Congress enacted the Toxic Substances Control Act (TSCA)¹ in 1976 to control risks from chemicals in commerce. TSCA requires the Environmental Protection Agency (EPA) to review most new chemicals while they are still being developed, before they are manufactured. TSCA also gives EPA power to regulate chemicals already in commerce if they create an "unreasonable risk" to health or to the environment.² Intended to solve the environmental problems inherent in the synthetic chemical revolution following World War II, TSCA's ambitious authorities have never been effectively applied to regulate manufacturers that are not part of the chemical industry.

Distinctions between chemical companies and other manufacturers have become blurred as U.S. industry reorganizes to compete globally. It remains true that nonchemical manufacturers produce products, such as computers, switches, cars, office machines, or airplanes, as opposed to traditional bulk chemicals. But increasingly, nonchemical manufacturers use applied chemistry to quickly develop new products or to cut costs in making existing products. For example, new conductive inks are critical components of many modern electronic devices, and advanced polymeric coating formulations play an important role in enhancing the durability of a wide variety of consumer goods, from cars to soft drink cans. These nonchemical manufacturers are potentially subject to regulations developed for traditional chemical companies, but implementation of TSCA has not kept pace.