REGULATING RISK: OVERSIGHT OF MICROBIAL PRODUCTS OF BIOTECHNOLOGY UNDER THE U.S. TOXIC SUBSTANCES CONTROL ACT

1999 ◽  
Vol 01 (03) ◽  
pp. 329-347 ◽  
Author(s):  
REBECCA A. EFROYMSON

The Toxic Substances Control Act (TSCA) is the legislation used by the U.S. Environmental Protection Agency to regulate releases of genetically engineered microorganisms. The rule defining the scope of the notification requirements for releases of microbial products of biotechnology was published in April 1997. The Environmental Protection Agency (EPA) had some latitude regarding the extent to which various categories of microorganisms would be regulated, but the agency was constrained by requirements of TSCA and an interagency agreement about how to regulate products of biotechnology. This paper investigates the extent to which the scope of oversight is based on risk. A risk-based rule is defined as one where the reporting requirements are based on potential for exposure or expected adverse effects. The evolution of the rule is described, and risk-based components are discussed. In conclusion, the scope of oversight of microbial releases is determined to be based on risk to the extent that legislation and institutional constraints permit.

2001 ◽  
Vol 20 (2) ◽  
pp. 175-187 ◽  
Author(s):  
Odelia Funke

This article explores long-term issues and problems that have seriously undermined the U.S. Chemical Testing Program established by the Environmental Protection Agency (EPA) under the Toxic Substances Control Act. This program is meant to gather information needed to protect human health and the environment from damaging exposure to toxic chemicals. Despite seemingly broad and impressive authority under the statute, there are a number of inherent difficulties, as well as substantial political constraints, that impede comprehensive oversight of chemicals in U.S. commerce. The article discusses several approaches that EPA has adopted to overcome statutory and political limitations and increase chemical testing information. The most recent and promising of these efforts has involved international negotiations to harmonize testing approaches with OECD nations and to cooperate on an agenda that will better share the testing burden on an international level.


potential risk of cancer to humans; and chemicals which CAG reviewed because one or more of three organizations (The International Agency for Research on Cancer, the National Toxicology Program Bioassay Program, and the Food and Drug Administration of the U.S. Department of Health and Human Services) concluded that these chemicals are potential human carcinogens. Report of the TSCA Interagency Testing Committee to the Administrator, Environmental Protection Agency Section 4(e) of the Toxic Substances Control Act (TSCA) (P.L. 94469) established the TSCA Interagency Testing Committee (lTC) with representation from many of the Federal research and regulatory agencies. This Committee has the continuing responsibility to identify and recommend to the Administrator of the Environmental Protection Agency, chemical substances or mixtures which should be tested to determine their hazard to human health or the environment. In the ITC review and recommendation of selected chemicals, priority attention given to those individual or groups of chemical substances or mixtures which are known to cause or contribute to, or which are suspected of causing or contributing to cancer, gene mutations, or birth defects. The list, and reasons for making each recommendation, are required to be published in the Federal Register. Since 1977, the lTC has published eight reports which contain a total of 46 chemical substances or categories of chemicals. One chemical has been removed from the 4( e) Priority List because EPA responded to the Committee's recommendation for testing. Toxic Substances Control Act: Substantial Risk Notification Under Section 8(e) of the Toxic Substances Control Act of 1976 (TSCA), anyone who obtains information which reasonably supports the conclusion that a substance presents a substantial risk of injury to human health or the environment must notify the Environmental Protection Agency within days. These notices are then reviewed by the Office of Pesticides and Toxic Substances. An initial evaluation of the substance is prepared containing, if appropriate, followup questions to the submitter, referrals


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