Chemical Management Policy in the United States

Dow is deeply invested in working with customers, suppliers, and other public and private entities to ensure that our people, our communities, and our environment are protected as we develop new solutions to grow businesses and make the world a better place.

Position on TSCA

Right now the primary means for regulating chemicals in the United States is the Toxic Substances Control Act (TSCA). Enacted in 1976, the TSCA is outdated and in need of reform. Currently, the statute does not:

  • Provide the U.S. Environmental Protection Agency (EPA) with sufficient authority to require information/testing or to regulate existing chemicals (as compared to new chemicals)
  • Require substantiation of confidential business information (CBI) claims or allow the EPA to share certain CBI with other governments
  • Allow the EPA to take expeditious action against a chemical that fails to meet the safety standard
  • Allow the EPA to evaluate safety/risk apart from economic considerations

We believe TSCA reform is crucial because it impacts almost every aspect of how the chemical industry develops, produces, and manages chemicals on a day-to-day basis. Without TSCA reform, industry will continue to be faced with an uneven and unpredictable regulatory environment and struggle to meet a patchwork of state-specific regulations as well as various requirements from retailers who are increasingly acting on product deselection.

 

A reformed TSCA should meet the following core principles:

  • Ensure chemicals are safe for intended use based on a strong scientific framework that uses modern technology
  • Ensure safety decisions are expeditious
  • Prioritize chemicals to determine which substances warrant additional review and assessment
  • Use all reliable, high-quality data
  • Make safety information public while protecting intellectual property

We will continue to advocate for change in the industry and keep you updated on our progressive solutions.

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