Cite this article as: Sarah A. Vogel and Jody A. Roberts
Transcription
Cite this article as: Sarah A. Vogel and Jody A. Roberts
At the Intersection of Health, Health Care and Policy Cite this article as: Sarah A. Vogel and Jody A. Roberts Why The Toxic Substances Control Act Needs An Overhaul, And How To Strengthen Oversight Of Chemicals In The Interim Health Affairs, 30, no.5 (2011):898-905 doi: 10.1377/hlthaff.2011.0211 The online version of this article, along with updated information and services, is available at: http://content.healthaffairs.org/content/30/5/898.full.html For Reprints, Links & Permissions: http://healthaffairs.org/1340_reprints.php E-mail Alerts : http://content.healthaffairs.org/subscriptions/etoc.dtl To Subscribe: http://content.healthaffairs.org/subscriptions/online.shtml Health Affairs is published monthly by Project HOPE at 7500 Old Georgetown Road, Suite 600, Bethesda, MD 20814-6133. Copyright © 2011 by Project HOPE - The People-to-People Health Foundation. As provided by United States copyright law (Title 17, U.S. Code), no part of Health Affairs may be reproduced, displayed, or transmitted in any form or by any means, electronic or mechanical, including photocopying or by information storage or retrieval systems, without prior written permission from the Publisher. All rights reserved. Not for commercial use or unauthorized distribution Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest Regulating Chemical Use By Sarah A. Vogel and Jody A. Roberts 10.1377/hlthaff.2011.0211 HEALTH AFFAIRS 30, NO. 5 (2011): 898–905 ©2011 Project HOPE— The People-to-People Health Foundation, Inc. doi: Sarah A. Vogel (svogel@jffnd .org) is a program officer at the Johnson Family Foundation, in New York City. Jody A. Roberts is the associate director of the Center for Contemporary History and Policy at the Chemical Heritage Foundation, in Philadelphia, Pennsylvania. Why The Toxic Substances Control Act Needs An Overhaul, And How To Strengthen Oversight Of Chemicals In The Interim ABSTRACT The Toxic Substances Control Act gives the Environmental Protection Agency (EPA) the authority to regulate industrial chemicals not covered by other statutes. Today there are more than 83,000 such chemicals. However, the law is widely perceived as weak and outdated, and various stakeholders have called for its reform, citing the EPA’s inability to regulate the use of asbestos, among other substances. We analyze the flaws in the act and suggest ways in which the EPA might better position itself to manage chemical risks and protect the public’s health. In addition to the new tools and technologies it is adopting, the agency needs new allies—both inside and outside the government—in its efforts to identify and control hazardous chemicals. I n 1976, after five years of negotiation and debate, President Gerald Ford signed into law the Toxic Substances Control Act. The last of the major environmental statutes of the 1970s, the act gave the Environmental Protection Agency (EPA)—which had been established six years earlier—the authority to regulate the safety of industrial chemicals, to protect the environment and human health. Specifically, the act gave the EPA authority to require reporting, testing, and restrictions on chemical substances not covered by other regulatory statutes. Prior to the act’s enactment, the federal government had conducted limited oversight of chemicals through a patchwork of regulations governing the safety of pesticides, specific hazards in air and water, and some chemicals in food. Missing from this fractured system were the tens of thousands of industrial chemicals that did not fall under the jurisdiction of these narrowly tailored statutes. Some examples of chemicals covered under the Toxic Substances Control Act are asbestos, benzene, formaldehyde, mercury, polychlorinated biphenyls (PCBs), and polybrominated diphenyl ethers (PBDEs).1 898 H e a lt h A f fai r s M ay 2 0 1 1 30:5 When the Toxic Substances Control Act was passed, the exact number of chemicals in production was unknown. Even the names of many chemicals were not public knowledge, let alone their properties, uses, and hazardous characteristics and how much of each chemical was being produced annually. The 1976 act gave the EPA the authority to obtain information from manufacturers on industrial chemicals, including data on health and safety, production, and use. In addition, the agency now had the authority to control or restrict chemicals that posed what the act called an “unreasonable risk of injury to health or the environment.” However, the EPA’s ability to obtain safety information and set regulatory standards as outlined under the Toxic Substances Control Act has fallen far short of expectations. This is due to a combination of limitations in the statute and a series of events over the past thirty-five years, including reductions in the EPA’s budget in the 1980s, changing political leadership and shifting agency priorities, limited oversight by Congress, and successful challenges by the chemical industry to limit the EPA’s authority. To work around these obstacles, the EPA has increasingly relied on voluntary programs and Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest procedures such as the High Production Volume Challenge Program,2 designed to encourage chemical producers to provide the agency with data.3 Over the years, the Toxic Substances Control Act itself has received negligible attention from members of Congress, environmental advocates, and the public health community. The act has never been substantially updated. As a result, profound gaps in the most basic health and hazard information about the vast majority of commercial chemicals persist today.4–6 Since 2009, however, various stakeholders— including the chemical industry, environmental and public health advocates, and the EPA—have, for the first time, all called for some reform of the act.7–9 The push to amend the law is the result of a combination of rising consumer concerns about product safety; the implementation of a new chemicals management program in the European Union, called Registration, Evaluation, Authorisation, and Restriction of Chemicals, or REACH;10 and the passage of individual chemical bans and creation of comprehensive chemicals policy programs in some US states.11 Growing interest in chemicals policy in general among public health advocates, health care providers, disease groups, and health insurance companies can be attributed to an emerging scientific consensus that environmentally relevant levels of industrial chemicals—concentrations detectable in the ambient environment or the human body—may present important risks for chronic disease.12,13 This marks an important shift.When the Toxic Substances Control Act became law, health concerns focused on chemicals as carcinogens, mutagens, and teratogens—agents that cause cancer, genetic mutations, and embryonic or fetal abnormalities, respectively. Now there are increasing concerns about the effect of everyday chemical exposures on a number of chronic diseases. Public interest advocates, industry representatives, and legislators are debating ways to improve the Toxic Substances Control Act, but it is not clear that broad reforms will be made in the near future. A promising development is that the EPA is taking steps to integrate new tools and scientific knowledge into its chemicals program. We recommend some additional steps that could be taken to support the EPA in its efforts to protect the public’s health from chemical threats, given the limitations of the Toxic Substances Control Act. Intent And Scope Of The Act The Toxic Substances Control Act gives the EPA three major responsibilities: to gather informa- tion on new and existing chemicals being manufactured in the United States; to collect and produce data for use in assessing the risks of chemicals; and to properly control those chemicals deemed to present—in the words of the act—an “unreasonable risk of injury to health or the environment” through rule making that includes restrictions, labeling, and bans.4 The EPA’s first task after the enactment of the law was to create an inventory of all chemicals already in commercial use. Although a handful of them had become household names by the early 1970s, the scope and magnitude of chemical production was largely unknown. The initial inventory listed 62,000 chemicals in production. Today the number is greater than 83,000, but there is no truly accurate count.3 New Chemicals For new chemicals, defined as those substances entering production after the EPA’s initial inventory, the Toxic Substances Control Act requires producers to notify the agency prior to manufacture by submitting a “premanufacture notification.” As part of the notification, manufacturers must provide the agency with information on the new chemical’s name, physical properties, and use, along with any available data on its toxicity. However, the act does not mandate any toxicity testing. The EPA then has ninety days to decide whether or not additional information is required before allowing the chemical onto the market. Initially, this provision was widely regarded as the weakest aspect of the act because it did not require enough information and gave the EPA so little time to make a decision. Despite these concerns, however, the provision is considered by some former EPA officials to be one of the agency’s most effective programs. This effectiveness is attributed to the EPA’s investment in the development of methods for assessing chemical toxicity by comparing new chemicals to structurally analogous ones already in use. Using these comparisons—known as structure-activity relationships—allows the agency to evaluate hazards rapidly, even in the absence of adequate data about new chemicals. Information obtained from the structure-activity relationships on the potentially hazardous properties of a substance can discourage manufacturers from submitting notifications for chemicals that may raise concern.3,14,15 Although this process may help prevent chemicals of concern from coming onto the market, the EPA has experienced a far greater challenge in pulling hazardous substances off the market. Existing Chemicals The vast majority of chemicals currently in commercial use fall in the category of “existing chemicals,” those in use before the Toxic Substances Control Act beMay 2 011 30:5 Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest Health Affairs 899 Regulating Chemical Use came law. Section 6 of the act, which promulgates rules for regulating existing chemicals, includes no requirements for testing these chemicals. By default they are presumed to be safe, and the burden of demonstrating an “unreasonable risk” falls on the EPA. Before the agency can issue a regulation applying to one of these chemicals, the act requires it to demonstrate that the chemical “will present an unreasonable risk” and that the proposed regulation uses the “least burdensome requirements.”4,11,16 The barriers to both assessing and managing the risks posed by existing chemicals have proven to be nearly insurmountable. As a result, thirty-five years after the passage of the Toxic Substances Control Act, there remains a profound gap in data about chemicals that pose a public health risk, and a lack of action to reduce that risk. What Went Wrong No single event, statutory clause, or implementation decision led to the current weakness of the act. Instead, its inability to function as intended results from a series of legal, organizational, and political challenges. The Data Trap With no safety testing required for existing chemicals, the EPA is responsible for obtaining data in order to assess their risks. Yet the Toxic Substances Control Act puts the agency in what has been described as a “Catch-22” situation when it seeks to require new testing. Before the EPA can test a chemical for risk, the agency must demonstrate that the product poses “unreasonable risk.”6 Given unavoidable uncertainties and gaps in data, the agency has frequently found it difficult to meet this requirement. Consequently, over the past three decades the agency has issued few orders for new tests of existing chemicals.17 Where adequate health and safety data do exist, the process for issuing regulations on existing chemicals is extensive and laborious, consuming considerable time and resources. Furthermore, the Toxic Substances Control Act’s requirement that the EPA show that its proposed rule to restrict the use of a chemical is the “least burdensome” also consumes time and resources.18 The agency’s failure to regulate asbestos is clear proof of the unintended consequences of these requirements. The Case Of Asbestos The EPA decided to use each of the major provisions and powers that the Toxic Substances Control Act granted it, to better understand the act’s capabilities and limitations. The agency chose asbestos as its test case for developing regulatory restrictions.19 It worked on a risk assessment of asbestos for ten years, 900 H e a lt h A f fai r s M ay 2 0 1 1 30:5 The barriers to assessing and managing the risks posed by existing chemicals have proven to be nearly insurmountable. collecting thousands of pages of published studies and developing a robust and detailed analysis of risk and the economic impacts of regulation. The agency eventually issued a regulation that would have banned almost all uses of asbestos. Asbestos producers, already facing many expensive lawsuits, immediately challenged the regulation in court.20 The Fifth Circuit Court of Appeals ruled that the EPA had failed to meet the Toxic Substances Control Act’s high burden of proving with “substantial evidence” that an “unreasonable” risk existed and that the proposed regulation, which would ban most uses, presented the “least burdensome” approach.21 The act’s requirement of “substantial evidence” is a higher evidentiary burden than the “arbitrary and capricious” standard outlined in the Administrative Procedures Act of 1946 and used by most federal agencies. In choosing not to appeal the decision, the EPA effectively surrendered its authority to develop rules that would place even limited restrictions on chemicals. According to the agency’s leadership at the time, staff morale plummeted after the decision, particularly among those who had worked on developing the asbestos regulation.22 E. Donald Elliott, general counsel to the EPA under President George H.W. Bush, later remarked that the court’s decision was “a public policy and public health disaster and should be explicitly overruled by Congress.”23 Without the power to regulate even a welldefined hazard, the agency lost a crucial tool for protecting public health. It turned instead to what it could do with greater ease—namely, develop alternative, largely voluntary programs to collect and assess data, such as the High Production Volume Challenge Program.2 An Orphan Statute Some of the challenges faced by the EPA in implementing the Toxic Substances Control Act might have been surmount- Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest The EPA has taken some important steps to reassert its authority under the current statute. able had there been proper government oversight and investment—in terms of political power as well as finances—coupled with interest on the part of the public. But few politicians were interested in championing chemicals policy while the powerful chemical industry consistently supported the status quo.24 In the absence of regular congressional hearings, the EPA was left without strong political allies willing to hold it accountable for properly implementing the Toxic Substances Control Act. Public-interest groups, environmental organizations, and labor unions rapidly lost interest in the subject after the act’s passage.1,25 And all of this occurred in the context of internal government scrutiny and resource cuts that undermined the authority and morale of all federal regulatory agencies.26 New Demands For Chemical Safety And Reform Pressure From Europe With the turn of the twenty-first century came renewed attention to chemical safety in the United States and Europe. From 1999 to 2006 the members of the European Parliament negotiated a comprehensive chemicals management program, REACH.10 As in the United States, the vast majority of chemicals on the European market had been presumed to be safe, with no requirements for testing. Applying what is called the “no data, no market” rule, REACH reverses this policy by requiring manufacturers to submit safety data for both new and existing chemicals produced in or exported to Europe. Chemicals must be registered, evaluated, and authorized for use by the European Chemicals Agency, an organization established under REACH. Because Europe is the largest market for chemicals in the world, the implications of the new requirements have potentially enormous impacts on the global market.27,28 State Legislative Actions As Europe negotiated a new chemicals management program, state governments in the United States began to take actions to limit the market for hazardous chemicals and promote safer chemical production. From 2003 to 2010 state legislatures passed seventy-one chemical safety laws aimed at restricting the use of specific chemicals in products, including lead in toys and bisphenol A (better known as BPA) in baby bottles.29 In addition, California, Maine, and Washington passed broad chemicals management laws. Public support for restrictions on the use of chemicals and stricter safety standards comes not only from environmental advocates but also from firefighters, nurses, physicians, and disease groups. Also, some retailers are demanding greater transparency in and availability of safety data. Congressional Response In response to growing political pressure from environmental and public health advocacy organizations for reform of the Toxic Substances Control Act, Sen. Frank Lautenberg (D-NJ)30 and Reps. Henry Waxman (D-CA) and Bobby Rush (D-IL)31 introduced separate bills in Congress in 2010. Both pieces of legislation attempt to address the problems of data collection, testing requirements, and information disclosure. Most notably, both bills would require manufacturers to submit some safety data for both existing and new chemicals. However, the bills were both introduced at the end of the congressional session and on the heels of a contentious midterm election. Today, with a deeply divided Congress, the prospects for legislative action are uncertain. In addition, congressional attacks on the EPA’s budget are now at the front line of a coordinated effort to roll back environmental regulations. Strengthening Chemicals Policy Under Current Law Despite the uncertain fate of reform efforts and potential budgetary constraints, the EPA has taken some important steps to reassert its authority under the current statute. Importantly, these new actions are being bolstered by the incorporation of scientific and technological breakthroughs. Lisa P. Jackson, EPA administrator, launched a comprehensive approach to reviewing what the agency calls “chemicals of concern” through the use of “chemical action plans”32 as part of a Chemical Safety and Sustainability Program. The action plans are a centerpiece of the agency’s stated objective of shifting away from its reliance on voluntary data programs toward what it calls an “action-oriented approach” to obtaining and reviewing chemical data.32 “Chemicals of concern” are divided into seven May 2 011 3 0:5 Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest H e a lt h A f fai r s 901 Regulating Chemical Use categories. These include chemicals that have a high production volume; pose a potential risk to children’s development; appear in biomonitoring, or measurements of chemical concentrations in blood, urine, serum, amniotic fluid, breast milk, or other sources of human biosamples; or are what is called “PBT”—meaning that they are persistent or long-lasting, are bioaccumulative (become concentrated within the bodies of humans or animals), and are toxic. A review of one of these chemicals may lead to a number of possible regulatory outcomes: restricting or banning its use, requiring a label on it, demanding additional testing, or no further action, should the review process remove any possible concerns.33 Through this effort, the agency is actively seeking to use its authority to regulate existing chemicals under section 6 of the Toxic Substances Control Act—an authority it has not asserted since the asbestos ruling. The EPA faces strong resistance to these efforts from the American Chemistry Council, the chemical industry’s trade association, which has questioned the agency’s prioritization of chemicals of concern as overly subjective.34 At the same time, the agency is facing expanding demands to integrate new tools and technologies into its chemicals program in order to increase the efficiency of its review process. For example, the EPA’s latest program, Advancing the Next Generation of Risk Assessment—a collaboration with the National Institute of Environmental Health Sciences, the National Toxicology Program, the Centers for Disease Control and Prevention, the Agency for Toxic Substances and Disease Registry, the National Human Genome Research Institute, and California’s Environmental Protection Agency—is intended to develop cheaper, faster tests or screens that use advances in molecular biology to identify high- and low-hazard chemicals.35 We consider such collaborations promising efforts to integrate exciting new technologies—such as high throughput screens, or rapid tests that identify gene or protein expression or other biological activity of a compound, and computational toxicology, or the use of modeling to predict toxic effects—into chemical hazard assessments. Like many of the voluntary programs developed by the EPA during the past three decades, including the High Production Volume Challenge Program,2 these new programs and technologies add tools to the agency’s arsenal for chemicals management. The American Chemistry Council supports the development and use of rapid screening approaches for prioritizing chemicals for additional testing and identifying those compounds that need no further testing. However, the indus902 H e a lt h A f fai r s M ay 2 0 1 1 30:5 The EPA could ask individual scholars and professional societies to conduct reviews of chemicals of concern. try has no incentive for supporting the use of these new methods to rapidly and cheaply identify priority chemicals for market restriction.36 Determining how information from these new tests and screens will be used to restrict and regulate chemicals, therefore, will probably involve a contentious debate among the regulated industries, regulators, and the public-interest community. What these technological and testing innovations cannot solve, therefore, is the persistent problem the agency has in exercising its authority to restrict chemicals that present important risks to health. This is the central limitation on the EPA’s power to protect the public, as demonstrated in the asbestos case. The chemical action plans aim to exercise both arms of the agency’s authority under the Toxic Substances Control Act: to collect and review data, and to regulate chemicals that pose serious hazards. However, the action plans risk falling into the same trap of a lengthy, contentious review process that the agency has experienced with other substances, including formaldehyde and dioxin as well as asbestos. The cycle of seemingly endless analysis followed by a failure to regulate is due more to the political and economic stakes of the outcome than to any problem with the agency’s science. For this reason, the solution will not come from new technologies or new tests alone. The EPA also needs independent analysis and review of data that can help mitigate scientific debate. One possible way to address the agency’s persistent difficulty in rapidly reviewing and regulating chemicals of concern is to develop collaborative partnerships among the EPA and academic institutions and professional societies. In a recent open letter to Science, representatives of eight major scientific organizations offered their support to the EPA and the Food and Drug Administration by volunteering to serve on scientific panels, review specific chemicals, and de- Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest To be able to restrict the use of chemicals that present a threat to human health, the EPA needs support beyond Washington. policy making. Researchers at the University of California, San Francisco, are working with scientists and health practitioners to develop a critical review methodology for use in environmental health research that could serve as a model.39 This type of support would require no change to the Toxic Substances Control Act. Moreover, the production of such reviews could give the EPA more time and resources to devote to managing risks of chemicals of concern through rule making and protecting the public’s health. Conclusion velop new testing guidelines.37 An example of an ongoing research collaboration between academic laboratories and the federal government, including the Food and Drug Administration and the National Institute of Environmental Health Sciences, involves a series of studies on bisphenol A, a high-production-volume chemical that has gained a great deal of attention recently. Through this collaboration, regulatory science—the tools and study designs used by the agencies—is being updated and integrated with cutting-edge tools and scientific knowledge developed in academic laboratories around the country.38 To build on and further institutionalize this academic enthusiasm for working directly with government agencies, the EPA could ask individual scholars and professional societies to conduct reviews of chemicals of concern. Guided by evidence-based criteria, transparency, and strict policies to prevent conflict of interest, these reviews would apply the expertise of the academic community to improving chemicals The authors thank James Aidala, Charles M. Auer, J. Clarence Davies, Charles L. Elkins, Mark Greenwood, and Steve Jellinek for participating in the Chemical There is a broad consensus today that the Toxic Substances Control Act needs to be revised to take advantage of twenty-first-century scientific knowledge and technological capabilities. We know far more now about the health risks of environmental exposures to industrial chemicals than we did thirty-five years ago, when the act became law. But while stakeholders debate statutory reform and lawmakers wait for a window of opportunity to introduce legislation, the EPA needs to continue to build partnerships with other agencies and with groups outside the federal government to increase the speed with which it can review high-priority chemicals. For the agency to be able to restrict the use of chemicals that present a threat to human health, it needs support beyond Washington. The wider academic community can help by generating rigorous, transparent, and independent reviews of chemical risks. What’s more, strengthening the EPA’s existing programs will be useful in any transition that may come with reforms of the Toxic Substances Control Act. ▪ Heritage Foundation’s Oral History Project of the Toxic Substances Control Act. This article reflects the individual views of its authors, not those of the Johnson Family Foundation or the Chemical Heritage Foundation. NOTES 1 Andrews RNL. Managing the environment, managing ourselves: a history of American environmental policy. New Haven (CT): Yale University Press; 1999. 2 Environmental Protection Agency. High Production Volume (HPV) challenge [Internet]. Washington (DC): EPA; [last updated 2011 Jan 13; cited 2011 Mar 30]. Available from: http://www.epa.gov/hpv/ 3 Aidala JV Jr, Auer CM, Goldman LR, Gulliford JB. Practical advice for TSCA reform: an insider perspective [Internet]. Chicago (IL): American Bar Association, Section of Environment, Energy, and Resources, Special Committee on TSCA Reform; 2010 Jun 30 [cited 2011 Apr 18]. Available from: http://epw.senate .gov/public/index.cfm?FuseAction= Files.View&FileStore_id=86806f67e47e-4cf3-9612-550104e7685a 4 Guerrero PF. Toxic Substances Control Act: preliminary observations on legislative changes could make the act more effective; testimony before the Subcommittee on Toxic Substances, Research, and Development, Committee on Environment and Public Works, Senate. Washington (DC): Government Accountability Office; 1994. (Pub. No.: GAO/TRCED-94-263). 5 Government Accountability Office. Chemical regulation: options exist to improve EPA’s ability to assess health risks and manage its chemical review program [Internet]. Washington (DC): GAO; 2005 Jun [cited 2011 Mar 30]. (Pub. No.: GAO-05458). Available from: http://www .gao.gov/new.items/d05458.pdf 6 Denison RA. Ten essential elements in TSCA reform. Environmental Law May 2 011 3 0:5 Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest H e a lt h A f fai r s 903 Regulating Chemical Use Reporter. 2009;39:10020–8. 7 American Chemistry Council. 10 principles for modernizing TSCA [Internet]. Washington (DC): The Council; [cited 2011 Mar 31]. Available from: http://www.american chemistry.com/s_acc/sec_ article_acc.asp?CID=2178&DID= 9939 8 Safer Chemicals, Healthy Families. The health case for reforming the Toxic Substances Control Act [Internet]. Washington (DC): Safer Chemicals, Healthy Families; [cited 2011 Apr 18]. Available from: http:// healthreport.saferchemicals.org/ PDFs/The_Health_Case_for_ Reforming_the_Toxic_Substances_ Control_Act.pdf 9 Environmental Protection Agency. Essential principles for reform of chemicals management legislation [Internet]. Washington (DC): EPA; [last updated 2010 Apr 28; cited 2011 Mar 31]. Available from: http:// www.epa.gov/opptintr/existing chemicals/pubs/principles.html 10 European Commission. REACH: Registration, Evaluation, Authorisation, and Restriction of Chemicals [home page on the Internet]. Helsinki: European Chemical Agency; [last updated 2011 Mar 31; cited 2011 Mar 31]. Available from: http://ec.europa.eu/environment/ chemicals/reach/reach_intro.htm 11 Greenwood M. TSCA reform: building a program that can work. Environmental Law Reporter. 2009;39: 10034–41. 12 Grandjean P, Bellinger D, Bergman A, Cordier S, Davey-Smith G, Eskenazi B, et al. The Faroes Statement: human health effects of developmental exposure to chemicals in our environment. Basic Clin Pharmacol Toxicol. 2008;102(2): 73–5. 13 Diamanti-Kandarakis E, Bourguignon JP, Giudice LC, Hauser R, Prins GS, Soto AM, et al. Endocrine-disrupting chemicals: an Endocrine Society scientific statement. Endocr Rev. 2009;30(4):293–342. 14 Roberts JA, Hardy KD. The Toxic Substances Control Act: from the perspective of Charles M. Auer. Philadelphia (PA): Chemical Heritage Foundation; 2010 Apr 23. (Oral History Transcript No. 0642). 15 Schierow L-J. The Toxic Substances Control Act (TSCA): implementation and new challenges [Internet]. Washington (DC): Congressional Research Service; 2009 Jul 28 [cited 2011 Mar 31]. (Document No.: RL34118). Available from: http:// portal.acs.org/preview/fileFetch/C/ CNBP_023041/pdf/CNBP_ 023041.pdf 16 Applegate JS. Bridging the data gap: balancing the supply and demands for chemical information. Tex L Rev. 2008;86:1365–407. 17 Stephenson J. Chemical regulation: 904 Health Affai rs M ay 20 1 1 30:5 18 19 20 21 22 23 24 25 26 options for enhancing the effectiveness of the Toxic Substances Control Act; testimony before the Subcommittee on Commerce, Trade, and Consumer Protection, Committee on Energy and Commerce, House of Representatives [Internet]. Washington (DC): Government Accountability Office; 2009 Feb 26 [cited 2011 Mar 31]. (Pub. No.: GAO-09428T). Available from: http://www .gao.gov/new.items/d09428t.pdf Government Accountability Office. 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Elliott ED. Statement. In: Legislation to implement the POPS, PIC, and LRTAP POPS Agreements: hearing before the Subcommittee on Environment and Hazardous Materials, Committee on Energy and Commerce, House of Representatives [Internet]. Washington (DC): Government Printing Office; 2006 Mar 2 [cited 2011 Mar 31]. p. 91–4. Available from: http://www .access.gpo.gov/congress/house/ pdf/109hrg/27145.pdf Smith HM. Testimony. In: Reauthorization of the Toxic Substances Control Act: hearing before the Subcommittee on Toxic Substances, Research, and Development, Committee on Environment and Public Works, Senate. Washington (DC): Government Printing Office; 1994 Jul 13. p. 180–3. Roberts JA, Hardy KD. The Toxic Substances Control Act: from the perspective of Charles L. Elkins. Philadelphia (PA): Chemical Heritage Foundation; 2010 Apr 9. (Oral History Transcript No. 0643). Shapiro S, Steinzor R, Shudtz M. 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Advancing the Next Generation (NexGen) of Risk Assessment [Internet]. Washington (DC): EPA; [last updated 2011 Mar 4; cited 2011 Mar 31]. Available from: http://epa .gov/risk/nexgen/index.htm Balbus J. Ushering in the new toxicology: toxicogenomics and the public interest. Environ Health Perspect. 2005;133(7):818–22. Assessing chemical risk: societies offer expertise. Science. 2011; 331(6021):1136. National Institutes of Health, National Institute of Environmental Health Sciences [Internet]. Research Triangle Park (NC): NIEHS; 2009 Oct 28. Press release, NIEHS awards Recovery Act funds to address bi- Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest sphenol A research gaps [cited 2011 Mar 31]. Available from: http:// www.niehs.nih.gov/news/ releases/2009/ bisphenol-research.cfm 39 Woodruff T, Sutton P. Pulling back the curtain: improving reviews in environmental health. Environ ABOUT THE AUTHORS: SARAH A. VOGEL Sarah A. Vogel is a program officer at the Johnson Family Foundation. In this issue, Sarah Vogel and Jody Roberts examine whether the Toxic Substances Control Act, which has regulated industrial chemicals since it became law in 1976, protects the public’s health from chronic disease risks. They conclude that the law has fallen well short of its original intent. This paper is the first time they have collaborated, although they were colleagues for many years, and their research areas overlap. A year ago Roberts started an oral history project on lessons arising from the toxic substances law, and he has interviewed many Environmental Protection Agency (EPA) administrators and chemical Health Perspect. 2010;118(6): A326–7. & JODY A. ROBERTS policy officials. Vogel has been researching a book on the history of chemical policy in the United States. According to Vogel, conducting research for the paper allowed her and Roberts to analyze historical data on chemicals policy. “We believe this history is critical,” she says, “if we are to understand the problems accurately” and create a “robust system” to handle the challenges ahead. The most surprising result of their research was understanding far more fully the “profound lack of congressional oversight and public attention to chemical policy in the perceived failure” of the Toxic Substances Control Act. Vogel is a program officer for the Johnson Family Foundation, which provides national grants for environmental health, sexuality, education, and local development issues. She has published several papers on chemicals, plastics, and public safety. She has a doctorate in sociomedical sciences from Columbia University’s Mailman School of Public Health and Medicine, a master of public health degree from Yale University, and a master of environmental management degree from Yale’s School of Forestry and Environmental Studies. Jody A. Roberts is the associate director of the Center for Contemporary History and Policy at the Chemical Heritage Foundation. Roberts is the associate director of the Center for Contemporary History and Policy at the Chemical Heritage Foundation. His work explores molecular sciences and public policy. He has a master’s degree in science and technology studies and a doctorate in technology studies from Virginia Tech. May 2 011 3 0:5 Downloaded from content.healthaffairs.org by Health Affairs on September 22, 2014 by guest H e a lt h A f fai r s 905