicity (by oral route, inhalation, 
dermal route)[F]; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Carcinogenicity; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Eye irritation (in vitro); 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Eye irritation (in vivo); 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Genetic toxicity: In vitro cytogenecity in 
mammalian cells or in vitro micronucleus study; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Genetic toxicity: In vitro gene mutation 
study in bacteria; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Genetic toxicity: In vitro gene mutation 
study in mammalian cells; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Repeated dose toxicity short term; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Repeated dose toxicity subchronic; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Reproductive toxicity: Prenatal development 
toxicity; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [G]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Reproductive toxicity: 
Reproductive/developmental toxicity testing; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [G]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Reproductive toxicity: two-generation 
reproductive toxicity testing; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Skin irritation (in vivo); 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Skin irritation or skin corrosion (in 
vitro); 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Skin sensitization; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Human Health effects tests: Toxicokinetics; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Total tests for human health effects; 
EU REACH 1 ton or more[A]: 5; 
EU REACH 10 tons or more: 12; 
U.S. TSCA New Chemicals 100 tons or more[B]: 4; 
EU REACH 100 tons or more[C]: 15; 
U.S. HPV Challenge Program[D]: 6; 
EU REACH 1000 tons or more[C]: 16. 

Environmental effects tests: Abiotic degradation: Stability in water 
(hydrolysis); 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Activated sludge respiration; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Aquatic toxicity: Long-term/chronic 
toxicity testing on fish; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Aquatic toxicity: Long-term/chronic 
toxicity testing on invertebrates; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Aquatic toxicity: Short-term/acute 
toxicity testing on fish; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Aquatic toxicity: Short-term/acute 
toxicity testing on invertebrates; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Aquatic toxicity: Toxicity to aquatic 
plants (algae)/ Growth inhibition; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Biotic degradation: Anaerobic 
biodegradation; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Empty]. 

Environmental effects tests: Biotic degradation: Ready 
biodegradability; 
EU REACH 1 ton or more[A]: [Check]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Biotic degradation: Further biotic 
degradation testing[H]; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Identification of degradation products; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental effects tests: Soil biodegradation; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Empty]. 

Environmental fate: Adsorption/desorption screening; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Check]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Adsorption/desorption, further information; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Bioaccumulation in aquatic species; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Birds: long-term or reproductive toxicity; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Further information on environmental fate and 
behavior; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Empty; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Photodegradation; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Check]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Empty]. 

Environmental fate: Sediment organisms: long-term toxicity; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Terrestrial organisms effects: Effects on soil 
micro-organisms; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: ; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Terrestrial organisms effects: Long-term toxicity 
testing on invertebrates; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]:[Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Terrestrial organisms effects: Long-term toxicity 
testing on plants; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Terrestrial organisms effects: Short-term toxicity 
to invertebrates; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Terrestrial organisms effects: Short-term toxicity 
to plants; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Check]; 
U.S. HPV Challenge Program[D]: [Empty]; 
EU REACH 1000 tons or more[C]: [Check]. 

Environmental fate: Transport/Distribution between environmental 
compartments; 
EU REACH 1 ton or more[A]: [Empty]; 
EU REACH 10 tons or more: [Empty]; 
U.S. TSCA New Chemicals 100 tons or more[B]: [Empty]; 
EU REACH 100 tons or more[C]: [Empty]; 
U.S. HPV Challenge Program[D]: [Check]; 
EU REACH 1000 tons or more[C]: [Empty]. 

Environmental fate: Total tests for environmental effects/fate; 
EU REACH 1 ton or more[A]: 3; 
EU REACH 10 tons or more: 7; 
U.S. TSCA New Chemicals 100 tons or more[B]: 9; 
EU REACH 100 tons or more[C]: 16; 
U.S. HPV Challenge Program[D]: 7; 
EU REACH 1000 tons or more[C]: 21. 

Source: GAO analysis of U.S. TSCA New Chemicals and HPV Programs and EU 
REACH regulation. 

Note: Not all of the tests/data requirements listed necessarily have to 
be conducted. In some cases, certain tests are not appropriate for the 
chemical in question or it is not technically feasible to carry them 
out. In other cases, required information may be replaced by other 
information, adapted in another way, or inferred from other 
information. 

[A] Under REACH, for chemicals produced in the one to ten ton range, 
only chemicals that are likely to be classified as carcinogenic, 
mutagenic, or toxic for reproduction will require human health and 
environmental effects data. All chemicals in this range will require 
physical/chemical properties and any available human health and 
environmental effects data. 

[B] EPA may require human health or environmental hazard testing 
through a TSCA Section 5(e) Consent Order either based on risk criteria 
or exposure criteria under EPA's TSCA Section 5(e) Exposure Based 
Policy for chemicals produced at 100 tons or more. However, not all 
tests under this policy are required for all chemicals produced at 100 
tons or above. Chemicals that meet human exposure criteria may require 
some or all of the health effects tests listed by EPA; chemicals that 
meet substantial environmental release criterion (exposure criteria) 
may require some or all of the environmental effects tests listed by 
EPA; chemicals that meet the drinking water, ground water, total 
release to environment media, or total release to surface water 
exposure-based policy criteria may require some or all of the 
environmental fate tests listed by EPA. 

[C] For the 100 ton level and the 1,000 ton level, the chemical company 
should submit a testing proposal if they do not already possess the 
required information. Since tests might be costly and might involve 
testing on vertebrate animals, the necessity for and the quality of the 
testing proposal will be checked by the European Chemicals Agency, in 
coordination with the Member States, in the evaluation process. 

[D] The HPV Challenge Program is a voluntary program aimed at 
developing and making publicly available screening level health and 
environmental effects information on chemicals manufactured in or 
imported into the United States in quantities of one million pounds or 
more per year. Health and environmental effects tests are based on the 
Organization for Economic Cooperation and Development's (OECD) 
Screening Information Data Sets. The OECD is a forum where the 
governments of 30 countries work together to address economic, social, 
and environmental issues and is recognized as the largest and most 
reliable source of comparable statistical, economic, and social data. 
The Screening Information Data Sets is the OECD's program under which 
data on HPV chemicals are collected and shared. 

[E] Once a company begins production of a chemical, it is placed on the 
TSCA Inventory and is classified as an existing chemical. 

[F] For the HPV Challenge Program, only one of the three tests of oral 
route, inhalation, or dermal route are required. For REACH, the oral 
route test is the only one required at one ton or above and all three 
(oral, inhalation, and dermal) are required at 10 tons or above. 

[G] These tests may be required at production volumes of 1 million 
pounds (about 454 tons) or more. 

[H] Three biotic degradation tests are specified: simulation testing on 
ultimate degradation in surface water; soil simulation testing (for 
substances with a high potential for adsorption to soil); and sediment 
simulation testing (for substances with a high potential for adsorption 
to sediment). The choice of the appropriate test(s) depends on the 
results of the chemical safety assessment. 

[End of table] 

[End of section] 

Appendix V: Comments from the Environmental Protection Agency: 

United States Environmental Protection Agency: 
Washington, D.C. 20460: 

July 2 2002: 

Mr. John Stephenson: 
Director, Natural Resources and Environment: 
General Accounting Office: 
441 G St, N.W.: 
Washington, D.C. 20548: 

Dear Mr. Stephenson:

Thank you for the opportunity to review and comment on the proposed 
draft Government Accountability Office (GAO) report entitled "Chemical 
Regulation: Comparison of US. and Recently Enacted European Union 
Approaches to Protect Against the Risks of Toxic Chemicals" (GAO-07-
825). The report is intended to provide a comparison of the chemical 
control approaches used by the U.S. under the Toxic Substances Control 
Act (TSCA) and the newly enacted, but not yet implemented, European 
Union (EU) Registration, Evaluation, and Authorization of Chemicals 
(REACH) legislation. 

For more than 30 years, TSCA has provided the American public with the 
assurance that industrial chemicals are manufactured, imported, and 
used safely in this country. TSCA provides EPA with the tools necessary 
to ensure that both public health and the environment are protected 
from the adverse effects of new and existing industrial chemicals, 
including the ability to effectively address nanotechnology and 
emerging chemicals of concern. TSCA provides EPA with authority to 
review and manage risks from new chemicals prior to introduction into 
commerce; collect health and safety data as well as production, use, 
and exposure information on industrial chemicals in commerce; require 
testing on new or existing chemicals; ban or take other risk mitigation 
actions on new or existing chemicals of concern; manage "legacy" 
chemicals such as PCBs, asbestos, and mercury; and enforce compliance 
with its rules and requirements. 

Over the years, EPA has successfully used TSCA to:

- Review and take appropriate action on more than 46,000 new chemicals. 
Approximately ten percent of these were subject to various restrictions 
and/or requirements for additional testing under TSCA sections 5(e) and 
5(a)(2). More than 1700 have been withdrawn in the face of Agency 
action.

- 10,000 new chemicals have been approved for manufacture and use 
subject to the terms of the exemption filing. 20,000 new chemicals have 
gone into production and been added to the TSCA Inventory, for a total 
of 82,000 chemicals currently on the Inventory. 

- Control or otherwise regulate 178 existing and over 4,000 new 
chemicals. 

- Serve as the regulatory backstop to a highly successful voluntary 
program to collect health and safety data on 2200 High Production 
Volume (HPV) chemicals, which cover more than 93% of the production 
volume EPA tracks on the TSCA Inventory. 

- Collect more than 50,000 health and environmental studies on existing 
chemicals using TSCA section 8(d). 

- Regularly collect updated production, exposure and use information on 
thousands of higher volume existing chemicals under the TSCA section 
8(a) Inventory Update Rule. 

- Receive and assess over 16,000 substantial risk submissions from the 
chemical industry since 1977 (average rate of 800 per year). 

- Instigate the phase out of chemicals of concern such as 
perfluorooctane sulfonate (PFOS), penta and octa brominated dipheny 
ethers (BDEs), polybrominated biphenyls, benzidene dyes, etc. Seek 
commitments from national and international chemical manufacturers to 
reduce releases and work toward the elimination of sources of exposure 
to perfluorooctanoic acid (PFOA), PFOA precursors, and higher 
homologues. 

- Provide critical information on chemicals to Federal, State and local 
governments, the emergency planning community, a wide array of 
stakeholders, the public, and the international community, while 
effectively securing and managing Confidential Business Information. 

We are extremely proud of these accomplishments and are moving 
aggressively with current efforts to develop screening hazard /risk 
characterizations on the HPV chemicals and to begin to assess lower-
volume existing chemicals. These activities will help us identify and 
take needed next steps, including regulatory and voluntary measures, to 
obtain more detailed toxicity or exposure information, identify safer 
substitutes, or identify and initiate risk mitigation steps, as 
necessary. Because of the head start provided by the HPV Challenge 
information and the Inventory Update Rule reporting, this approach will 
result in risk management and testing decisions on these chemicals over 
the next several years, ahead of the schedules associated with the 
REACH registration process. Additionally, as the REACH effort 
progresses, EPA is committed to considering any data generated for that 
effort which would further inform our regulatory decisions. 

These accomplishments, successes, and on-going activities are examples 
of a proven, fully implemented statute that has withstood the test of 
time. By contrast, REACH is not yet in force and there is no practical 
experience with any aspect of its implementation. While it is possible 
to compare the differences in approaches, such as the scope of 
requirements on industry, EPA believes that it is not yet possible to 
evaluate or compare the effectiveness of the different chemical 
management approaches and requirements of TSCA and REACH. Again, thank 
you for the opportunity to review and comment on the report GAO- 07-
825, "Chemical Regulation: Comparison of US. and Recently Enacted 
European Union Approaches to Protect Against the Risks of Toxic 
Chemicals." Our technical and editorial comments are enclosed. We look 
forward to continuing to work with GAO and the Congress on our efforts 
to ensure that the Agency meets TSCA's primary purpose that chemicals, 
as manufactured, processed, and used, do not present unreasonable risks 
to human health and the environment. 

Sincerely, 

Signed by: 

James B. Gulliford: 
Assistant Administrator: 

Enclosure: 

[End of section] 

Appendix VI GAO Contact and Staff Acknowledgments: 

GAO Contact: 

John B. Stephenson, (202) 512-3841: 

Staff Acknowledgments: 

In addition to the individual named above, David Bennett, John 
Delicath, Richard Johnson, Valerie Kasindi, Ed Kratzer, and Tyra 
Thompson made key contributions to this report. 

[End of section] 

Footnotes: 

[1] Pub. L. No. 94-469, 90 Stat. 2003 (1976) (codified at 15 U.S.C. §§ 
2601-2692). 

[2] TSCA does not apply to certain substances such as nuclear material, 
firearms and ammunition, pesticides, food, food additives, tobacco, 
drugs, and cosmetics. 

[3] The European Commission is one of the three primary institutions 
governing the EU. One of the primary roles of the European Commission 
is to propose and implement legislation for the EU. The other two 
governing bodies are the European Parliament and the Council of the 
European Union. Among other responsibilities, the Parliament and the 
Council jointly adopt new European laws in many policy areas. 

[4] In general, the precautionary principle means that where there are 
threats of serious or irreversible damage, lack of full scientific 
certainty shall not be used as a reason for postponing cost-effective 
measures to reduce risks to human health and the environment. 

[5] 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.: June13,2005). 

[6] EPA may exempt a chemical company from the PMN requirement upon 
application from the company showing to EPA's satisfaction that the 
chemical will not present any unreasonable risk of injury to human 
health or the environment and under such restrictions as EPA deems 
appropriate. EPA regulations relating to premanufacture notice 
exemptions, including the restrictions applicable to specific 
exemptions, appear at 40 C.F.R. part 723. 

[7] According to EPA, about half of the premanufacture notices the 
agency receives from chemical companies are for new chemicals that, for 
various reasons, never enter the marketplace. These chemicals are not 
listed on the TSCA inventory. 

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

[9] GAO-05-458. 

[10] In 1977, EPA promulgated a rule under TSCA, Section 8(a), to 
compile and keep current an inventory of chemicals in commerce in the 
United States. This inventory is called the TSCA Chemical Substance 
Inventory or TSCA Inventory. In 1986, EPA promulgated the Inventory 
Update Reporting (IUR) regulation to facilitate the periodic updating 
of the TSCA Inventory and to support activities associated with 
implementing TSCA. The 1986 regulation required chemical companies to 
report to EPA every 4 years the identity of and basic manufacturing 
information for organic chemicals produced annually in quantities of 
10,000 pounds or greater at each plant site they own or control. In 
2003, EPA amended the IUR, expanding the range of chemicals (inorganic 
chemicals are now included as well as organic chemicals) and plant 
sites reporting, expanding the types of exposure and use data reported, 
and raising the production volume threshold that triggers reporting. 
EPA published additional changes in the TSCA Inventory Update Reporting 
Revisions in 2005, including changing the reporting frequency from 
every 4 years to every 5 years. 

[11] The reporting for 2005 data--the most current cycle--ended in 
March 2007. 

[12] An endpoint is the chemical or biological effect that is assessed 
by a test method. 

[13] GAO-05-458. 

[14] NPPTAC is a national advisory body chartered under the Federal 
Advisory Committee Act to provide advice, information and 
recommendations on the overall policy and operation of programs managed 
by EPA's Office of Pollution Prevention and Toxics in performing its 
duties and responsibilities under TSCA and the Pollution Prevention 
Act. EPA has not held a NPPTAC meeting since the resignation of three 
NPPTAC members in October 2006, which resulted in an imbalance in 
representation on the Committee. EPA is evaluating options for NPPTAC's 
future. 

[15] GAO-05-458. 

[16] The Academy is a nonprofit organization of primary care 
pediatricians and pediatric specialists dedicated to the health, 
safety, and well-being of infants, children, adolescents, and young 
adults. 

[17] The program's Web site address is [hyperlink, 
http://www.epa.gov/chemrtk/vccep]. 

[18] Existing chemicals will be registered during an 11 year phase-in 
period, while new chemicals will be registered prior to production 
above 1 metric ton or their introduction to the marketplace. 

[19] According to the Environment Counselor for the Delegation of the 
European Commission to the U.S., REACH places the onus on industry to 
provide adequate information but testing under REACH is to be a last 
resort from an ethical point of view and from a cost-effectiveness 
point of view. It is industry's responsibility to present a 
satisfactory level and quantity of information to comply with the 
requirements set out in the annexes of REACH which could include using 
scientific models to estimate chemical effects, using existing test 
data, or conducting new testing if needed. 

[20] Under REACH, a downstream user is an entity within the supply 
chain, other than the manufacturer or importer, who uses a substance, 
either on its own or in a preparation. 

[21] Methyl-t-butyl ether (MTBE) is a chemical compound that is used as 
a fuel additive in gasoline. 65 Federal Register 16094, Mar. 24, 2000. 

[22] The 33,000 new chemicals do not include those that EPA has 
exempted from the PMN requirements, such as low volume chemicals and 
polymers. EPA may exempt a chemical company from the PMN requirement 
upon application from the company showing to EPA's satisfaction that 
the chemical will not present any unreasonable risk of injury to human 
health or the environment. Following EPA's approval of an exemption 
request, the company must manufacture and use the chemical in 
accordance with the terms of the exemption. Thus, all exemption 
chemicals are subject to controls per the terms of the exemption 
request and relevant exemption regulations. 

[23] Substances classified as PBTs are chemicals that can persist in 
the environment, bioaccumulate in food chains, and are toxic. 
Substances classified as vPvBs are chemicals that are very persistent 
and very bioaccumulative, but not necessarily toxic. 

[24] Endocrine disputing chemicals can alter the endocrine system and 
may cause adverse health effects such as cancer. The endocrine system 
is a complex system consisting of glands that produce hormones, 
including the thyroid in the throat and the pituitary gland in the 
brain that helps guide the development, growth, and reproduction of 
humans and animals. 

[25] Communitywide refers to the EU's member states. As of January 
2007, the EU had 27 member states. The member states are Austria, 
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, 
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, 
Slovenia, Spain, Sweden, and the United Kingdom. 

[26] GAO-05-458. 

[27] GAO-05-458. 

[28] Substances classified as PBTs are chemicals that can persist in 
the environment, bioaccumulate in food chains, and are toxic. 
Substances classified as vPvBs are chemicals that are very persistent 
and very bioaccumulative, but not necessarily toxic. 

[29] Commercially sensitive information will not be required to be 
exchanged. 

[30] GAO-05-458. 

[31] NPPTAC is a national advisory body chartered under the Federal 
Advisory Committee Act to provide advice, information and 
recommendations on the overall policy and operation of programs managed 
by EPA's Office of Pollution Prevention and Toxics in performing its 
duties and responsibilities under TSCA and the Pollution Prevention 
Act. EPA has not held a NPPTAC meeting since the resignation of three 
NPPTAC members in October 2006, which resulted in an imbalance in 
representation on the Committee. EPA is evaluating options for NPPTAC's 
future. 

[32] As of January 2007, the EU consists of 27 member states. The 
member states are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, 
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, 
Italy, Lativa, Lithuania, Luxembourg, Malta, Netherlands, Poland, 
Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United 
Kingdom. 

[33] GAO/RCED-94-103 and GAO-05-458. 

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