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CRITICISM TO TSCA
TSCA has been largely criticized by non-governmental organizations, academics, scientists, and even government agencies that argue TSCA fails to effectively regulate the safety use of chemicals affecting human health and environmental welfare. . Since the creation of TSCA in 1976, “the act has not been substantially updated.” Organizations concerned about product safety, “including the chemical industry, environmental and public health advocates, and the EPA” have attempted to mitigate the effects of weak regulation. They argue that weaknesses in the act reflect “the inability to function as intended results from a series of legal, organization, and political challenges According to Michael P. Wilson and Megan R. Schwarzman, researchers at the Center for Occupational and Environmental Health, School of Public Health, University of California at Berkeley, there are three gaps in U.S. chemicals policy: •“Data gap: Producers are not required to investigate and disclose sufficient information on the hazard traits of chemicals to government, the public, or businesses that use chemicals. •Safety gap: Government lacks the legal tools it needs to efficiently identify, prioritize, and take action to mitigate the potential health and environmental effects of hazardous chemicals. •Technology gap: Industry and government have invested only marginally in green chemistry research, development, and education.”

State Regulation of Toxic Substances and Chemicals
State governments have implemented stricter control on toxic chemical policy as a response to the failure of congress to modernize TSCA. State lawmakers in 18 states have collectively passed 71 chemical laws since 2003. In states such as California, Connecticut and Michigan diverse chemical policy actions were introduced favoring tighter regulation to protect vulnerable populations and the environment from exposure to dangerous chemicals. Critics favoring a federal reform of TSCA argue that the patchwork of state chemical management laws create “tensions between federal and state powers.” Moreover, state law initiatives and rules to target chemicals have significant support from “the public demanding stricter chemical control. Stringent state laws have successfully implemented more regulation on "BPA in plastic products and food beverage containers or flame retardants in furniture. Campaigns focusing on increasing consumer awareness of chemicals in products have been able to educate the public about the potential risk of exposure to chemical products that can harm their health and the environment According to a poll conducted by the Mellman Group, 78 percent of Americans are seriously concerned about the threat to children’s health from toxic chemicals in day-to-day life. The same poll reported that 33 percent of the respondents answered that everyday exposure to toxic chemicals is a serious issue States enacting stronger toxic chemical policy are responding to protect vulnerable groups. State regulations of toxic substances protect communities more vulnerable to pollution and other stressors in “the absence of federal action to date means that chemicals policy reform remains an urgent societal need.”

Chemical Industry’s Support for TSCA Reform
In 2009, the chemical manufacturers stated that TSCA needs “modernizing” to offer better regulation of current and future chemical products available in the market. The chemical industry is frustrated with state-level restrictions. They argue state policies on chemical products create “market disruption and impose unnecessary regulatory burdens, without necessarily improving public health.” The chemical manufacturers “reluctantly” support a reform of TSCA to avoid ambiguities and implement more uniform and consistent regulations at the federal level that pre-empts state law. The modernization of TSCA can give the chemical industry a standard to follow and market their products for domestic consumption or international sales without having to spend more money trying to comply with a myriad of individual state regulations. Yet, environmental groups and state agencies argue that TSCA provisions “protect confidential business information” (CBI) preventing them from accessing information relevant to do their jobs. For instance, the European parliament implemented a successful comprehensive reform of REACH by applying the “No data, no market” rule to pressure chemical manufacturers to submit safety data for both new and existing chemicals produced in or exported to Europe.

Consumer Support the Reform of TSCA
Growing public concern about exposure to dangerous chemicals in their everyday life has received attention from state and local agencies. Redefining “public policies governing chemical design, production, and use need deep restructuring in light of new science on the health and environmental effects of anthropogenic chemicals” is needed to respond to the consumer demand. For better management and control of chemicals “a string of high-profile campaigns focusing on chemicals in consumer products” has made consumers aware of “chemical exposures to everyday life” by releasing information on the hazards and outcome of chemical use. Labeling is an alternative solution to give the consumer the freedom to choose what products to buy “as a condition for entering or remaining on the market, using a standard that establishes a reasonable certainty of no harm.” The private sector respond to the public concern to avoid chemical exposure in their everyday life by incorporating “screening mechanism to diminish and/or prevent the marketing of products containing chemical substances that could potentially adversely affect human health and the environment” The demand for sustainable products can force the market to adopt more green chemistry.

TSCA Reform and Technological Innovation
Opponents to TSCA reform proposals argue that stringent legislation can be seen as “job-killing.” Nevertheless, the demand for sustainable products can increase innovation and investment in new products that can eventually replace toxic chemicals. Green chemistry is an innovative way to deal with chemicals before they become hazards, with the goal of making chemicals and products “benign by design.”[see CGCI] According to the Safer Chemicals, Healthy Families Coalition, “18 states have collectively passed 71 chemical laws since 2003.” Similarly, the state of California implemented the Green Chemistry Initiative (CGCI) in an effort to increase innovation and reduce or eliminate hazardous substances to human health and the environment. The CGCI responds to the demand by consumers and environmental groups advocating for greener products.

TSCA Reform and Environmental Justice
TSCA can promote environmental justice in communities where minorities and low-income residents disproportionately bear great exposure to toxic chemicals increasing their risk to suffer from “chronic diseases and conditions such as prostate cancer, learning disabilities, asthma, infertility, and obesity.” Public policy can transform and empower communities “fighting environmental racism.” associated with industrial facilities built near low-income neighborhoods. Communities from minority groups are disproportionately affected by “environmental threats from toxic contamination, locally unwanted land use (LULUs) to unsafe and substandard housing and natural-resource extractions” cannot wait for years until bureaucratic processes demonstrate their health has been at risk from living under these conditions. Studies have shown that “lower-income people were found to be significantly more likely than were higher income people to live near a polluting industrial facility.” The market dynamics responds to “the industry seeking to build their facilities where land is cheap and where industrial labor pools and sources of materials are nearby.” Eventually, industrial facilities may contribute to the depreciation of property in the neighboring areas affecting the value of housing because of noise, release of pollutants, and fear of health impact. Wealthy communities will actively oppose the placing of industrial facilities near them but the low-income neighborhoods “and communities of color become an easier target” as they are not well represented or well organized to fight against the industry and the government. Environmental disparities is a prevalent issue for low income-people as they become trapped in “housing discrimination” living in polluted neighborhoods unable to relocate to a nicer area.

Populations Vulnerable to Toxic and Chemical Substances Exposure
Environmental justice groups can engage the community to impact local state and federal policy. TSCA regulation can protect public health by “limiting the market for hazardous chemicals and promote safe chemical production.” Vulnerable population such as infants, pregnant women, the elderly and certain occupational workers bear a higher risk to diseases from exposure to toxic chemicals. The elderly are vulnerable from exposure to chemicals that may impair their weak immune system, and cause heart disease among other health issues from interactions with medication. Children are vulnerable to the health impacts of environmental injustice because their immune system is immature and they cannot handle the amount of chemicals in relation to the size of their body. To protect vulnerable groups the federal, state and local government could implement better policy to protect them from the increasing number of chemical exposure happening in daily basis.

Children Exposure to Toxic Chemicals
Children are more susceptible to develop patterns of illness with long time effect in their health for which chemical exposure can be contributing pediatric disease. The main health problems associated with environmental chemical pollutants are asthma, lead poisoning and obesity. It is estimated that “the annual costs of environmentally attributable diseases in American children due to lead poisoning amounts to $43.4billion.” Toxic chemicals "threaten the health of the developing fetus, babies, young children and teens.” It is important to protect children from chemical exposures as they “are less able than adults to break down and excrete toxic compounds.” Children are exposed to newly invented chemicals used for consumer products, and is also found in “air, food, water, homes, schools, and communities.” Communities living near hot spots present health problems “associated with both social and environmental stressors,” this can put a disproportionately burden on families. Therefore, “information on potential toxicity” can help parents to make better decisions about the products they purchase for the use of the children. Information about the toxicity is only available for about “two-thirds of the 3000 high production volume (HPV) chemicals.” Policy and regulation to protect vulnerable groups can reduce the exposure of children to toxic substances. For instance, in 2008, the state of Maine implemented the Kid-Safe Act to protect children from exposure to lead in toys “and bisphenol A (better known as BPA) in baby bottles”

Pregnant Women Exposure to Chemicals
Pregnant women exposure to toxic chemicals in daily basis “can impact the reproductive and developmental health” during critical windows of development, this may lead to a higher risk for birth defects and childhood illnesses and “disability across the entire span of human life.” Health professionals can provide information to women planning to become pregnant or already pregnant to avoid potential hazards and exposure to environmental toxic chemicals. Eating healthy food can reduce the impact of toxic chemicals, for instance consuming organic food. Mothers who are breastfeeding can expose their child to toxic chemicals in their milk. When the diet of children is modified from "conventional to organic food, the levels of pesticides in their bodies decline,” but low-income families have to prioritize their needs and buying organic food may not be possible because of a budget constraint

Occupational Workers Exposure to Toxic Chemicals
According to the Occupational Safety & Health Administration (OSHA) workers have the right to a safe workplace that do not pose a risk of serious harm. Occupational exposure to chemicals can happen through direct skin contact, inhalation, ingestion or eye contact. People working under certain occupations are more exposed to toxic chemicals that can have a negative long time effect in their health. If the rate of exposure exceeds the capacity of the body to detoxify and eliminate them, it can accumulate in the body and potentially harm it. Male and female fertility can be compromised from exposure to toxic chemicals. For example, farm workers including a large number of seasonal migrant workers are exposed to variety of occupational risks and hazards. Communities near agricultural farms may be at higher risk for exposure to pesticides. Farm workers are exposed to pesticide-related illness from the use of chemicals that can have delayed health effect such as cancer and reproductive dysfunction. Other health problems from their exposure to chemicals include “acute systemic poisoning, nausea, dermatitis, fatigue and abnormalities in liver and kidney function” Farmers and their family are exposed to toxic chemicals when the farm worker leaves the field and has contact with family members wearing contaminated clothes. Among the chemicals farmers get exposed, Dibromochloropropane (DBCP), a soil fumigant used to control nematodes can lead to “testicular toxicity and human reproductive dysfunction.”

Corporations Supporting Mitigation of Toxic Chemical Exposure
Corporations can show social responsibility by removing products from the market and introducing similar alternatives that can benefit vulnerable groups. For instance, “Kaiser Permanente, a major medical supply purchaser, has a policy to avoid chemicals associated with cancer, reproductive problems and genetic mutations.” Corporation social responsibility (CSR) is the moral obligation of the firm "to create success in ways that honors ethical values and respect to communities while promoting sustainability and a good reputation." Corporations can innovate and improve their image by responding to the increasing demand of green chemicals by consumers seeking better options to reduce their exposure to toxic chemicals.