chemicals policy in the us
Chemicals policy in the US can be made at the federal, state, or local levels. Regulation of chemicals at the federal level is divided among several agencies, in particular the Environmental Protection Agency (EPA)and to some degree the the Food and Drug Administration (FDA) and the Consumer Product Safety Commission (CPSC): the EPA regulates the testing and manufacture of chemical substances and their risks in use and disposal; the FDA regulates chemical substances in food, cosmetics, and food contact materials; and the CPSC oversees chemical exposures from consumer products. The primary piece of federal chemicals policy legislation, however, is the Toxic Substances Control Act (TSCA).
As in many other countries, new industrial chemicals must undergo a review process, whereas there are more limited review requirements for chemicals that were in use at the time the act was passed. The Federal Hazardous Substances Act and the Consumer Product Safety Act regulate chemicals in consumer products, such as toys, including labeling requirements for hazardous materials, and restrictions of some chemicals. Chemicals in cosmetics products are regulated under the Federal Food Drug and Cosmetic Act. Pesticides, pharmaceuticals, and food additives are regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Food, Drug and Cosmetics Act (FDCA) respectively.
Over the past decade there has been discussion about the efficacy of US federal chemicals policy, resulting in a number of reports that raise concerns about the limitations about TSCA, and propose new regulatory approaches. More about federal chemicals policy…
Chemicals Policy in the States
States have often been the innovators in developing the environmental and health policies which are then adopted by other states or at the federal level. More about state-level chemicals policy…
US/Transnational Chemicals Policy
The US participates in numerous global chemicals policy activities. About global chemicals policy agreements with which the US is involved…
The U.S. is also involved in several regional initiatives with Canada and Mexico:
NAFTA
The North American Free Trade Agreement (NAFTA) is a 1994 agreement between Canada, the US, and Mexico which seeks to remove barriers to trade between these nations and facilitate the movement of goods and services across their boarders. These goods include chemicals, chemical feedstocks, and products containing chemicals.
NAFTA created the Commission for Environmental Cooperation (CEC) to oversee regional environmental concerns, and enforce existing environmental laws. To that end, CEC initiated the Sound Management of Chemicals project (SMOC) as an opportunity to prioritize chemicals of concern, draft action plans relative to the North American continent around these chemicals, and oversee their implementation.
The Security and Prosperity Partnership of North America
The Security and Prosperity Partnership of North America is a 2005 effort between Canada, the US, and Mexico to increase and improve the sharing of information between the nations. The Partnership seeks to protect national boarders from terrorism while still promoting a business-friendly environment for trade. As part of this agreement, the three countries agreed to work collaboratively on chemical safety issues, including the safe production and use of industrial chemicals. As the American agency responsible for this task, EPA has launched the Chemicals Assessment and Monitoring Program (ChAMP) to prioritize action on the more than 6,700 chemicals used in quantities above 25,000 lbs/year.
US/Canada Binational Toxics Strategy
A joint U.S.-Canada effort to virtually eliminate persistent toxic substances resulting from human activity in the Great Lakes Basin, the Binational Toxics Strategy furthers efforts made in the 1970s to revive the Great Lakes ecosystem, after having been significantly damaged by industrial chemicals and other pollutants during that time. The program specifies a list of priority chemicals whose use and production in the Great Lakes area would be “virtually eliminated” by 2002.
The Strategy furthers the aims of the 1972 Great Lakes Water Quality Agreement joining Canada and the US as a means to protect the health of the Great Lakes region.
The International Joint Commission
The International Joint Commission (IJC) is an organization focused on resolving disputes between Canada and the US regarding environmental boundary issues. In particular, IJC is concerned with air quality, the health of the Great Lakes, and any emerging environmental issues that might cause disagreement between the two countries. More about regulation in the Great Lakes...
The Arctic Council
Originating from a 1991 agreement between the arctic states know as the Arctic Environmental Protection Strategy prioritizing the sustainable development of the region, the Arctic Council is comprised of the 8 nations whose boarders make up the arctic region: Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden, and the United States. The Council, including indigenous peoples of the region, convenes to discuss common concerns that face the arctic environment.
An important piece of the Council’s mission is the Arctic Monitoring and Assessment Program (AMAP) which seeks to monitor the extent of contamination from industrial pollution in the arctic, measurements that include levels of heavy metals, persistent organic pollutants (POPs), and pesticides. While the Program has assessed that the arctic is relatively pristine compared to more industrialized areas, AMAP has also noted that worrisome compounds, such as brominated flame retardants, are beginning to be found in the region. The program has drafted recommendations related to these findings which are designed to broaden the Council's discussions.
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