Governance, Risk, and Compliance Handbook: Technology, Finance, Environmental, and International Guidance and Best Practices

CHAPTER 31

POLICY DEVELOPMENTS IN THE UNITED STATES RELATED TO CHEMICALS AND ELECTRONIC WASTE

Michael P. Wilson PhD, MPH

Michael Kirschner

31.1 INTRODUCTION

31.2 THE U.S. TOXIC SUBSTANCE CONTROL ACT

(a) Background

(b) Problems

(i) The Data Gap

(ii) The Safety Gap

(iii) The Technology Gap

(c) Implications

(d) Conclusion

31.3 ELECTRONIC WASTE IN ENVIRONMENTAL POLICY

(a) Federal Approaches

(b) State Approaches

(i) California

(ii) Maine

(iii) Maryland

(iv) Washington

(c) Conclusion

NOTES

REFERENCES

31.1 INTRODUCTION

This chapter focuses on policies in the United States related to industrial chemicals and electronic products and waste. For different reasons, policies in these two arenas are under considerable pressure as a consequence of developments among U.S. states and in the European Union (EU).

The first case examines the U.S. Toxic Substances Control Act (TSCA, 15 U.S.C. s/s 2601 et seq.) of 1976.1 TSCA was an important step forward in its time and it influenced chemicals policy in countries around the world, yet its limitations have become apparent over the decades. A growing number of U.S. states are now contemplating individual chemicals policies in response to these limitations. Faced with a similar set of chemicals policy weaknesses, the European Parliament has recently approved a sweeping reform of chemicals policy known as the Registration, Evaluation, and Authorization of Chemicals (REACH). Other nations appear to be looking to REACH as a potential model for chemicals ...