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A bill aimed to reform for the first time since 1976 the US Toxic Substances Control Act has been introduced in the USA. The new legislation will require manufacturers to prove the safety of every chemical in production or intended for market introduction. Subsequently, the US EPA released an online database of toxicity results on hundreds of chemicals. The database is expected to be enhanced in the future with information on chemical refrigerants, including HFC1234yf.

“America’s system for regulating industrial chemicals is broken,” said Senator Frank Lautenberg when introducing the ‘Safe Chemicals Act’ on 15 April 2010 aimed to reform for the first time since 1976 the US Toxic Substances Control Act (TSCA).

The TSCA, which requires manufacturers to report to the federal government new chemicals they intend to market, exempts from public disclosure any information that could harm their bottom line. In the past years, 95 % of the notices for new chemicals sent to the government requested some secrecy, according to the Government Accountability Office, indicating that secrecy has been growing out of control.

The proposed Safe Chemicals Act requires safety testing of all industrial chemicals and puts the burden on industry to prove that chemicals are safe in order stay on the market, changing the current policy of the EPA calling for safety testing only after evidence surfaces demonstrating a chemical is dangerous.

Highlights of the Bill

The Bill:

• Requires manufacturers to develop and submit a minimum data set for each chemical they produce, while the US EPA will have full authority to request additional information. · Calls on the EPA to categorise chemicals based on risk, and focus resources on evaluating those most likely to cause harm.
• Ensures safety threshold is met for all chemicals on the market. Places the burden of proof on chemical manufacturers to prove the safety of their chemicals. All uses must be identified and determined safe for the chemical to enter the market or continue to be used.
• Requires EPA to take fast action to reduce risk from chemicals that have already been proven dangerous.
• Establishes a public database to list the information submitted by chemical manufacturers and the EPA’s safety determinations.

However, some environmentalists have voiced concerns with a possible loophole in the proposed legislation concerning new chemicals and their lack of testing based on a low likelihood to pose health risks.

US EPA opens access to chemical information

In line with the requirement of establishing a public database, the US EPA subsequently released a database, called ToxRefDB, which allows scientists and the interested public to search and download thousands of toxicity testing results on hundreds of chemicals. The database captures 30 years of developments and $2 billion of testing results. Therefore, it can be expected that once the TSCA is reformed, toxicity testing results regarding chemicals, including chemical refrigerants such as the latest generation of HFCs called HFO1234yf.

Links

Chemicals Safety Act 2010

ToxRefDB (Toxicity Reference Database)