TSCA's Unfulfilled Mandate for Comprehensive Regulation of Toxic Substances—The Potential of TSCA §21 Citizens' Petitions

November 1986
Citation:
16
ELR 10330
Issue
11
Author
Richard A. Ginsburg

Editors' Summary: One of the major focuses of environmental protection programs over the next several decades will be on limiting our exposure to toxic substances. Residents of certain geographic areas, especially older industrial areas, can be exposed to these substances through several pathways. The traditional environmental control structure was not designed to address these site-specific, multi-media exposure problems. The author of this article argues that Congress intended to address precisely this problem when it passed TSCA in 1976. An examination of TSCA's legislative history reveals that Congress intended to give EPA a mandate to initiate comprehensive regulation of toxic exposure on a site-specific basis. While EPA's Integrated Environmental Management Division has recently completed studies examining multi-media toxic exposure in several cities, the author asserts that EPA has not used its broad authority under TSCA to address these concerns. The author concludes the citizen petition under TSCA §21 may be an effective mechanism to compel EPA to carry out its mandate under TSCA.

Richard Ginsburg is a research associate with Citizens for a Better Environment, an environmental organization that is currently involved in litigation with EPA concerning these issues.

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